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SF 765

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to human services; prescription drug rebate 
  1.3             program; appropriating money; amending Minnesota 
  1.4             Statutes 2000, section 256.01, subdivision 2; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 256. 
  1.8      Section 1.  Minnesota Statutes 2000, section 256.01, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [SPECIFIC POWERS.] Subject to the provisions of 
  1.11  section 241.021, subdivision 2, the commissioner of human 
  1.12  services shall: 
  1.13     (1) Administer and supervise all forms of public assistance 
  1.14  provided for by state law and other welfare activities or 
  1.15  services as are vested in the commissioner.  Administration and 
  1.16  supervision of human services activities or services includes, 
  1.17  but is not limited to, assuring timely and accurate distribution 
  1.18  of benefits, completeness of service, and quality program 
  1.19  management.  In addition to administering and supervising human 
  1.20  services activities vested by law in the department, the 
  1.21  commissioner shall have the authority to: 
  1.22     (a) require county agency participation in training and 
  1.23  technical assistance programs to promote compliance with 
  1.24  statutes, rules, federal laws, regulations, and policies 
  1.25  governing human services; 
  1.26     (b) monitor, on an ongoing basis, the performance of county 
  2.1   agencies in the operation and administration of human services, 
  2.2   enforce compliance with statutes, rules, federal laws, 
  2.3   regulations, and policies governing welfare services and promote 
  2.4   excellence of administration and program operation; 
  2.5      (c) develop a quality control program or other monitoring 
  2.6   program to review county performance and accuracy of benefit 
  2.7   determinations; 
  2.8      (d) require county agencies to make an adjustment to the 
  2.9   public assistance benefits issued to any individual consistent 
  2.10  with federal law and regulation and state law and rule and to 
  2.11  issue or recover benefits as appropriate; 
  2.12     (e) delay or deny payment of all or part of the state and 
  2.13  federal share of benefits and administrative reimbursement 
  2.14  according to the procedures set forth in section 256.017; 
  2.15     (f) make contracts with and grants to public and private 
  2.16  agencies and organizations, both profit and nonprofit, and 
  2.17  individuals, using appropriated funds; and 
  2.18     (g) enter into contractual agreements with federally 
  2.19  recognized Indian tribes with a reservation in Minnesota to the 
  2.20  extent necessary for the tribe to operate a federally approved 
  2.21  family assistance program or any other program under the 
  2.22  supervision of the commissioner.  The commissioner shall consult 
  2.23  with the affected county or counties in the contractual 
  2.24  agreement negotiations, if the county or counties wish to be 
  2.25  included, in order to avoid the duplication of county and tribal 
  2.26  assistance program services.  The commissioner may establish 
  2.27  necessary accounts for the purposes of receiving and disbursing 
  2.28  funds as necessary for the operation of the programs. 
  2.29     (2) Inform county agencies, on a timely basis, of changes 
  2.30  in statute, rule, federal law, regulation, and policy necessary 
  2.31  to county agency administration of the programs. 
  2.32     (3) Administer and supervise all child welfare activities; 
  2.33  promote the enforcement of laws protecting handicapped, 
  2.34  dependent, neglected and delinquent children, and children born 
  2.35  to mothers who were not married to the children's fathers at the 
  2.36  times of the conception nor at the births of the children; 
  3.1   license and supervise child-caring and child-placing agencies 
  3.2   and institutions; supervise the care of children in boarding and 
  3.3   foster homes or in private institutions; and generally perform 
  3.4   all functions relating to the field of child welfare now vested 
  3.5   in the state board of control. 
  3.6      (4) Administer and supervise all noninstitutional service 
  3.7   to handicapped persons, including those who are visually 
  3.8   impaired, hearing impaired, or physically impaired or otherwise 
  3.9   handicapped.  The commissioner may provide and contract for the 
  3.10  care and treatment of qualified indigent children in facilities 
  3.11  other than those located and available at state hospitals when 
  3.12  it is not feasible to provide the service in state hospitals. 
  3.13     (5) Assist and actively cooperate with other departments, 
  3.14  agencies and institutions, local, state, and federal, by 
  3.15  performing services in conformity with the purposes of Laws 
  3.16  1939, chapter 431. 
