SF 3294

Introduction - 94th Legislature (2025 - 2026)

Posted on 07/09/2025 08:42 a.m.

A bill for an act
relating to health; modifying provisions for prescription drug transparency;
amending Minnesota Statutes 2024, sections 62J.461, subdivisions 3, 4, 5; 62J.84,
subdivisions 2, 3, 6, 10, 11, 12, 13, 14, 15.

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

Section 1.

Minnesota Statutes 2024, section 62J.461, subdivision 3, is amended to read:

Subd. 3.

Reporting by covered entities to the commissioner.

(a) Each 340B covered
entity shall report to the commissioner by April 1 of each year the following information
for transactions conducted by the 340B covered entity or on its behalf, and related to its
participation in the federal 340B program for the previous calendar year:

(1) the aggregated acquisition cost for prescription drugs obtained under the 340B
program;

(2) the aggregated payment amount received for drugs obtained under the 340B program
and dispensed or administered to patients deleted text begin ; deleted text end new text begin :
new text end

new text begin (i) that are net of the contracted price for insurance claims payments; and
new text end

new text begin (ii) that reflect the portion of payment received from grants, cash, or other payment types
that relate to the dispensing or administering of drugs obtained under the 340B program;
new text end

(3) the number of pricing units dispensed or administered for prescription drugs described
in clause (2); and

(4) the aggregated payments made:

(i) to contract pharmacies to dispense drugs obtained under the 340B program;

(ii) to any other entity that is not the covered entity and is not a contract pharmacy for
managing any aspect of the covered entity's 340B program; and

(iii) for deleted text begin all deleted text end other new text begin internal, direct new text end expenses related to administering the 340B program new text begin
with a detailed description of the direct costs included new text end .

The information under clauses (2) and (3) must be reported by payer type, including but
not limited to commercial insurance, medical assistance, MinnesotaCare, and Medicare, in
the form and manner prescribed by the commissioner.

(b) For covered entities that are hospitals, the information required under paragraph (a),
clauses (1) to (3), must also be reported at the national drug code level for the 50 most
frequently dispensed or administered drugs by the facility under the 340B program.

(c) Data submitted to the commissioner under paragraphs (a) and (b) are classified as
nonpublic data, as defined in section 13.02, subdivision 9.

Sec. 2.

Minnesota Statutes 2024, section 62J.461, subdivision 4, is amended to read:

Subd. 4.

Enforcement and exceptions.

(a) Any deleted text begin health care deleted text end new text begin covered new text end entity subject to
reporting under this section that fails to provide data in the form and manner prescribed by
the commissioner is subject to new text begin the levy of new text end a fine deleted text begin paid to the commissioner deleted text end of up to $500 for
each day the data are past due. Any fine levied against the entity under this subdivision is
subject to the contested case and judicial review provisions of sections 14.57 deleted text begin and deleted text end new text begin to new text end 14.69.

(b) The commissioner may grant an entity an extension of or exemption from the reporting
obligations under this deleted text begin subdivision deleted text end new text begin section new text end , upon a showing of good cause by the entity.

Sec. 3.

Minnesota Statutes 2024, section 62J.461, subdivision 5, is amended to read:

Subd. 5.

Reports to the legislature.

By November 15, 2024, and by November 15 of
each year thereafter, the commissioner shall submit to the chairs and ranking minority
members of the legislative committees with jurisdiction over health care finance and policy,
a report that aggregates the data submitted under subdivision 3, paragraphs (a) and (b). deleted text begin The
following information must be included in the report deleted text end For all 340B entities whose net 340B
revenue constitutes a significant share, as determined by the commissioner, of all net 340B
revenue across all 340B covered entities in Minnesota new text begin , the following information must also
be included in the report new text end :

(1) the information submitted under subdivision 2; and

(2) for each 340B entity identified in subdivision 2, that entity's 340B net revenue as
calculated using the data submitted under subdivision 3, paragraph (a), with net revenue
being subdivision 3, paragraph (a), clause (2), less the sum of subdivision 3, paragraph (a),
clauses (1) and (4).

