2020.02 DSHS Central Pharmacy to Dispense Medications to THMP Participants

Procedure Number 2020.02
Effective Date December 15, 2020
Revision Date  
Subject Matter Expert THMP Manager
Approval Authority TB/HIV/STD Section Director
Signed by Felipe Rocha, M.S.S.W.

1.0 Purpose

The Texas Department of State Health Services (DSHS) Pharmacy Warehouse is a Class A Pharmacy (DSHS Central Pharmacy) that will dispense medications to individuals participating in the Texas HIV Medication Program (THMP). This policy outlines the expectations around the DSHS Central Pharmacy participating in THMP.

2.0 Authority

Title 42, Section 300ff-26 of the United States Code; Texas Occupations Code Chapters 551-568 and Texas Administrative Code, Title 22, Part 15.

3.0 Background

The federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (P.L. 101-381) awarded funds to States to help offset the cost of medications approved by the Food and Drug Administration for the treatment of HIV infection.

The Texas HIV Medication Program (THMP), which is operated by DSHS, is available to eligible indigent persons with HIV infection not covered under another third-party payor or whose State Medicaid allocated monthly medication slots have been filled.

4.0 Definitions

AIDS Drug Assistance Program (ADAP) – The State of Texas’ HIV Medication Program (THMP), administered by DSHS HIV/STD Prevention and Care Branch.

Class A Pharmacy – A Class A Pharmacy is a community pharmacy licensed by the Texas State Board of Pharmacy to dispense medications.

DSHS Central Pharmacy – The name of the Class A Pharmacy operated by the Texas Department of State Health Services. Clients from the THMP program can elect to have certain medications shipped to them by the DSHS Central Pharmacy.

Texas Department of State Health Services (DSHS) – The agency responsible for administering public health-related prevention, treatment, and regulatory programs for the State of Texas.

Texas HIV Medication Program (THMP) – Provides medications for the treatment of HIV and its related complications for low-income Texans. The THMP is the official AIDS Drug Assistance Program (ADAP) for the State of Texas. It also operates the State Pharmacy Assistance Program (SPAP) and Texas Insurance Assistance Program (TIAP).

5.0 Policy

5.1 The DSHS Central Pharmacy agrees to provide THMP medications to THMP recipients;

5.2 The DSHS Central Pharmacy agrees to comply with all requirements of the Pharmacy Guidelines for the Texas HIV Medication Program, as well as all state and federal laws regulating pharmacy operations.

The DSHS Central Pharmacy will submit orders for review and approval by THMP, and then the Pharmacy will ship the approved medications directly to the client in accordance with the procedures outlined in the Guidelines. The Pharmacy agrees to dispense medications in full-bottle increments;

5.3 The DSHS Central Pharmacy will adhere to all applicable Texas pharmacy rules and statutes pertaining to patient confidentiality and dispensation of prescription medications, including but not limited to Texas Occupations Code Chapters 551-568 and Texas Administrative Code, Title 22, Part 15.

5.4 The DSHS Central Pharmacy acknowledges that the THMP is only authorized to serve recipients residing in the state of Texas. The Pharmacy must immediately notify the THMP if they become aware of a THMP recipient residing outside the state of Texas. The Pharmacy will only ship medications outside of the state of Texas with approval from THMP;

5.5 The DSHS Central Pharmacy agrees to immediately notify THMP staff of any restriction placed on, or suspension or revocation of, the Pharmacy’s license and/or certificate to provide services; and

5.6 The DSHS Central Pharmacy will provide THMP staff, within ten calendar days of request, copies of documents associated with the adverse action on the license or certificate, or both.

6.0 Audit of Records

The DSHS Central Pharmacy shall maintain recipient and statistical records and any supporting documents applicable to performance under this policy. This includes, but is not limited to, all records pertaining to receipt and delivery of THMP medications to approved THMP recipients. These documents shall be retained for a period of three years after the termination of this policy.

The DSHS Central Pharmacy agrees that DSHS, the Texas Health and Human Services Commission, the Comptroller General of the United States, and/or any of their duly authorized representatives, shall have access to any pertinent books, documents, papers, and records of the Pharmacy for making audit, examination, excerpts, and transcriptions of transactions related to this policy.

7.0 Client Rights

The DSHS Central Pharmacy must maintain the recipient’s privacy and confidentiality regarding the recipient’s medical and personal information contained in the Pharmacy’s records, as required by state and federal law. The recipient has the right to choose which participating pharmacy is used unless that right has been restricted by DSHS for any reason. The recipient’s acceptance of any service must be voluntary. 

8.0 Responsibilities

Medical Provider: Prescribes medications, sends the prescriptions to the DSHS Central Pharmacy, and notifies THMP of the recipient’s medication regimen.

DSHS Central Pharmacy: Sends medication refill requests to THMP for approval; fills prescriptions that have been approved by THMP; ships medications to clients; maintains records pertaining to receipt and delivery of THMP medications to approved THMP recipients.

THMP: Receives medication refill requests from Central Pharmacy and checks for eligibility of client; notifies Central Pharmacy of prescriptions approved to be filled.

9.0 Revision History

Date Action Section
12/15/2020 New policy -