Texas Government Code 531.090 – Joint Purchasing of Prescription Drugs and Other Medications
(a) Subject to Subsection (b), the commission and each health and human services agency authorized by the executive commissioner may enter into an agreement with one or more other states for the joint bulk purchasing of prescription drugs and other medications to be used in Medicaid, the state child health plan, or another program under the authority of the commission.
(b) An agreement under this section may not be entered into until:
(1) the commission determines that entering into the agreement would be feasible and cost-effective; and
(2) if appropriated money would be spent under the proposed agreement, the governor and the Legislative Budget Board grant prior approval to expend appropriated money under the proposed agreement.
Terms Used In Texas Government Code 531.090
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(c) If an agreement is entered into, the commission shall adopt procedures applicable to an agreement and joint purchase required by this section. The procedures must ensure that this state receives:
(1) all prescription drugs and other medications purchased with money provided by this state; and
(2) an equitable share of any price benefits resulting from the joint bulk purchase.
(d) In determining the feasibility and cost-effectiveness of entering into an agreement under this section, the commission shall identify:
(1) the most cost-effective existing joint bulk purchasing agreement; and
(2) any potential groups of states with which this state could enter into a new cost-effective joint bulk purchasing agreement.
Text of section effective until April 01, 2025