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Texas Department of Insurance
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July 16, 2020

TDI extends emergency rule on medication refills

The Texas Department of Insurance (TDI) has extended an emergency rule to make it easier for Texans with TDI-regulated health insurance to get refills and to get prescriptions at more locations, including by home delivery.

The temporary emergency rule, which would have expired July 29, will remain in effect until September 27. The emergency rule requires health plans regulated by TDI to:

  • Pay for a 90-day refill of covered medications regardless of when the prescription was last refilled, unless specifically prohibited by law as in the case of controlled substances.
  • Allow prescriptions to be filled at out-of-network pharmacies at no additional cost to the consumer if the drug isn’t available quickly through mail order or at an in-network pharmacy within 30 miles.
  • Allow substitutions if the plan’s preferred drug isn’t available due to shortages or distribution issues.
  • Waive any requirement for a consumer’s signature unless specifically required by law.

TDI-regulated plans cover about 15% of the Texas market, including plans purchased through Healthcare.gov. Insurance cards for TDI-regulated plans have either “DOI” (for department of insurance) or “TDI” (Texas Department of Insurance) printed on them.

The emergency rule doesn’t apply to self-insured employer plans, Medicare, workers’ compensation, or the state’s employee or teacher retirement plans.

For more information, contact: MediaRelations@tdi.texas.gov

Last updated: 7/16/2020