HF 2207

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; clarifying that individuals may 
  1.3             participate in pharmaceutical manufacturer's rebate 
  1.4             programs; amending Minnesota Statutes 2002, section 
  1.5             62J.23, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 62J.23, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [INTERIM RESTRICTIONS.] From July 1, 1992, until 
  1.10  rules are adopted by the commissioner under this section, the 
  1.11  restrictions in the federal Medicare antikickback statutes in 
  1.12  section 1128B(b) of the Social Security Act, United States Code, 
  1.13  title 42, section 1320a-7b(b), and rules adopted under the 
  1.14  federal statutes, apply to all persons in the state, regardless 
  1.15  of whether the person participates in any state health care 
  1.16  program.  The commissioner shall approve a transition plan 
  1.17  submitted to the commissioner by January 1, 1993, by a person 
  1.18  who is in violation of this section that provides a reasonable 
  1.19  time for the person to modify prohibited practices or divest 
  1.20  financial interests in other persons in order to come into 
  1.21  compliance with this section.  Transition plans that identify 
  1.22  individuals are private data.  Transition plans that do not 
  1.23  identify individuals are nonpublic data Nothing in this 
  1.24  subdivision shall be construed to prohibit an individual from 
  1.25  participating in a rebate program offered by a pharmaceutical 
  2.1   manufacturer. 
  2.2      Sec. 2.  [EFFECTIVE DATE.] 
  2.3      Section 1 is effective the day following final enactment.