SF 2275

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

A bill for an act
relating to human services; covering a certain class
of drugs for treatment of specific diagnoses; amending
Minnesota Statutes 2004, section 256B.0625,
subdivision 13d.

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

Section 1.

Minnesota Statutes 2004, section 256B.0625,
subdivision 13d, is amended to read:

Subd. 13d.

Drug formulary.

The commissioner shall
establish a drug formulary. Its establishment and publication
shall not be subject to the requirements of the Administrative
Procedure Act, but the Formulary Committee shall review and
comment on the formulary contents.

The formulary shall not include:

(1) drugs or products for which there is no federal
funding;

(2) over-the-counter drugs, except as provided in
subdivision 13;

(3) drugs used for weight loss, except that medically
necessary lipase inhibitors may be covered for a recipient with
type II diabetes new text begin and drugs to treat obesity may be covered when
the treatment is integral and necessary to the course of
treatment of hypothyroidism, Cushing's disease, hypothalamic
lesions, cardiac disease, respiratory disease, diabetes, or
hypertension new text end ;

(4) drugs for which medical value has not been established;
and

(5) drugs from manufacturers who have not signed a rebate
agreement with the Department of Health and Human Services
pursuant to section 1927 of title XIX of the Social Security Act.