Texas 2025 - 89th Regular

Texas House Bill HB 4674

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to modification of certain prescription drug benefits and coverage offered by certain health benefit plans.

Summary

HB 4674 would limit when certain health benefit plan issuers in Texas can change prescription drug coverage at renewal. The bill generally allows plan issuers to modify drug coverage only at renewal, only if the change is applied uniformly to similarly situated plans, and only after providing advance written notice to the commissioner, plan sponsors, and affected enrollees. It also specifies the kinds of changes that count as covered modifications, including removing a drug from a formulary, adding prior authorization, imposing step therapy, changing quantity limits, moving a drug to a higher cost-sharing tier, increasing out-of-pocket costs, or reducing the maximum drug coverage amount. The bill also creates a stronger protection at renewal for an enrollee’s covered prescription drug when that drug was approved or covered in the prior plan year and was prescribed for the enrollee’s medical condition or mental illness. If the prescribing provider, in consultation with the enrollee, determines the drug is the most appropriate treatment, the plan issuer may not change the enrollee’s contracted benefit level for that drug at renewal in the ways listed in the bill. The bill preserves exceptions for generic or interchangeable biologic substitution, allows providers to prescribe alternatives, and permits removal of drugs from formularies in limited circumstances such as FDA safety concerns, manufacturer discontinuance, or market withdrawal. HB 4674 would amend provisions of the Insurance Code governing prescription drug coverage in health benefit plans. It excludes several plan types from the subchapter, including certain limited-benefit plans, Medicare supplemental policies, workers’ compensation, auto medical payments, long-term care policies, CHIP, Medicaid managed care and Medicaid, and self-funded ERISA plans. The bill applies only to health benefit plans delivered, issued, or renewed on or after January 1, 2026, with an effective date of September 1, 2025. The general sentiment reflected by the bill text is consumer-protective, with a focus on continuity of care and limiting midstream or renewal-time changes that could disrupt access to prescribed medications. Because there are no committee transcripts or recorded votes provided, there is no direct evidence of support or opposition in the available context. The bill’s structure suggests an intent to increase predictability for patients while still preserving insurer flexibility in safety-related or market-driven situations. The main points of potential contention are likely to be the restrictions on insurer formulary management, prior authorization, step therapy, and cost-sharing changes, which could be viewed by health plans as limiting their ability to control costs and manage utilization. On the other hand, patient advocates and prescribers may support the bill for protecting access to stable treatment, especially for chronic conditions and mental health care. The carveouts for FDA safety issues and drug discontinuation may be important to insurers and regulators as balancing provisions.

Impact

The bill would amend the Texas Insurance Code to restrict how certain health benefit plans may change prescription drug coverage, especially at renewal, and would create notice and continuity-of-coverage requirements for affected enrollees. It would not apply to several categories of coverage, including self-funded ERISA plans, Medicaid, CHIP, and certain limited-benefit policies. For plans subject to the law, issuers would face new limits on formulary changes, utilization management, and cost-sharing increases for covered drugs, with an effective application date for plans renewed or issued on or after January 1, 2026.

Sentiment

No committee testimony or vote history is provided, so the available record does not show formal support or opposition. Based on the bill’s text, the measure appears aimed at protecting patients from disruptive prescription drug coverage changes and ensuring continuity of treatment, which suggests a generally favorable consumer-oriented posture. At the same time, the bill would constrain insurer flexibility, so opposition would likely come from health plans and other stakeholders concerned about cost control and formulary management.

Contention

The likely contention centers on the balance between patient access and insurer discretion. Supporters would likely emphasize that patients should not lose coverage for a medication that is already working, particularly for chronic physical conditions or mental illness, and that advance notice is necessary when changes do occur. Opponents would likely argue that prohibiting changes such as prior authorization, step therapy, tier changes, and increased cost-sharing at renewal could reduce the ability of plans to manage premiums and utilization. The bill’s exceptions for FDA safety concerns, manufacturer discontinuance, and generic substitution appear designed to address some of those concerns.

Companion Bills

TX SB 959

Identical Relating to modification of certain prescription drug benefits and coverage offered by certain health benefit plans.

Previously Filed As

TX SB959

Relating to modification of certain prescription drug benefits and coverage offered by certain health benefit plans.

TX SF2477

Health insurance, Medicare supplement benefits and prescription drugs provisions modifications

TX HB2528

Relating to health benefit plan coverage of prescription drugs for opioid and substance use disorders.

TX HB1298

To Modify Payment Of Benefits For Certain Healthcare Providers Under A Health Benefit Plan.

TX HB93

Health insurance; prohibit modifications on renewal of covered and prescribed prescription drug's contracted benefit level.

TX HB698

Health insurance; prohibit modifications on renewal of covered and prescribed prescription drug's contracted benefit level.

TX S3123

Prohibits pre-approval or precertification of medical tests, procedures and prescription drugs covered under health benefits or prescription drug benefits plans.

TX A249

Prohibits pre-approval or precertification of medical tests, procedures and prescription drugs covered under health benefits or prescription drug benefits plans.

TX SB176

Health benefit plans; requiring coverage for certain prescription. Effective date.

TX SB176

Health benefit plans; requiring coverage for certain prescription. Effective date.

Similar Bills

No similar bills found.