HF 3095

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/23/2023 01:31pm

A bill for an act
relating to human services; modifying the operation of the opioid prescribing
improvement program; establishing a waiver process; providing a contingent
sunset; amending Minnesota Statutes 2022, section 256B.0638, subdivision 4, by
adding subdivisions.

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

Section 1.

Minnesota Statutes 2022, section 256B.0638, subdivision 4, is amended to read:

Subd. 4.

Program components.

(a) The working group shall recommend to the
commissioners the components of the statewide opioid prescribing improvement program,
including, but not limited to, the following:

(1) developing criteria for opioid prescribing protocols new text begin for prescribers of the same or
similar medical specialty treating a similar group of patients new text end , including:

(i) prescribing for the interval of up to four days immediately after an acute painful
event;

(ii) prescribing for the interval of up to 45 days after an acute painful event; and

(iii) prescribing for chronic pain, which for purposes of this program means pain lasting
longer than 45 days after an acute painful event;

(2) developing sentinel measures;

(3) developing educational resources for opioid prescribers about communicating with
patients about pain management and the use of opioids to treat pain;

(4) developing opioid quality improvement standard thresholds and opioid disenrollment
standards for opioid prescribers and provider groups. In developing opioid disenrollment
standards, the standards may be described in terms of the length of time in which prescribing
practices fall outside community standards and the nature and amount of opioid prescribing
that fall outside community standards; and

(5) addressing other program issues as determined by the commissioners.

(b) The opioid prescribing protocols shall not apply to opioids prescribed for patients
who are experiencing new text begin intractable pain, as defined in section 152.125, subdivision 1, paragraph
(c), or new text end pain caused by a malignant condition or who are receiving hospice care, or to opioids
prescribed for substance use disorder treatment with medications for opioid use disorder.

(c) All opioid prescribers who prescribe opioids to Minnesota health care program
enrollees must participate in the program in accordance with subdivision 5. Any other
prescriber who prescribes opioids may comply with the components of this program described
in paragraph (a) on a voluntary basis.

Sec. 2.

Minnesota Statutes 2022, section 256B.0638, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Waiver for certain provider groups. new text end

new text begin (a) This section does not apply to
prescribers employed by, or under contract or affiliated with, a provider group that has
received a waiver from the commissioner from the requirements of this section.
new text end

new text begin (b) The commissioner, in consultation with opioid prescribers, shall develop waiver
criteria for provider groups, and shall make waivers available beginning July 1, 2023. In
granting waivers, the commissioner shall consider whether the medical director of the
provider group, and a majority of the practitioners within a provider group, have specialty
training, fellowship training, or experience in treating chronic pain.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2022, section 256B.0638, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Contingent sunset. new text end

new text begin (a) This section sunsets July 1, 2024, if the commissioner
of management and budget, after consultation with the Board of Pharmacy, certifies to the
revisor of statutes by June 1, 2024, that the rate of opioid prescribing for enrollees in the
medical assistance and MinnesotaCare programs for the period of January 21, 2022, through
December 31, 2023, does not exceed the rate of opioid prescribing for private sector enrollees
for that same time period by more than ten percent.
new text end

new text begin (b) The Board of Pharmacy shall provide technical assistance to the commissioner of
management and budget, and may access the prescription monitoring program database
under section 152.126 when providing technical assistance.
new text end