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· 2/5/2025

Untitled Texas Attorney General Opinion: KP-0480

Syllabus

Enacted by House Bill 1763 and House Bill 1919, subchapter M and subchapter L of chapter 1369 of the Texas Insurance Code regulate certain contracts with pharmacists and pharmacies and certain referral and solicitation practices concerning affiliated providers. This opinion addresses whether any of the provisions are preempted by ERISA and whether they are enforceable against health benefit plan issuers or pharmacy benefit managers administering a health benefit plan domiciled outside of Texas.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.