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HF 149

2nd Engrossment - 91st Legislature (2019 - 2020) Posted on 07/08/2019 04:27pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to health care; prohibiting a health plan company from contractually
preventing a pharmacist from informing a patient of a price differential; amending
Minnesota Statutes 2018, section 151.214.

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

Section 1.

Minnesota Statutes 2018, section 151.214, is amended to read:


151.214 PAYMENT DISCLOSURE.

Subdivision 1.

Explanation of pharmacy benefits.

A pharmacist licensed under this
chapter must provide to a patient, for each prescription dispensed where part or all of the
cost of the prescription is being paid or reimbursed by an employer-sponsored plan or health
plan company, or its contracted pharmacy benefit manager, the patient's co-payment amount
deleted text begin anddeleted text end new text begin ,new text end the pharmacy's own usual and customary price of the prescription deleted text begin ordeleted text end new text begin , andnew text end the amount
deleted text begin the pharmacy will be paid for the prescription drugdeleted text end new text begin the initial adjudicated claim states the
pharmacy will be paid new text end by the patient's employer-sponsored plan or health plan company,
or its contracted pharmacy benefit manager. new text begin During the initial adjudication of the claim,
the patient's employer-sponsored plan or health plan company, or its contracted pharmacy
benefit manager, must provide the pharmacy with the data the pharmacy needs to comply
with this section.
new text end

Subd. 2.

No prohibition on disclosure.

No contracting agreement between an
employer-sponsored health plan or health plan company, or its contracted pharmacy benefit
manager, and a resident or nonresident pharmacy deleted text begin registereddeleted text end new text begin licensednew text end under this chapter,
may prohibit deleted text begin thedeleted text end new text begin :
new text end

new text begin (1) a new text end pharmacy from disclosing to patients information a pharmacy is required deleted text begin or given
the optiondeleted text end to provide under subdivision 1deleted text begin .deleted text end new text begin ; or
new text end

new text begin (2) a pharmacist from informing a patient when the amount the patient is required to
pay under the patient's health plan for a particular drug is greater than the amount the patient
would be required to pay for the same drug if purchased out-of-pocket at the pharmacy's
usual and customary price.
 new text end