For all other entities, the data in the report must be aggregated to the entity type or groupings
of entity types in a manner that prevents the identification of an individual entity and any
entity's specific data value reported for an individual data element.

Sec. 4.

Minnesota Statutes 2024, section 62J.84, subdivision 2, is amended to read:

Subd. 2.

Definitions.

(a) For purposes of this section, the terms defined in this subdivision
have the meanings given.

(b) "Biosimilar" means a drug that is produced or distributed pursuant to a biologics
license application approved under United States Code, title 42, section 262(K)(3).

(c) "Brand name drug" means a drug that is produced or distributed pursuant to:

(1) a new drug application approved under United States Code, title 21, section 355(c),
except for a generic drug as defined under Code of Federal Regulations, title 42, section
447.502; or

(2) a biologics license application approved under United States Code, title 42, section
262(a)(c).

(d) "Commissioner" means the commissioner of health.

(e) "Generic drug" means a drug that is marketed or distributed pursuant to:

(1) an abbreviated new drug application approved under United States Code, title 21,
section 355(j);

(2) an authorized generic as defined under Code of Federal Regulations, title 42, section
447.502; or

(3) a drug that entered the market the year before 1962 and was not originally marketed
under a new drug application.

(f) "Manufacturer" means a drug manufacturer licensed under section 151.252.

(g) "New prescription drug" or "new drug" means a prescription drug approved for
marketing by the United States Food and Drug Administration (FDA) for which no previous
wholesale acquisition cost has been established for comparison.

(h) "Patient assistance program" means a program that a manufacturer offers to the public
in which a consumer may reduce the consumer's out-of-pocket costs for prescription drugs
by using coupons, discount cards, prepaid gift cards, manufacturer debit cards, or by other
means.

(i) "Prescription drug" or "drug" has the meaning provided in section 151.441, subdivision
8.

(j) "Price" means the wholesale acquisition cost as defined in United States Code, title
42, section 1395w-3a(c)(6)(B).

(k) "30-day supply" means the total daily dosage units of a prescription drug
recommended by the prescribing label approved by the FDA for 30 days. If the
FDA-approved prescribing label includes more than one recommended daily dosage, the
30-day supply is based on the maximum recommended daily dosage on the FDA-approved
prescribing label.

(l) "Course of treatment" means the total dosage of a single prescription for a prescription
drug recommended by the FDA-approved prescribing label. If the FDA-approved prescribing
label includes more than one recommended dosage for a single course of treatment, the
course of treatment is the maximum recommended dosage on the FDA-approved prescribing
label.

(m) "Drug product family" means a group of one or more prescription drugs that share
a unique generic drug description or nontrade name and dosage form.

deleted text begin (n) "Individual salable unit" means the smallest container of product introduced into
commerce by the manufacturer or repackager that is intended by the manufacturer or
repackager for individual sale to a dispenser.
deleted text end

deleted text begin (o) deleted text end new text begin (n) new text end "National drug code" means the three-segment code maintained by the federal
Food and Drug Administration that includes a labeler code, a product code, and a package
code for a drug product and that has been converted to an 11-digit format consisting of five
digits in the first segment, four digits in the second segment, and two digits in the third
segment. A three-segment code shall be considered converted to an 11-digit format when,
as necessary, at least one "0" has been added to the front of each segment containing less
than the specified number of digits such that each segment contains the specified number
of digits.

deleted text begin (p) deleted text end new text begin (o) new text end "Pharmacy" or "pharmacy provider" means a community/outpatient pharmacy
as defined in Minnesota Rules, part 6800.0100, subpart 2, that is also licensed as a pharmacy
by the Board of Pharmacy under section 151.19.

deleted text begin (q) deleted text end new text begin (p) new text end "Pharmacy benefit manager" or "PBM" means an entity licensed to act as a
pharmacy benefit manager under section 62W.03.

deleted text begin (r) deleted text end new text begin (q) new text end "Pricing unit" means the smallest dispensable amount of a prescription drug
product that could be dispensed new text begin or administered new text end .

