as introduced - 89th Legislature (2015 - 2016) Posted on 05/16/2016 01:33pm
A bill for an act
relating to human services; providing coverage for certain investigational drugs,
biological products, or devices under the early periodic screening, diagnosis, and
treatment program; amending Minnesota Statutes 2015 Supplement, section
256B.0625, subdivision 64.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2015 Supplement, section 256B.0625, subdivision 64,
is amended to read:
new text begin (a) new text end Medical
assistance deleted text begin and the early periodic screening, diagnosis, and treatment (EPSDT) program
dodeleted text end new text begin doesnew text end not cover costs incidental to, associated with, or resulting from the use of
investigational drugs, biological products, or devices as defined in section 151.375deleted text begin .deleted text end new text begin , except
for children under 21 years of age through the early periodic screening, diagnosis, and
treatment (EPSDT) program, if:
new text end
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(1) the investigational drug, biological product, or device is generally accepted by
the professional medical community as an effective and proven treatment for the condition
for which it is being used;
new text end
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(2) the investigational drug, biological product, or device is not novel, relatively
unknown, or rarely used for the condition it is being prescribed; and
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(3) the treating physician prescribing an investigational drug or biological product
has received an individual patient investigational new drug (IND) for treatment use from
the United States Food and Drug Administration.
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(b) When making a determination of whether coverage under the EPSDT program must be
provided for an investigational drug, biological product, or device, the commissioner must
give the opinion of the patient's treating physician significant weight.
new text end