State agencies must buy health-care goods and services using the method that gives the greatest volume discount, unless they decide to use a most cost-effective method instead. The section also requires information sharing, gives the University of Texas System access to collected information, and does not apply to the state Medicaid program.
Sec. 2155.1441. HEALTH CARE PURCHASING. (a) A state agency shall acquire goods and services used in support of the agency's health care programs by the method that provides the greatest volume discount for the goods or services, including group purchasing programs, state agency purchasing consortiums, or competitive sealed proposals. (b) A state agency may contract with a medical and dental unit to have the unit perform all or part of the purchasing functions of the agency under this section or to participate in a state agency purchasing consortium or group purchasing program with the medical and dental unit. (c) If a state agency determines that it should consider factors in addition to volume discounts in acquiring a particular good or service, the agency may acquire the good or service by the most cost-effective method of acquisition available, including group purchasing programs, state agency purchasing consortiums, or competitive sealed proposals. (d) A state agency shall provide appropriate information to the comptroller concerning acquisitions made by the agency under this section, but the comptroller's authority under this chapter and Chapters 2156, 2157, and 2158 does not extend to the acquisition of goods and services made under this section. (e) The central administration of The University of Texas System shall develop methods for sharing information concerning acquisitions made under this section, including methods for sharing the information electronically. Electronic sharing may include posting information on acquisitions on the comptroller's state government electronic bulletin board. (f) A state agency shall collect and maintain information as specified by the central administration of The University of Texas System relating to the agency's acquisitions under this section. The central administration of The University of Texas System is entitled to access to all information collected and maintained under this section. (g) In this section: (1) "Goods" means material, supplies, equipment, or other tangible items. (2) "Group purchasing program" means a program administered by a business entity that offers discount prices on goods and services to participants in the program. (3) "Health care program" means a program or activity administered or funded by a state agency to provide health care services, research, education, or goods. (4) "Medical and dental unit" has the meaning assigned by Section 61.003, Education Code. (5) "State agency purchasing consortium" means a group of three or more state agencies acting under a written agreement to receive discount prices from vendors based on volume purchases of goods and services. (h) This section does not apply to the state Medicaid program. Added by Acts 1997, 75th Leg., ch. 165, Sec. 17.01(a), eff. Sept. 1, 1997. Renumbered from Sec. 2155.144 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(58), eff. Sept. 1, 1999. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 30, eff. September 1, 2019.