deleted text begin (s) deleted text end new text begin (r) new text end "Rebate" means a discount, chargeback, or other price concession that affects the
price of a prescription drug product, regardless of whether conferred through regular
aggregate payments, on a claim-by-claim basis at the point of sale, as part of retrospective
financial reconciliations, including reconciliations that also reflect other contractual
arrangements, or by any other method. "Rebate" does not mean a bona fide service fee as
defined in Code of Federal Regulations, title 42, section 447.502.

deleted text begin (t) deleted text end new text begin (s) new text end "Reporting entity" means any manufacturer, pharmacy, pharmacy benefit manager,
wholesale drug distributor, or any other entity required to submit data under this section.

deleted text begin (u) deleted text end new text begin (t) new text end "Wholesale drug distributor" or "wholesaler" means an entity that deleted text begin :
deleted text end

deleted text begin (1) deleted text end is licensed to act as a wholesale drug distributor under section 151.47 deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (2) distributes prescription drugs, for which it is not the manufacturer, to persons or
entities, or both, other than a consumer or patient in the state.
deleted text end

Sec. 5.

Minnesota Statutes 2024, section 62J.84, subdivision 3, is amended to read:

Subd. 3.

Prescription drug price increases reporting.

(a) Beginning January 1, 2022,
a drug manufacturer must submit to the commissioner the information described in paragraph
(b) for each prescription drug for which the price was $100 or greater for a 30-day supply
or for a course of treatment lasting less than 30 days deleted text begin and:
deleted text end

deleted text begin (1) for brand name drugs deleted text end where there is an increase of ten percent or greater in the price
over the previous 12-month period or an increase of 16 percent or greater in the price over
the previous 24-month period deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (2) for generic or biosimilar drugs where there is an increase of 50 percent or greater in
the price over the previous 12-month period.
deleted text end

(b) For each of the drugs described in paragraph (a), the manufacturer shall submit to
the commissioner no later than 60 days after the price increase goes into effect, in the form
and manner prescribed by the commissioner, the following information, if applicable:

(1) the description and price of the drug and the net increase, expressed as a percentage,
with the following listed separately:

(i) the national drug code;

(ii) the product name;

(iii) the dosage form;

(iv) the strength; and

(v) the package size;

(2) the factors that contributed to the price increase;

(3) the name of any generic version of the prescription drug available on the market;

new text begin (4) the year the prescription drug was introduced for sale in the United States;
new text end

deleted text begin (4) deleted text end new text begin (5) new text end the introductory price of the prescription drug when it was introduced for sale in
the United States and the price of the drug on the last day of each of the five calendar years
preceding the price increase;

deleted text begin (5) deleted text end new text begin (6) new text end the direct costs incurred during the previous 12-month period by the manufacturer
that are associated with the prescription drug, listed separately:

(i) to manufacture the prescription drug;

(ii) to market the prescription drug, including advertising costs; and

(iii) to distribute the prescription drug;

new text begin (7) the number of units of the prescription drug sold during the previous 12-month period;
new text end

deleted text begin (6) deleted text end new text begin (8) new text end the total sales revenue for the prescription drug during the previous 12-month
period;

new text begin (9) the total rebate payable amount accrued for the prescription drug during the previous
12-month period;
new text end

deleted text begin (7) deleted text end new text begin (10) new text end the manufacturer's net profit attributable to the prescription drug during the
previous 12-month period;

deleted text begin (8) deleted text end new text begin (11) new text end the total amount of financial assistance the manufacturer has provided through
patient prescription assistance programs during the previous 12-month period, if applicable;

deleted text begin (9) deleted text end new text begin (12) new text end any agreement between a manufacturer and another entity contingent upon any
delay in offering to market a generic version of the prescription drug;

deleted text begin (10) deleted text end new text begin (13) new text end the patent expiration date of the prescription drug if it is under patent;

deleted text begin (11) deleted text end new text begin (14) new text end the name and location of the company that manufactured the drug;

deleted text begin (12) deleted text end new text begin (15) new text end if a brand name prescription drug, the highest price paid for the prescription
drug during the previous calendar year in the ten countries, excluding the United States,
that charged the highest single price for the prescription drug; and

deleted text begin (13) deleted text end new text begin (16) new text end if the prescription drug was acquired by the manufacturer during the previous
12-month period, all of the following information:

(i) price at acquisition;

(ii) price in the calendar year prior to acquisition;

(iii) name of the company from which the drug was acquired;

(iv) date of acquisition; and

(v) acquisition price.

