HF 1159

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/02/2023 07:06pm

A bill for an act
relating to human services; modifying the membership of the Formulary Committee;
modifying the procedure for making changes to the preferred drug list; making
related changes; amending Minnesota Statutes 2022, section 256B.0625,
subdivisions 13c, 13g.

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

Section 1.

Minnesota Statutes 2022, section 256B.0625, subdivision 13c, is amended to
read:

Subd. 13c.

Formulary Committee.

The commissioner, after receiving recommendations
from professional medical associations and professional pharmacy associations, and consumer
groups shall designate a Formulary Committee to carry out duties as described in subdivisions
13 to 13g. The Formulary Committee shall be comprised of deleted text begin four deleted text end new text begin at least five new text end licensed
physicians actively engaged in the practice of medicine in Minnesota, one of whom deleted text begin must
be actively engaged in the treatment of persons with mental illness deleted text end new text begin is an actively practicing
psychiatrist, one of whom specializes in the diagnosis and treatment of rare diseases, one
of whom specializes in pediatrics, and one of whom actively treats persons with disabilities new text end ;
at least three licensed pharmacists actively engaged in the practice of pharmacy in Minnesota new text begin ,
one of whom practices outside the metropolitan counties listed in section 473.121, subdivision
4, one of whom practices in the metropolitan counties listed in section 473.121, subdivision
4, and one of whom is a practicing hospital pharmacist new text end ; deleted text begin and one deleted text end new text begin at least four new text end consumer
deleted text begin representative deleted text end new text begin representatives, all of whom must have a personal or professional connection
to medical assistance new text end ; new text begin and one representative designated by the Minnesota Rare Disease
Advisory Council established under section 256.4835; new text end the remainder to be made up of health
care professionals who are licensed in their field and have recognized knowledge in the
clinically appropriate prescribing, dispensing, and monitoring of covered outpatient drugs.
Members of the Formulary Committee shall not be employed by the Department of Human
Services, but the committee shall be staffed by an employee of the department who shall
serve as an ex officio, nonvoting member of the committee. The department's medical
director shall also serve as an ex officio, nonvoting member for the committee. Committee
members shall serve three-year terms and may be reappointed new text begin once new text end by the commissioner.
new text begin The committee members shall vote on a chair from among their membership. The chair
shall preside over all committee meetings. new text end The Formulary Committee shall meet at least
deleted text begin twice deleted text end new text begin six times new text end per year. The commissioner may require more frequent Formulary Committee
meetings as needed. An honorarium of $100 per meeting and reimbursement for mileage
shall be paid to each committee member in attendance. new text begin The Formulary Committee is subject
to the Open Meeting Law under chapter 13D. new text end The Formulary Committee expires June 30,
deleted text begin 2023 deleted text end new text begin 2027 new text end .

Sec. 2.

Minnesota Statutes 2022, 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. new text begin The terms of the contract must be publicly disclosed. new text end 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. new text begin 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 beginning January 1, 2024.
new text end

(b) The commissioner may add to, delete from, and otherwise modify the preferred drug
list, after consulting with the Formulary Committee deleted text begin and deleted text end new text begin , new text end appropriate medical specialists new text begin ,
appropriate patient advocacy groups, and the Minnesota Rare Disease Advisory Council, new text end
deleted text begin and deleted text end providing public notice and the opportunity for public comment new text begin , and complying with
the requirements of paragraph (f) new text end .

(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.

(d) For purposes of this subdivision, new text begin the following definitions apply:
new text end

new text begin (1) "appropriate medical specialist" means a medical professional who prescribes the
relevant class of drug as part of their subspecialty;
new text end

new text begin (2) "patient advocacy group" means a nonprofit organization as described in United
States Code, title 26, section 501(c)(3), that is exempt from income tax under section 501(a),
or a public entity that supports persons with the disease state treated by the therapeutic class
of the preferred drug list being updated; and
new text end

new text begin (3) new text end "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.

(e) The commissioner shall seek any federal waivers or approvals necessary to implement
this subdivision. new text begin The commissioner shall maintain a public list of applicable patient advocacy
groups.
new text end

(f) deleted text begin Notwithstanding paragraph (b), deleted 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, new text begin and shall disclose new text end any deleted text begin public deleted text end 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. new text begin Notwithstanding section 331A.05, a public notice of a Formulary
Committee meeting must be published at least 45 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.
new text end