This notice is to inform you that the Texas Health and Human Services Commission (HHSC) is now implementing the remainder of Texas Health and Safety Code Chapter 441. This may impact your company.

House Bill 2536, 86th Legislative Regular Session (2019), added new Chapter 441 to the Texas Health and Safety Code.  Chapter 441, entitled Drug Cost Transparency, requires pharmaceutical drug manufacturers to annually report to HHSC current wholesale acquisition cost information for U.S. Food and Drug Administration (FDA)-approved drugs sold in or into Texas. Manufacturers were required to submit these reports for 2020 by March 15, 2020.

Chapter 441 also requires manufacturers to separately report specific information about certain wholesale acquisition cost increases. HHSC is now accepting specific information related to wholesale acquisition cost information price increases.

All price increases effective on or after January 1, 2020, must be reported to HHSC.

  • Reporting for price increases with effective dates from January 1, 2020, through June 14, 2020, is due by August 15, 2020.
  • Reporting for price increases with effective dates on or after June 15, 2020, are due within 30 days of the price increase effective date.