(c) The manufacturer may submit any documentation necessary to support the information
reported under this subdivision.

Sec. 6.

Minnesota Statutes 2024, section 62J.84, subdivision 6, is amended to read:

Subd. 6.

Public posting of prescription drug price information.

(a) The commissioner
shall post on the department's website, or may contract with a private entity or consortium
that satisfies the standards of section 62U.04, subdivision 6, to meet this requirement, the
following information:

(1) a list of the prescription drugs reported under subdivisions 3, 4, and 11 to 14 and the
manufacturers of those prescription drugs; deleted text begin and
deleted text end

new text begin (2) a list of reporting entities that reported prescription drug price information under
subdivisions 3, 4, and 11 to 14; and
new text end

deleted text begin (2) deleted text end new text begin (3) new text end information reported to the commissioner under subdivisions 3, 4, and 11 to 14 new text begin ,
aggregated on a per-drug basis in a manner that does not allow the identification of a reporting
entity that is not the manufacturer of the drug new text end .

(b) The information must be published in an easy-to-read format and in a manner that
identifies the information that is disclosed on a per-drug basis and must not be aggregated
in a manner that prevents the identification of the prescription drug.

(c) The commissioner shall not post to the department's website or a private entity
contracting with the commissioner shall not post any information described in this section
if the information is not public data under section 13.02, subdivision 8a; or is trade secret
information under section 13.37, subdivision 1, paragraph (b); or is trade secret information
pursuant to the Defend Trade Secrets Act of 2016, United States Code, title 18, section
1836, as amended. If a reporting entity believes information should be withheld from public
disclosure pursuant to this paragraph, the reporting entity must clearly and specifically
identify that information and describe the legal basis in writing when the reporting entity
submits the information under this section. If the commissioner disagrees with the reporting
entity's request to withhold information from public disclosure, the commissioner shall
provide the reporting entity written notice that the information will be publicly posted 30
days after the date of the notice.

(d) If the commissioner withholds any information from public disclosure pursuant to
this subdivision, the commissioner shall post to the department's website a report describing
the nature of the information and the commissioner's basis for withholding the information
from disclosure.

(e) To the extent the information required to be posted under this subdivision is collected
and made available to the public by another state, by the University of Minnesota, or through
an online drug pricing reference and analytical tool, the commissioner may reference the
availability of this drug price data from another source including, within existing
appropriations, creating the ability of the public to access the data from the source for
purposes of meeting the reporting requirements of this subdivision.

Sec. 7.

Minnesota Statutes 2024, section 62J.84, subdivision 10, is amended to read:

Subd. 10.

Notice of prescription drugs of substantial public interest.

(a) No later than
January 31, 2024, and quarterly thereafter, the commissioner shall produce and post on the
department's website a list of prescription drugs that the commissioner determines to represent
a substantial public interest and for which the commissioner intends to request data under
subdivisions 11 to 14, subject to paragraph (c). The commissioner shall base its inclusion
of prescription drugs on any information the commissioner determines is relevant to providing
greater consumer awareness of the factors contributing to the cost of prescription drugs in
the state, and the commissioner shall consider drug product families that include prescription
drugs:

(1) that triggered reporting under subdivision 3 or 4 during the previous calendar quarter;

(2) for which average claims paid amounts exceeded 125 percent of the price as of the
claim incurred date during the most recent calendar quarter for which claims paid amounts
are available; or

(3) that are identified by members of the public during a public comment process.

(b) Not sooner than 30 days after publicly posting the list of prescription drugs under
paragraph (a), the department shall notify, via email, reporting entities registered with the
department of new text begin :
new text end

new text begin (1) new text end the requirement to report under subdivisions 11 to 14 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (2) the reporting period for which data must be provided.
new text end

(c) The commissioner must not designate more than 500 prescription drugs as having a
substantial public interest in any one notice.