  3.17     (6) Act as the agent of and cooperate with the federal 
  3.18  government in matters of mutual concern relative to and in 
  3.19  conformity with the provisions of Laws 1939, chapter 431, 
  3.20  including the administration of any federal funds granted to the 
  3.21  state to aid in the performance of any functions of the 
  3.22  commissioner as specified in Laws 1939, chapter 431, and 
  3.23  including the promulgation of rules making uniformly available 
  3.24  medical care benefits to all recipients of public assistance, at 
  3.25  such times as the federal government increases its participation 
  3.26  in assistance expenditures for medical care to recipients of 
  3.27  public assistance, the cost thereof to be borne in the same 
  3.28  proportion as are grants of aid to said recipients. 
  3.29     (7) Establish and maintain any administrative units 
  3.30  reasonably necessary for the performance of administrative 
  3.31  functions common to all divisions of the department. 
  3.32     (8) Act as designated guardian of both the estate and the 
  3.33  person of all the wards of the state of Minnesota, whether by 
  3.34  operation of law or by an order of court, without any further 
  3.35  act or proceeding whatever, except as to persons committed as 
  3.36  mentally retarded.  For children under the guardianship of the 
  4.1   commissioner whose interests would be best served by adoptive 
  4.2   placement, the commissioner may contract with a licensed 
  4.3   child-placing agency to provide adoption services.  A contract 
  4.4   with a licensed child-placing agency must be designed to 
  4.5   supplement existing county efforts and may not replace existing 
  4.6   county programs, unless the replacement is agreed to by the 
  4.7   county board and the appropriate exclusive bargaining 
  4.8   representative or the commissioner has evidence that child 
  4.9   placements of the county continue to be substantially below that 
  4.10  of other counties.  Funds encumbered and obligated under an 
  4.11  agreement for a specific child shall remain available until the 
  4.12  terms of the agreement are fulfilled or the agreement is 
  4.13  terminated. 
  4.14     (9) Act as coordinating referral and informational center 
  4.15  on requests for service for newly arrived immigrants coming to 
  4.16  Minnesota. 
  4.17     (10) The specific enumeration of powers and duties as 
  4.18  hereinabove set forth shall in no way be construed to be a 
  4.19  limitation upon the general transfer of powers herein contained. 
  4.20     (11) Establish county, regional, or statewide schedules of 
  4.21  maximum fees and charges which may be paid by county agencies 
  4.22  for medical, dental, surgical, hospital, nursing and nursing 
  4.23  home care and medicine and medical supplies under all programs 
  4.24  of medical care provided by the state and for congregate living 
  4.25  care under the income maintenance programs. 
  4.26     (12) Have the authority to conduct and administer 
  4.27  experimental projects to test methods and procedures of 
  4.28  administering assistance and services to recipients or potential 
  4.29  recipients of public welfare.  To carry out such experimental 
  4.30  projects, it is further provided that the commissioner of human 
  4.31  services is authorized to waive the enforcement of existing 
  4.32  specific statutory program requirements, rules, and standards in 
  4.33  one or more counties.  The order establishing the waiver shall 
  4.34  provide alternative methods and procedures of administration, 
  4.35  shall not be in conflict with the basic purposes, coverage, or 
  4.36  benefits provided by law, and in no event shall the duration of 
  5.1   a project exceed four years.  It is further provided that no 
  5.2   order establishing an experimental project as authorized by the 
  5.3   provisions of this section shall become effective until the 
  5.4   following conditions have been met: 
  5.5      (a) The secretary of health and human services of the 
  5.6   United States has agreed, for the same project, to waive state 
  5.7   plan requirements relative to statewide uniformity. 
  5.8      (b) A comprehensive plan, including estimated project 
  5.9   costs, shall be approved by the legislative advisory commission 
  5.10  and filed with the commissioner of administration.  
  5.11     (13) According to federal requirements, establish 
  5.12  procedures to be followed by local welfare boards in creating 
  5.13  citizen advisory committees, including procedures for selection 
  5.14  of committee members. 
