Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 354 - MEDICAID HEALTH SERVICES
Subchapter F - PHARMACY SERVICES
Division 7 - TEXAS DRUG CODE INDEX - ADDITIONS, RETENTIONS, AND DELETIONS
Section 354.1927 - Retention and Deletion of Drugs

Current through Reg. 49, No. 38; September 20, 2024

The Health and Human Services Commission (Commission) reviews the Texas Drug Code Index to evaluate the need for retaining or deleting drugs according to the following criteria.

(1) If the drug company fails to remove from pharmacies any drug recalled by the Food and Drug Administration (FDA) or fails to meet other federal requirements, the Commission has the right to request that the U.S. Department of Health and Human Services (HHS) allow deletion of the drug. If the drug company repeatedly fails to meet FDA or other federal requirements, the Commission may request permission to delete all drugs manufactured by the company.

(2) The Commission may request that HHS allow deletion of a drug if:

(A) the drug company or companies' actions with respect to a drug violate state or federal law; or

(B) the drug company fails to provide to the Commission the information required under § RSA 354.1921(c) of this division (relating to Addition of Drugs to the Texas Drug Code Index).

(3) The Commission may delete a legend drug if the same drug becomes available as an over-the-counter drug.

(4) Effective upon notification, the Commission deletes discontinued or permanently recalled drugs. This provision applies to:

(A) drugs permanently recalled by the manufacturer;

(B) drugs permanently recalled by the FDA; and

(C) drugs no longer manufactured.

(5) The Commission deletes drugs for which federal matching funds are no longer available.

(6) The Commission may delete a drug if:

(A) there is no federal rebate for the drug;

(B) the drug no longer meets the definition of a covered, outpatient drug;

(C) the drug has been designated to an excludable class of drugs; or

(D) the classification of the drug changes to a class listed in § RSA 354.1923(c) of this division (relating to Review and Evaluation).

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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