(d) Notwithstanding subdivision 16, the commissioner is exempt from chapter 14,
including section 14.386, in implementing this subdivision.

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2024, section 62J.84, subdivision 11, is amended to read:

Subd. 11.

Manufacturer prescription drug substantial public interest reporting.

(a)
Beginning January 1, 2024, a manufacturer must submit to the commissioner the information
described in paragraph (b) for any prescription drug:

(1) included in a notification to report issued to the manufacturer by the department
under subdivision 10;

(2) which the manufacturer manufactures or repackages;

(3) for which the manufacturer sets the wholesale acquisition cost; and

(4) for which the manufacturer has not submitted data under subdivision 3 during the
120-day period prior to the date of the notification to report.

(b) For each of the drugs described in paragraph (a), the manufacturer shall submit to
the commissioner no later than 60 days after the date of the notification to report, in the
form and manner prescribed by the commissioner, the following information, if applicable:

(1) a description of the drug with the following listed separately:

(i) the national drug code;

(ii) the product name;

(iii) the dosage form;

(iv) the strength; and

(v) the package size;

(2) the price of the drug product on the later of:

(i) the day one year prior to the date of the notification to report;

(ii) the introduced to market date; or

(iii) the acquisition date;

(3) the price of the drug product on the date of the notification to report;

new text begin (4) the year the prescription drug was introduced for sale in the United States;
new text end

deleted text begin (4) deleted text end new text begin (5) new text end the introductory price of the prescription drug when it was introduced for sale in
the United States and the price of the drug on the last day of each of the five calendar years
preceding the date of the notification to report;

deleted text begin (5) deleted text end new text begin (6) new text end the direct costs incurred during the deleted text begin 12-month period prior to the date of deleted text end new text begin reporting
period specified in new text end the notification to report by the manufacturers that are associated with
the prescription drug, listed separately:

(i) to manufacture the prescription drug;

(ii) to market the prescription drug, including advertising costs; and

(iii) to distribute the prescription drug;

deleted text begin (6) deleted text end new text begin (7) new text end the number of units of the prescription drug sold during the deleted text begin 12-month period
prior to the date of deleted text end new text begin reporting period specified in new text end the notification to report;

deleted text begin (7) deleted text end new text begin (8) new text end the total sales revenue for the prescription drug during the deleted text begin 12-month period prior
to the date of deleted text end new text begin reporting period specified in new text end the notification to report;

deleted text begin (8) deleted text end new text begin (9) new text end the total rebate payable amount accrued for the prescription drug during the
deleted text begin 12-month period prior to the date of deleted text end new text begin reporting period specified in new text end the notification to report;

deleted text begin (9) deleted text end new text begin (10) new text end the manufacturer's net profit attributable to the prescription drug during the
deleted text begin 12-month period prior to the date of deleted text end new text begin reporting period specified in new text end the notification to report;

deleted text begin (10) deleted text end new text begin (11) new text end the total amount of financial assistance the manufacturer has provided through
patient prescription assistance programs during the deleted text begin 12-month period prior to the date of deleted text end new text begin
reporting period specified in new text end the notification to report, if applicable;

deleted text begin (11) deleted text end new text begin (12) new text end any agreement between a manufacturer and another entity contingent upon
any delay in offering to market a generic version of the prescription drug;

deleted text begin (12) deleted text end new text begin (13) new text end the patent expiration date of the prescription drug if the prescription drug is
under patent;

deleted text begin (13) deleted text end new text begin (14) new text end the name and location of the company that manufactured the drug;

deleted text begin (14) deleted text end new text begin (15) new text end if the prescription drug is a brand name prescription drug, the ten countries
other than the United States that paid the highest prices for the prescription drug during the
previous calendar year and their prices; and

deleted text begin (15) deleted text end new text begin (16) new text end if the prescription drug was acquired by the manufacturer within deleted text begin a 12-month
period prior to the date of deleted text end new text begin the reporting period specified in new text end the notification to report, all of
the following information:

(i) the price at acquisition;

(ii) the price in the calendar year prior to acquisition;

(iii) the name of the company from which the drug was acquired;

(iv) the date of acquisition; and

(v) the acquisition price.

