SF 1947

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/28/2025 10:10 a.m.

A bill for an act
relating to health; requiring coverage of nonopioid drugs for treatment or
management of pain; amending Minnesota Statutes 2024, section 256B.0625,
subdivision 13g.

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

Section 1.

Minnesota Statutes 2024, section 256B.0625, subdivision 13g, is amended to
read:

Subd. 13g.

Preferred drug list.

(a) The commissioner shall adopt and implement a
preferred drug list by January 1, 2004. The commissioner may enter into a contract with a
vendor for the purpose of participating in a preferred drug list and supplemental rebate
program. The terms of the contract with the vendor must be publicly disclosed on the website
of the Department of Human Services. The commissioner shall ensure that any contract
meets all federal requirements and maximizes federal financial participation. The
commissioner shall publish the preferred drug list annually in the State Register and shall
maintain an accurate and up-to-date list on the agency website. The commissioner shall
implement and maintain an accurate archive of previous versions of the preferred drug list,
and make this archive available to the public on the website of the Department of Human
Services beginning January 1, 2024.

(b) The commissioner may add to, delete from, and otherwise modify the preferred drug
list, after consulting with the Formulary Committee and appropriate medical specialists,
providing public notice and the opportunity for public comment, and complying with the
requirements of paragraph (f).

(c) The commissioner shall adopt and administer the preferred drug list as part of the
administration of the supplemental drug rebate program. Reimbursement for prescription
drugs not on the preferred drug list may be subject to prior authorization.

new text begin (d) When administering the preferred drug list, the commissioner must not disadvantage
or discourage the coverage of a nonopioid drug approved by the United States Food and
Drug Administration for the treatment or management of pain as compared to the coverage
of any opioid or narcotic drug on the preferred drug list for the treatment or management
of pain. For purposes of this paragraph, impermissible disadvantaging or discouragement
includes but is not limited to:
new text end

new text begin (1) designating any nonopioid drug as nonpreferred if any opioid or narcotic drug is
designated as preferred on the preferred drug list; or
new text end

new text begin (2) establishing utilization management protocols for a nonopioid drug that are more
restrictive or extensive than the least restrictive or extensive utilization management controls
applicable to an opioid or narcotic drug. Utilization management protocols include but are
not limited to prior authorization and step therapy protocol requirements.
new text end

new text begin (e) Paragraph (d) does not prohibit an opioid or narcotic drug from being preferred over
other opioid or narcotic drugs or a nonopioid drug from being preferred over other nonopioid
drugs.
new text end

new text begin (f) Paragraph (d) applies to a nonopioid drug immediately upon its approval by the
United States Food and Drug Administration for the treatment or management of pain,
regardless of whether the drug has been reviewed by the commissioner or Formulary
Committee for inclusion on the drug formulary under subdivision 13d or the preferred drug
list under this subdivision.
new text end

deleted text begin (d) deleted text end new text begin (g) new text end For purposes of this subdivision, the following terms have the meanings given:

(1) "appropriate medical specialist" means a medical professional who prescribes the
relevant class of drug as part of their practice; and

(2) "preferred drug list" means a list of prescription drugs within designated therapeutic
classes selected by the commissioner, for which prior authorization based on the identity
of the drug or class is not required.

deleted text begin (e) deleted text end new text begin (h) new text end The commissioner shall seek any federal waivers or approvals necessary to
implement this subdivision.

deleted text begin (f) deleted text end new text begin (i) new text end Before the commissioner may delete a drug from the preferred drug list or modify
the inclusion of a drug on the preferred drug list, the commissioner shall consider any
implications that the deletion or modification may have on state public health policies or
initiatives and any impact that the deletion or modification may have on increasing health
disparities in the state. Prior to deleting a drug or modifying the inclusion of a drug, the
commissioner shall also conduct a public hearing. The commissioner shall provide adequate
notice to the public and the commissioner of health prior to the hearing that specifies the
drug that the commissioner is proposing to delete or modify, and shall disclose any public
medical or clinical analysis that the commissioner has relied on in proposing the deletion
or modification and evidence that the commissioner has evaluated the impact of the proposed
deletion or modification on public health and health disparities. Notwithstanding section
331A.05, a public notice of a Formulary Committee meeting must be published at least 30
days in advance of the meeting. The list of drugs to be discussed at the meeting must be
announced at least 30 days before the meeting and must include the name and class of drug,
the proposed action, and the proposed prior authorization requirements, if applicable.