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HF 2117

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human services; establishing participation
in the I-Save Rx prescription drug program; proposing
coding for new law in Minnesota Statutes, chapter 256.

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

Section 1.

new text begin [256.9551] I-SAVE RX PRESCRIPTION DRUG
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin Minnesota through the
commissioner of human services shall enter into an agreement to
participate in the Illinois prescription drug reimportation
program (I-Save Rx) to enable Minnesota residents to obtain safe
and affordable prescription drugs from Canada, Ireland, and the
United Kingdom.
new text end

new text begin Subd. 2. new text end

new text begin Authority to enter into agreement;
compliance.
new text end

new text begin The commissioner of human services is authorized
and directed to enter into an agreement with one or more states
to participate in the I-Save Rx prescription drug program. In
furtherance of the agreement, the commissioner is authorized to
act jointly with other states that are members of the agreement
to establish an agreed upon set of standards of practice to
ensure the safety of participants. Illinois shall act as the
primary administrator of the pharmacy benefits manager
agreement. Any modification of the standards of practice must
have the full and unanimous consent of the joint work group as
defined in subdivision 6. Additionally, the joint work group
shall review the standards of practice periodically for the
purpose of considering modifications or amendments.
new text end

new text begin Subd. 3. new text end

new text begin Agreement. new text end

new text begin The commissioner of human services
shall not enter into an agreement to participate in the I-Save
Rx program unless the agreement contains the following
provisions:
new text end

new text begin (1) has specific standards for quality control and safety;
new text end

new text begin (2) specifies that inspections of participating pharmacies
may be conducted by the commissioner or the commissioners
designee;
new text end

new text begin (3) specifies that citizens with Minnesota zip code
addresses shall be provided access to the I-Save Rx program and
shall be considered program participants;
new text end

new text begin (4) requires that the pharmacy benefits manager immediately
suspend a pharmacy from the list of network pharmacies upon
receiving a written notice of violation of the standards of
practice from the commissioner;
new text end

new text begin (5) requires written notice to the commissioner of human
services when other states are added to the I-Save Rx program as
participating states; and
new text end

new text begin (6) provides that Minnesota may terminate the agreement
with or without cause after giving written notice to the other
participating states.
new text end

new text begin Subd. 4. new text end

new text begin Program benefits. new text end

new text begin (a) Minnesota residents must
be able to refill prescriptions for the most common brand name
prescription drugs used to treat chronic illnesses from a
network of inspected and approved pharmacies in Canada, Ireland,
and the United Kingdom. The mail order pharmacy program must be
accessible through a Web site and a 24-hour toll-free telephone
number. Program participants may order refills of three months
supply over the phone.
new text end

new text begin (b) The program must include provisions to ensure the
safety and quality of the prescriptions by requiring the
inspection and approval of the pharmacies who participate.
new text end

new text begin Subd. 5. new text end

new text begin Program operation. new text end

new text begin For operation of the
program, the provisions in paragraphs (a) and (b) apply.
new text end

new text begin (a) new text end [WEB SITE.] new text begin The commissioner of human services shall
maintain a separate Web site that provides a link to
www.ISaveRx.net. Citizens with Minnesota zip code addresses
shall be provided access to the services through the I-Save Rx
program, and Minnesota residents shall be considered program
participants. The operation and administration of the Web site
accessed via the I-Save Rx site shall be the responsibility of
the pharmacy benefits manager.
new text end

new text begin (b) new text end [DRUG SUPPLY/CAPACITY.] new text begin The commissioner of human
services shall work with other participating states to ensure an
adequate supply of prescription drugs from the program
countries. In the event that demand exceeds the supplies
available, the agreement may provide Illinois residents shall
have first priority over all other participating states.
"Participating states" means Illinois and any other states that
have an agreement with Illinois to participate in the I-Save Rx
program.
new text end

new text begin Subd. 6. new text end

new text begin Joint work group. new text end

new text begin To ensure adequate input from
Minnesota regarding the safe and effective administration of the
I-Save Rx program, Minnesota shall take part in the joint work
group that is composed of two representatives from each
participating state. The joint work group shall meet or confer
on an as needed basis. The Minnesota representatives shall be
the commissioner of human services and the executive director of
the Board of Pharmacy or their designees.
new text end