(c) The manufacturer may submit any documentation necessary to support the information
reported under this subdivision.

Sec. 9.

Minnesota Statutes 2024, section 62J.84, subdivision 12, is amended to read:

Subd. 12.

Pharmacy prescription drug substantial public interest reporting.

(a)
Beginning January 1, 2024, a pharmacy must submit to the commissioner the information
described in paragraph (b) for any prescription drug new text begin :
new text end

new text begin (1) new text end included in a notification to report issued to the pharmacy by the department under
subdivision 10 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (2) that the pharmacy dispensed in Minnesota or mailed to a Minnesota address.
new text end

(b) For each of the drugs described in paragraph (a), the pharmacy shall submit to the
commissioner no later than 60 days after the date of the notification to report, in the form
and manner prescribed by the commissioner, the following information, if applicable:

(1) a description of the drug with the following listed separately:

(i) the national drug code;

(ii) the product name;

(iii) the dosage form;

(iv) the strength; and

(v) the package size;

(2) the number of units of the drug acquired during the deleted text begin 12-month period prior to the date
of deleted text end new text begin reporting period specified in new text end the notification to report;

(3) the total spent before rebates by the pharmacy to acquire the drug during the deleted text begin 12-month
period prior to the date of deleted text end new text begin reporting period specified in new text end the notification to report;

(4) the total rebate receivable amount accrued by the pharmacy for the drug during the
deleted text begin 12-month period prior to the date of deleted text end new text begin reporting period specified in new text end the notification to report;

(5) the number of pricing units of the drug dispensed by the pharmacy during the
deleted text begin 12-month period prior to the date of deleted text end new text begin reporting period specified in new text end the notification to report;

(6) the total payment receivable by the pharmacy for dispensing the drug including
ingredient cost, dispensing fee, and administrative fees during the deleted text begin 12-month period prior
to the date of deleted text end new text begin reporting period specified in new text end the notification to report;

(7) the total rebate payable amount accrued by the pharmacy for the drug during the
deleted text begin 12-month period prior to the date of deleted text end new text begin reporting period specified in new text end the notification to report;
and

(8) the average cash price paid by consumers per pricing unit for prescriptions dispensed
where no claim was submitted to a health care service plan or health insurer during the
deleted text begin 12-month period prior to the date of deleted text end new text begin reporting period specified in new text end the notification to report.

(c) The pharmacy may submit any documentation necessary to support the information
reported under this subdivision.

(d) The commissioner may grant extensions, exemptions, or both to compliance with
the requirements of paragraphs (a) and (b) by small or independent pharmacies, if compliance
with paragraphs (a) and (b) would represent a hardship or undue burden to the pharmacy.
The commissioner may establish procedures for small or independent pharmacies to request
extensions or exemptions under this paragraph.

Sec. 10.

Minnesota Statutes 2024, section 62J.84, subdivision 13, is amended to read:

Subd. 13.

PBM prescription drug substantial public interest reporting.

(a) Beginning
January 1, 2024, a PBM must submit to the commissioner the information described in
paragraph (b) for any prescription drug new text begin :
new text end

new text begin (1) new text end included in a notification to report issued to the PBM by the department under
subdivision 10 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (2) for which the PBM fulfilled pharmacy benefit management duties for Minnesota
residents.
new text end

(b) For each of the drugs described in paragraph (a), the PBM shall submit to the
commissioner no later than 60 days after the date of the notification to report, in the form
and manner prescribed by the commissioner, the following information, if applicable:

(1) a description of the drug with the following listed separately:

(i) the national drug code;

(ii) the product name;

(iii) the dosage form;

(iv) the strength; and

(v) the package size;

(2) the number of pricing units of the drug product filled deleted text begin for which the PBM administered
claims deleted text end during the deleted text begin 12-month period prior to the date of deleted text end new text begin reporting period specified in new text end the
notification to report;

