HF 1436

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; requiring wholesale drug 
  1.3             distributors to report the best price; requiring the 
  1.4             provision of information on the prescription drug 
  1.5             program and prescription drug patient assistance 
  1.6             programs; amending Minnesota Statutes 2000, sections 
  1.7             256.955, by adding a subdivision; and 256.975, by 
  1.8             adding a subdivision; Laws 2000, chapter 488, article 
  1.9             9, section 32; proposing coding for new law in 
  1.10            Minnesota Statutes, chapter 151. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [151.471] [BEST PRICE REPORTING REQUIREMENT.] 
  1.13     (a) As a condition of licensure under section 151.47, a 
  1.14  wholesale drug distributor, as defined in section 151.44, 
  1.15  paragraph (b), shall report to the commissioner of human 
  1.16  services, in the manner prescribed by the commissioner, the best 
  1.17  price for each prescription drug sold or distributed in 
  1.18  Minnesota.  For purposes of this requirement, "best price" means 
  1.19  the lowest price at which the wholesale drug distributor sells 
  1.20  or distributes the prescription drug to a retail pharmacy, 
  1.21  retail pharmacy chain, or retail pharmacy purchasing group.  
  1.22  When reporting the best price to the commissioner, a wholesale 
  1.23  drug distributor shall also include information on the quantity 
  1.24  of prescription drugs to which the best price applies, and 
  1.25  information on how a retail pharmacy, retail pharmacy chain, or 
  1.26  retail pharmacy purchasing group can purchase prescription drugs 
  1.27  at the best price. 
  1.28     (b) The board of pharmacy shall investigate violations of 
  2.1   paragraph (a).  If the board determines that the wholesale drug 
  2.2   distributor has failed to provide to the commissioner of human 
  2.3   services the information required under paragraph (a), or has 
  2.4   provided fraudulent information, the board shall assess a 
  2.5   financial penalty against the wholesale drug distributor. 
  2.6      Sec. 2.  Minnesota Statutes 2000, section 256.955, is 
  2.7   amended by adding a subdivision to read: 
  2.8      Subd. 10.  [NOTICE ON PRESCRIPTION DRUG PROGRAMS.] (a) The 
  2.9   commissioner of human services, in consultation with the board 
  2.10  on aging, shall develop a notice publicizing the availability, 
  2.11  through the senior linkage line, of information on the 
  2.12  prescription drug program established under section 256.955 and 
  2.13  information on prescription drug patient assistance programs and 
  2.14  cost savings opportunities provided by pharmaceutical 
  2.15  manufacturers under Laws 2000, chapter 488, article 9, section 
  2.16  32.  The notice must include a toll-free number for the senior 
  2.17  linkage line that individuals can call for more information. 
  2.18     (b) The commissioner of human services shall require all 
  2.19  physicians, pharmacists, and hospitals participating in the 
  2.20  medical assistance program to post the notice developed under 
  2.21  paragraph (a) conspicuously in a location commonly accessed by 
  2.22  patients. 
  2.23     (c) The commissioner shall require prepaid health plans 
  2.24  participating in the prepaid medical assistance program to 
  2.25  require physicians, pharmacists, and hospitals under contract as 
  2.26  providers to comply with the requirement in paragraph (b). 
  2.27     Sec. 3.  Minnesota Statutes 2000, section 256.975, is 
  2.28  amended by adding a subdivision to read: 
  2.29     Subd. 7.  [INFORMATION ON PRESCRIPTION DRUG PROGRAMS AND 
  2.30  ASSISTANCE.] The board on aging, through the senior linkage 
  2.31  line, shall make available to consumers information on the 
  2.32  prescription drug program established under section 256.955 and 
  2.33  information on prescription drug patient assistance programs and 
  2.34  cost savings opportunities provided by pharmaceutical 
  2.35  manufacturers under Laws 2000, chapter 488, article 9, section 
  2.36  32.  The board shall also provide this information to senior 
  3.1   citizen and community centers, and to other organizations 
  3.2   working with Minnesota senior citizens. 
  3.3      Sec. 4.  Laws 2000, chapter 488, article 9, section 32, is 
  3.4   amended to read: 
  3.5      Sec. 32.  [INFORMATION ON PRESCRIPTION DRUG PATIENT 
  3.6   ASSISTANCE AND COST SAVINGS PROGRAMS.] 
  3.7      The commissioner of human services must work with the board 
  3.8   of medical practice, organizations representing pharmaceutical 
  3.9   manufacturers, and organizations representing pharmacies, to 
  3.10  develop a strategy to provide information to all physicians and, 
  3.11  pharmacists, and the Minnesota board on aging on prescription 
  3.12  drug patient assistance programs and cost savings opportunities 
  3.13  offered by pharmaceutical manufacturers.  Any strategy developed 
  3.14  must provide physicians and, pharmacists, and the Minnesota 
  3.15  board on aging with regular updates on prescription drug patient 
  3.16  assistance programs and cost savings opportunities and be 
  3.17  implemented without cost to physicians, pharmacists, or the 
  3.18  state.