new text begin Subd. 7. new text end

new text begin Monitoring. new text end

new text begin Any reports issued by the pharmacy
benefits manager or local regulatory authorities regarding the
network pharmacies' compliance or noncompliance with the
standards of practice shall be provided to the commissioner of
human services. The joint work group shall determine the
specific types of data that should be included in any reports
issued by the pharmacy benefits manager and the periodic basis
on which the reports will be issued.
new text end

new text begin Subd. 8. new text end

new text begin Violation. new text end

new text begin In the event that the standards of
practice are violated by one of the network pharmacies, the
commissioner of human services shall provide written notice to
the primary administrator and the pharmacy benefits manager of
any violation. Upon receiving the written notice from the
commissioner of human services, the pharmacy shall be
immediately suspended from the list of network pharmacies
eligible to fill prescriptions for program participants, pending
further review by the program benefits manager and the
participating states, which may result in either reinstatement
or exclusion from participation in the program.
new text end

new text begin Subd. 9. new text end

new text begin Inspections. new text end

new text begin The commissioner of human services
may also participate in inspections of pharmacies along with
other states. To the extent that additional pharmacies are
added to the list of network pharmacies, the commissioner of
human services may independently inspect those pharmacies. The
commissioner shall provide in writing to the primary
administrator any plans or intentions to inspect a pharmacy
independently 14 days prior to an inspection, unless the
inspection is an investigation of a complaint.
new text end

new text begin Subd. 10. new text end

new text begin Drug list. new text end

new text begin Under Illinois' pharmacy benefits
management agreement, only those prescription drugs approved by
Illinois may be filled by the network pharmacies for the I-Save
Rx program participants. The joint work group shall review the
approved drug list periodically and consider any proposed
changes. The approved drug list may not be modified without the
consent of the joint work group.
new text end

new text begin Subd. 11. new text end

new text begin Marketing, media relations, and outreach. new text end

new text begin The
commissioner of human services shall coordinate, where mutually
beneficial, media, and outreach efforts with participating
states. Additionally, the commissioner shall promote the
participation of Minnesota residents in the I-Save Rx program.
Minnesota may use the name, logo, Web site, and marketing
materials that have been developed by Illinois; however, the
Minnesota state seal and the governor's name may be added to the
materials. Minnesota understands that the pharmacy benefits
manager shall pay I-Save Rx acquisition fees to the program to
be used for activities as marketing, outreach, and additional
inspections. Minnesota shall be entitled to the pool of
acquisition fees in an amount proportional to the percentage of
I-Save Rx prescription drug sales attributable to Minnesota zip
codes.
new text end

new text begin Subd. 12. new text end

new text begin Cancellation. new text end

new text begin Minnesota or Illinois may
withdraw from this agreement and terminate this cooperative
relationship at any time, with or without cause, upon written
notice to the other states. Withdrawal by Minnesota may be
accomplished by act of the legislature amending or repealing
this section, or by the governor, with the approval of the
senate and house committees with jurisdiction over this matter.
new text end

new text begin Subd. 13. new text end

new text begin Liability. new text end

new text begin Neither Minnesota nor its agencies,
employees, agents, or representatives taking any action as a
result of this agreement shall have any liability for the acts
or omissions of participating states or its agencies, employees,
agents, or representatives in carrying out the activities
governed by this agreement. No participating state or its
agencies, employees, agents, or representatives taking any
action as a result of this agreement shall have any liability
for the acts or omissions of Minnesota or its agencies,
employees, agents, or representatives in carrying out the
activities governed by this agreement.
new text end

new text begin Subd. 14.new text end

new text begin State immunity.new text end

new text begin Minnesota shall not be liable
for any injury or damage caused to a person from products
obtained through the I-Save Rx program.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

new text begin [256.9552] IMPLEMENTATION OF I-SAVE RX; PUBLICITY
AND OUTREACH.
new text end

new text begin (a) The commissioner of human services shall be responsible
for implementing the I-Save Rx program.
new text end

new text begin (b) Within 21 days of passage of section 256.9551 and this
section, the commissioner of human services shall convene a
working group to develop outreach and promotion tools related to
the I-Save Rx program.
new text end

new text begin (c) Members of the working group shall include the
commissioners of human services and health, the ombudsman for
older Minnesotans, or their respective designees; and at least
one representative from each of the following organizations:
area agencies on aging, community action agencies, the Minnesota
State Council on Disability, the Minnesota medical society,
Minnesota Board of Pharmacy, and AARP Minnesota; as well as
interested consumers, advocates, and providers appointed by the
commissioner of human services.
new text end

new text begin EFFECTIVE DATE. new text end

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