HF 1483

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/22/2021 02:39pm

A bill for an act
relating to health care; restricting medical assistance pharmacy providers to in-state
pharmacies; amending Minnesota Statutes 2020, sections 256B.0625, by adding
a subdivision; 256B.69, subdivision 6d.

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

Section 1.

Minnesota Statutes 2020, section 256B.0625, is amended by adding a subdivision
to read:

new text begin Subd. 13k. new text end

new text begin Eligible providers. new text end

new text begin (a) To be eligible to dispense prescription drugs under
this section as an enrolled dispensing provider, the dispensing provider must be a:
new text end

new text begin (1) pharmacy located within the state that is licensed by the Board of Pharmacy under
chapter 151;
new text end

new text begin (2) physician located in a local trade area where there is no medical assistance enrolled
pharmacy; or
new text end

new text begin (3) physician or advanced registered nurse practitioner employed by or under contract
with a community health board for communicable disease control.
new text end

new text begin (b) A licensed out-of-state pharmacy may be enrolled as a dispensing provider under
paragraph (a) if the pharmacy is:
new text end

new text begin (1) a retail pharmacy located within 50 miles of the Minnesota border that serves walk-in
medical assistance enrollees and whose walk-in customers represent at least 75 percent of
the pharmacy's prescription volume;
new text end

new text begin (2) a retail pharmacy serving foster children enrolled in medical assistance and living
outside of Minnesota;
new text end

new text begin (3) serving enrollees receiving preapproved organ transplants who require medication
during after-care while residing outside of Minnesota; or
new text end

new text begin (4) providing products with limited or exclusive distribution channels for which there
is no potential dispensing provider located within the state.
new text end

Sec. 2.

Minnesota Statutes 2020, section 256B.69, subdivision 6d, is amended to read:

Subd. 6d.

Prescription drugs.

new text begin (a) new text end The commissioner may exclude or modify coverage
for prescription drugs from the prepaid managed care contracts entered into under this
section in order to increase savings to the state by collecting additional prescription drug
rebates. The contracts must maintain incentives for the managed care plan to manage drug
costs and utilization and may require that the managed care plans maintain an open drug
formulary. In order to manage drug costs and utilization, the contracts may authorize the
managed care plans to use preferred drug lists and prior authorization. This subdivision is
contingent on federal approval of the managed care contract changes and the collection of
additional prescription drug rebates.

new text begin (b) Managed care plans and county-based purchasing plans or the plan's subcontractor
if the plan subcontracts with a third party to administer pharmacy services, including a
pharmacy benefit manager, must comply with section 256B.0625, subdivision 13k, for
purposes of contracting with dispensing providers to provide pharmacy services to medical
assistance and MinnesotaCare enrollees.
new text end