as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2020 08:37am
A bill for an act
relating to health care; establishing a fiduciary duty between a pharmacy benefit
manager and a health carrier; amending Minnesota Statutes 2019 Supplement,
section 62W.04.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2019 Supplement, section 62W.04, is amended to read:
new text begin
(a) A pharmacy benefit manager has a fiduciary duty to a health carrier and must
discharge that duty in accordance with the provisions of state and federal law.
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deleted text begin (a)deleted text end new text begin (b)new text end A pharmacy benefit manager must exercise good faith and fair dealing in the
performance of its contractual duties. A provision in a contract between a pharmacy benefit
manager and a health carrier or a network pharmacy that attempts to waive or limit this
obligation is void.
deleted text begin (b)deleted text end new text begin (c)new text end A pharmacy benefit manager must notify a health carrier in writing of any activity,
policy, or practice of the pharmacy benefit manager that directly or indirectly presents a
conflict of interest with the duties imposed in this section.