1.1                          A bill for an act 
  1.2             relating to human services; changing an eligibility 
  1.3             provision in the prescription drug discount program; 
  1.4             amending Minnesota Statutes 2003 Supplement, section 
  1.5             256.954, subdivisions 4, 6, 10; repealing Minnesota 
  1.6             Statutes 2003 Supplement, section 256.954, subdivision 
  1.7             12. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.10  256.954, subdivision 4, is amended to read: 
  1.11     Subd. 4.  [ELIGIBLE PERSONS.] To be eligible for the 
  1.12  program, an applicant must: 
  1.13     (1) be a permanent resident of Minnesota as defined in 
  1.14  section 256L.09, subdivision 4; 
  1.15     (2) not be enrolled in Medicare, medical assistance, 
  1.16  general assistance medical care, MinnesotaCare, or the 
  1.17  prescription drug program under section 256.955; 
  1.18     (3) not be enrolled in and have currently available 
  1.19  prescription drug coverage under a health plan offered by a 
  1.20  health carrier or employer or under a pharmacy benefit program 
  1.21  offered by a pharmaceutical manufacturer; and 
  1.22     (4) not be enrolled in and have currently available 
  1.23  prescription drug coverage under a Medicare supplement plan, as 
  1.24  defined in sections 62A.31 to 62A.44, or policies, contracts, or 
  1.25  certificates that supplement Medicare issued by health 
  1.26  maintenance organizations or those policies, contracts, or 
  2.1   certificates governed by section 1833 or 1876 of the federal 
  2.2   Social Security Act, United States Code, title 42, section 1395, 
  2.3   et seq., as amended; and 
  2.4      (5) have a gross household income that does not exceed 250 
  2.5   percent of the federal poverty guidelines. 
  2.6      Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  2.7   256.954, subdivision 6, is amended to read: 
  2.8      Subd. 6.  [PARTICIPATING PHARMACY.] According to a valid 
  2.9   prescription, a participating pharmacy must sell a covered 
  2.10  prescription drug to an enrolled individual at the pharmacy's 
  2.11  usual and customary retail price, minus an amount that is equal 
  2.12  to the rebate amount described in subdivision 8, plus the amount 
  2.13  of any administrative fee and switch fee established by the 
  2.14  commissioner under subdivision 10.  Each participating pharmacy 
  2.15  shall provide the commissioner with all information necessary to 
  2.16  administer the program, including, but not limited to, 
  2.17  information on prescription drug sales to enrolled individuals 
  2.18  and usual and customary retail prices. 
  2.19     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  2.20  256.954, subdivision 10, is amended to read: 
  2.21     Subd. 10.  [ADMINISTRATIVE ENROLLMENT FEE; SWITCH FEE.] (a) 
  2.22  The commissioner shall establish a reasonable administrative 
  2.23  enrollment fee that covers the commissioner's expenses for 
  2.24  enrollment, processing claims, and distributing rebates under 
  2.25  this program. 
  2.26     (b) The commissioner shall establish a reasonable switch 
  2.27  fee that covers expenses incurred by pharmacies in formatting 
  2.28  for electronic submission claims for prescription drugs sold to 
  2.29  enrolled individuals. 
  2.30     Sec. 4.  [REPEALER.] 
  2.31     Minnesota Statutes 2003 Supplement, section 256.954, 
  2.32  subdivision 12, is repealed.