HF 2207

1st Unofficial Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; clarifying that individuals may 
  1.3             participate in pharmaceutical manufacturer's rebate 
  1.4             programs; amending Minnesota Statutes 2002, section 
  1.5             62J.23, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 62J.23, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [INTERIM RESTRICTIONS.] (a) From July 1, 1992, 
  1.10  until rules are adopted by the commissioner under this section, 
  1.11  the restrictions in the federal Medicare antikickback statutes 
  1.12  in section 1128B(b) of the Social Security Act, United States 
  1.13  Code, title 42, section 1320a-7b(b), and rules adopted under the 
  1.14  federal statutes, apply to all persons in the state, regardless 
  1.15  of whether the person participates in any state health care 
  1.16  program.  The commissioner shall approve a transition plan 
  1.17  submitted to the commissioner by January 1, 1993, by a person 
  1.18  who is in violation of this section that provides a reasonable 
  1.19  time for the person to modify prohibited practices or divest 
  1.20  financial interests in other persons in order to come into 
  1.21  compliance with this section.  Transition plans that identify 
  1.22  individuals are private data.  Transition plans that do not 
  1.23  identify individuals are nonpublic data. 
  1.24     (b) Nothing in paragraph (a) shall be construed to prohibit 
  1.25  an individual from receiving a discount or other reduction in 
  2.1   price or a limited-time free supply of a prescription drug, 
  2.2   medical supply, or medical equipment offered by a pharmaceutical 
  2.3   manufacturer, medical supply or device manufacturer, health plan 
  2.4   company, or pharmacy benefit manager, so long as: 
  2.5      (1) the discount, reduction, or free supply is provided 
  2.6   directly to the individual in connection with the purchase of a 
  2.7   prescription drug, medical supply, or medical equipment 
  2.8   prescribed for that individual; 
  2.9      (2) it otherwise comports with the requirements of state 
  2.10  and federal law; and 
  2.11     (3) the discount or reduction in price does not exceed the 
  2.12  amount paid directly by the individual for the prescription drug.
  2.13     (c) Except as permitted under paragraph (b), no other 
  2.14  benefit, reward, remuneration, or incentive for continued 
  2.15  product use may be provided to an individual or an individual's 
  2.16  family by a pharmaceutical manufacturer, medical supply or 
  2.17  device manufacturer, or pharmacy benefit manager. 
  2.18     Sec. 2.  [EFFECTIVE DATE.] 
  2.19     Section 1 is effective the day following final enactment.