(3) the total reimbursement amount accrued and payable to pharmacies for pricing units
of the drug product filled deleted text begin for which the PBM administered claims deleted text end during the deleted text begin 12-month
period prior to the date of deleted text end new text begin reporting period specified in new text end the notification to report;

(4) the total reimbursement deleted text begin or administrative fee deleted text end amount deleted text begin , or both, deleted text end accrued and receivable
from payers for pricing units of the drug product filled deleted text begin for which the PBM administered
claims deleted text end during the deleted text begin 12-month period prior to the date of deleted text end new text begin reporting period specified in new text end the
notification to report;

new text begin (5) the total administrative fee amount accrued and receivable from payers for pricing
units of the drug product filled during the reporting period specified in the notification to
report;
new text end

deleted text begin (5) deleted text end new text begin (6) new text end the total rebate receivable amount accrued by the PBM for the drug product
during the deleted text begin 12-month period prior to the date of deleted text end new text begin reporting period specified in new text end the notification
to report; and

deleted text begin (6) deleted text end new text begin (7) new text end the total rebate payable amount accrued by the PBM for the drug product during
the deleted text begin 12-month period prior to the date of deleted text end new text begin reporting period specified in new text end the notification to
report.

(c) The PBM may submit any documentation necessary to support the information
reported under this subdivision.

Sec. 11.

Minnesota Statutes 2024, section 62J.84, subdivision 14, is amended to read:

Subd. 14.

Wholesale drug distributor prescription drug substantial public interest
reporting.

(a) Beginning January 1, 2024, a wholesale drug distributor new text begin that distributes
prescription drugs, for which it is not the manufacturer, to persons or entities, or both, other
than a consumer or patient in the state, new text end must submit to the commissioner the information
described in paragraph (b) for any prescription drug new text begin :
new text end

new text begin (1) new text end included in a notification to report issued to the wholesale drug distributor by the
department under subdivision 10 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (2) that the wholesale drug distributor distributed within or into Minnesota.
new text end

(b) For each of the drugs described in paragraph (a), the wholesale drug distributor shall
submit to the commissioner no later than 60 days after the date of the notification to report,
in the form and manner prescribed by the commissioner, the following information, if
applicable:

(1) a description of the drug with the following listed separately:

(i) the national drug code;

(ii) the product name;

(iii) the dosage form;

(iv) the strength; and

(v) the package size;

(2) the number of units of the drug product acquired by the wholesale drug distributor
during the deleted text begin 12-month period prior to the date of deleted text end new text begin reporting period specified in new text end the notification
to report;

(3) the total spent before rebates by the wholesale drug distributor to acquire the drug
product during the deleted text begin 12-month period prior to the date of deleted text end new text begin reporting period specified in new text end the
notification to report;

(4) the total rebate receivable amount accrued by the wholesale drug distributor for the
drug product during the deleted text begin 12-month period prior to the date of deleted text end new text begin reporting period specified in new text end
the notification to report;

(5) the number of units of the drug product sold by the wholesale drug distributor during
the deleted text begin 12-month period prior to the date of deleted text end new text begin reporting period specified in new text end the notification to
report;

(6) gross revenue from sales in the United States generated by the wholesale drug
distributor for deleted text begin this deleted text end new text begin the new text end drug product during the deleted text begin 12-month period prior to the date of deleted text end new text begin reporting
period specified in new text end the notification to report; and

(7) total rebate payable amount accrued by the wholesale drug distributor for the drug
product during the deleted text begin 12-month period prior to the date of deleted text end new text begin reporting period specified in new text end the
notification to report.

(c) The wholesale drug distributor may submit any documentation necessary to support
the information reported under this subdivision.

Sec. 12.

Minnesota Statutes 2024, section 62J.84, subdivision 15, is amended to read:

Subd. 15.

Registration requirements.

deleted text begin Beginning deleted text end new text begin Effective new text end January 1, deleted text begin 2024 deleted text end new text begin 2026 new text end , a
reporting entity subject to this chapter shall register new text begin , or update existing registration
information, new text end with the department in a form and manner prescribed by the commissioner new text begin by
January 30 of each year new text end .