A-2.8. Board Operations and Meetings

Information regarding drug rebates, pricing, and negotiations is confidential in accordance with Texas Government Code § 531.071. The voting members will discuss information that is confidential under § 531.071 in an executive session, in accordance with Texas Administrative Code, Title 1, Part 15, Chapter 354, Subchapter F, Division 8, Rule § 354.1941(c)(2). All executive sessions will comply with the procedural requirements of the Texas Open Meetings Act, Texas Government Code Chapter 551.

  1. Meetings
    1. The Board meets quarterly during regular business hours.
    2. The Board is subject to the Texas Open Meetings Act as if it were a governmental body.
    3. Executive sessions are not open to the public nor the managed care organization Board representatives. The managed care organization representatives will not attend the executive session or have access to confidential drug pricing information.
  2. Quorum
    1. Ten voting members constitute a quorum to transact official business. If less than a quorum of the Board is present, members may not vote upon action items but may take testimony and public comments so long as the meeting is being conducted in accordance with the Texas Open Meetings Act.
  3. Voting
    1. Voting members have the right to vote on any subject listed on the agenda. However, members must abstain from deliberating or voting on issues that could present, or reasonably appear to present, a conflict of interest. A conflict of interest, as defined in Section 3 above and at Texas Administrative Code, Title 1, Part 15, Chapter 354. Subchapter F, Division 8, Rule Section 354.1942(a)(2), also arises from a situation that would provide monetary or other gain to the member's family member or relative.
    2. The Board may determine procedural matters by a majority vote of the members attending the meeting or may use Robert's Rules of Order as a guide to its operations and proceedings.
    3. Voting Board members may also vote on operational or procedural matters that come before the Board.
    4. A member may participate and if the member is a voting member, vote by telephone conference as deemed necessary by agency staff. A member who attends and participates by telephone will count towards the quorum tally.
    5. A member may not authorize another individual to represent the member by proxy.
    6. For all business except adopting or amending bylaws, a simple majority is needed on a motion duly made and seconded. (A simple majority is defined as more than half of the votes cast by persons entitled to vote who are in attendance with a quorum, excluding abstentions.)
  4. Adoption and Revision to Bylaws
    1. Bylaws will be adopted and amended pursuant to a two-thirds vote (of members attending the meeting) on a motion duly made and seconded.
    2. Board members or HHSC staff may propose changes to these bylaws. All proposed changes from Board members, along with the rationale for the changes, should be submitted in writing to Board Liaison at least 45 days before the next Board meeting. The Board Liaison will ensure an item for bylaws discussion is included on the agenda to be posted on the Secretary of State's Open Meetings website. Proposed changes to bylaws must be distributed to the members before the meeting for their consideration.
    3. The Board will review the Bylaws by Dec. 31 of every even-numbered year. Board-proposed amendments that occur as a result of the biennial review will be considered in a meeting and will be passed and become effective based on a two-thirds vote of members attending the meeting, pending review and approval by HHSC staff.
    4. All proposed changes are subject to review and approval by HHSC staff.
    5. The Bylaws will become effective as of the date they are adopted or amended by the Board. The Board will make note of the date of the adoption or amendment of the Bylaws in its minutes. Members will sign a Statement by Members when bylaws are adopted or amended (see attached Statement).
  5. Public Testimony, Written Testimony, and Other Materials
    1. HHS generally treats the process for submitting public comment and public testimony as interchangeable.
    2. Public Testimony
      1. The Board will hold a Public Comment/ session before voting on:
        1. Any changes in a PDL;
        2. The adoption of or changes to drug use criteria; or
        3. The adoption of prior authorization or DUR proposals.
      2. Public comment may be allowed on other agenda items.
      3. Members of the public who would like to testify must follow the testimony registration process posted on the HHSC website.
      4. Public testimony may be time-limited at the discretion of the Chair or HHSC. To accommodate testimony from a variety of organizations and individuals, testimony is limited to one individual per organization or drug manufacturer per agenda item.
      5. Members of the public who are testifying in person may provide relevant handouts to the Board at the time of testimony.
    3. Written testimony must be submitted to HHSC program staff via mail or e-mail within the prescribed time period and instructions as indicated on the HHS website. Written testimony is not to exceed ten pages.
    4. Other Materials: Audiovisual equipment and promotional or marketing materials are not allowed.