1.1                          A bill for an act 
  1.2             relating to health; establishing a geographic access 
  1.3             standard for pharmacy services; amending Minnesota 
  1.4             Statutes 2002, section 62D.124, subdivisions 2, 3, by 
  1.5             adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 62D.124, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 1a.  [PHARMACY SERVICES.] In ensuring geographic 
  1.10  access to pharmacy services, a health maintenance organization 
  1.11  shall comply with the federal rules established by the secretary 
  1.12  of health and human services as required under the Medicare 
  1.13  Prescription Drug, Improvement, and Modernization Act of 2003, 
  1.14  Public Law 108-173, section 1860D-4(b)(1)(C)(ii), for convenient 
  1.15  access to in-network pharmacies. 
  1.16     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2004, 
  1.17  or 30 days after the secretary of health and human services 
  1.18  adopts rules on convenient access to in-network pharmacies, 
  1.19  whichever is later. 
  1.20     Sec. 2.  Minnesota Statutes 2002, section 62D.124, 
  1.21  subdivision 2, is amended to read: 
  1.22     Subd. 2.  [OTHER HEALTH SERVICES.] Within a health 
  1.23  maintenance organization's service area, the maximum travel 
  1.24  distance or time shall be the lesser of 60 miles or 60 minutes 
  1.25  to the nearest provider of specialty physician services, 
  2.1   ancillary services, specialized hospital services, and all other 
  2.2   health services not listed in subdivision 1 or 1a.  The health 
  2.3   maintenance organization must designate which method is used. 
  2.4      <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2004, 
  2.5   or 30 days after the secretary of health and human services 
  2.6   adopts rules on convenient access to in-network pharmacies, 
  2.7   whichever is later. 
  2.8      Sec. 3.  Minnesota Statutes 2002, section 62D.124, 
  2.9   subdivision 3, is amended to read: 
  2.10     Subd. 3.  [EXCEPTION.] The commissioner shall grant an 
  2.11  exception to the requirements of this section according to 
  2.12  Minnesota Rules, part 4685.1010, subpart 4, if the health 
  2.13  maintenance organization can demonstrate with specific data that 
  2.14  the requirement of subdivision 1, 1a, or 2 is not feasible in a 
  2.15  particular service area or part of a service area. 
  2.16     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2004, 
  2.17  or 30 days after the secretary of health and human services 
  2.18  adopts rules on convenient access to in-network pharmacies, 
  2.19  whichever is later.