SF 2533

as introduced - 93rd Legislature (2023 - 2024) Posted on 06/29/2023 03:58pm

A bill for an act
relating to health; allowing the commissioner of human services to enter into
value-based purchasing arrangements with drug manufacturers; amending
Minnesota Statutes 2022, section 256B.0625, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 256B.0625, is amended by adding a subdivision
to read:

Subd. 13k.

Value-based purchasing arrangements.

(a) The commissioner may enter
into a value-based purchasing arrangement for the medical assistance and MinnesotaCare
programs with a drug manufacturer based on agreed upon metrics to which the commissioner
and the manufacturer agree in writing. The commissioner may enter into a contract with a
vendor for the purpose of participating in a value-based purchasing arrangement. A
value-based purchasing arrangement may include a rebate, a discount, a price reduction,
risk-sharing, a reimbursement, a guarantee, shared savings payments, withholds, a bonus,
or any other thing of value.

(b) For covered outpatient drugs as defined in section 1927 of the federal Social Security
Act, a value-based purchasing arrangement must be executed in a supplemental agreement
in addition to the Medicaid National Drug Rebate Agreement.

(c) Nothing in this subdivision requires a drug manufacturer or the commissioner to
enter into an arrangement as described in paragraph (a).

(d) Nothing in this subdivision shall be construed to alter or modify medical assistance
coverage requirements or rebates for covered outpatient drugs under section 1927 of the
federal Social Security Act.

(e) If the commissioner determines that a state plan amendment is necessary to implement
a value-based purchasing arrangement, the commissioner shall submit the amendment to
the Centers for Medicare and Medicaid Services and delay implementation until the
amendment is approved. The commissioner may request proposals from drug manufacturers
for value-based purchasing arrangements while a state plan amendment is being reviewed
by the Centers for Medicare and Medicaid Services.

EFFECTIVE DATE.

This section is effective the day following final enactment.