  5.15     (14) Allocate federal fiscal disallowances or sanctions 
  5.16  which are based on quality control error rates for the aid to 
  5.17  families with dependent children program formerly codified in 
  5.18  sections 256.72 to 256.87, medical assistance, or food stamp 
  5.19  program in the following manner:  
  5.20     (a) One-half of the total amount of the disallowance shall 
  5.21  be borne by the county boards responsible for administering the 
  5.22  programs.  For the medical assistance and the AFDC program 
  5.23  formerly codified in sections 256.72 to 256.87, disallowances 
  5.24  shall be shared by each county board in the same proportion as 
  5.25  that county's expenditures for the sanctioned program are to the 
  5.26  total of all counties' expenditures for the AFDC program 
  5.27  formerly codified in sections 256.72 to 256.87, and medical 
  5.28  assistance programs.  For the food stamp program, sanctions 
  5.29  shall be shared by each county board, with 50 percent of the 
  5.30  sanction being distributed to each county in the same proportion 
  5.31  as that county's administrative costs for food stamps are to the 
  5.32  total of all food stamp administrative costs for all counties, 
  5.33  and 50 percent of the sanctions being distributed to each county 
  5.34  in the same proportion as that county's value of food stamp 
  5.35  benefits issued are to the total of all benefits issued for all 
  5.36  counties.  Each county shall pay its share of the disallowance 
  6.1   to the state of Minnesota.  When a county fails to pay the 
  6.2   amount due hereunder, the commissioner may deduct the amount 
  6.3   from reimbursement otherwise due the county, or the attorney 
  6.4   general, upon the request of the commissioner, may institute 
  6.5   civil action to recover the amount due. 
  6.6      (b) Notwithstanding the provisions of paragraph (a), if the 
  6.7   disallowance results from knowing noncompliance by one or more 
  6.8   counties with a specific program instruction, and that knowing 
  6.9   noncompliance is a matter of official county board record, the 
  6.10  commissioner may require payment or recover from the county or 
  6.11  counties, in the manner prescribed in paragraph (a), an amount 
  6.12  equal to the portion of the total disallowance which resulted 
  6.13  from the noncompliance, and may distribute the balance of the 
  6.14  disallowance according to paragraph (a).  
  6.15     (15) Develop and implement special projects that maximize 
  6.16  reimbursements and result in the recovery of money to the 
  6.17  state.  For the purpose of recovering state money, the 
  6.18  commissioner may enter into contracts with third parties.  Any 
  6.19  recoveries that result from projects or contracts entered into 
  6.20  under this paragraph shall be deposited in the state treasury 
  6.21  and credited to a special account until the balance in the 
  6.22  account reaches $1,000,000.  When the balance in the account 
  6.23  exceeds $1,000,000, the excess shall be transferred and credited 
  6.24  to the general fund.  All money in the account is appropriated 
  6.25  to the commissioner for the purposes of this paragraph. 
  6.26     (16) Have the authority to make direct payments to 
  6.27  facilities providing shelter to women and their children 
  6.28  according to section 256D.05, subdivision 3.  Upon the written 
  6.29  request of a shelter facility that has been denied payments 
  6.30  under section 256D.05, subdivision 3, the commissioner shall 
  6.31  review all relevant evidence and make a determination within 30 
  6.32  days of the request for review regarding issuance of direct 
  6.33  payments to the shelter facility.  Failure to act within 30 days 
  6.34  shall be considered a determination not to issue direct payments.
  6.35     (17) Have the authority to establish and enforce the 
  6.36  following county reporting requirements:  
  7.1      (a) The commissioner shall establish fiscal and statistical 
  7.2   reporting requirements necessary to account for the expenditure 
  7.3   of funds allocated to counties for human services programs.  
  7.4   When establishing financial and statistical reporting 
  7.5   requirements, the commissioner shall evaluate all reports, in 
  7.6   consultation with the counties, to determine if the reports can 
  7.7   be simplified or the number of reports can be reduced. 
  7.8      (b) The county board shall submit monthly or quarterly 
  7.9   reports to the department as required by the commissioner.  
  7.10  Monthly reports are due no later than 15 working days after the 
  7.11  end of the month.  Quarterly reports are due no later than 30 
  7.12  calendar days after the end of the quarter, unless the 
  7.13  commissioner determines that the deadline must be shortened to 
  7.14  20 calendar days to avoid jeopardizing compliance with federal 
  7.15  deadlines or risking a loss of federal funding.  Only reports 
  7.16  that are complete, legible, and in the required format shall be 
  7.17  accepted by the commissioner.  
  7.18     (c) If the required reports are not received by the 
  7.19  deadlines established in clause (b), the commissioner may delay 
  7.20  payments and withhold funds from the county board until the next 
  7.21  reporting period.  When the report is needed to account for the 
  7.22  use of federal funds and the late report results in a reduction 
  7.23  in federal funding, the commissioner shall withhold from the 
  7.24  county boards with late reports an amount equal to the reduction 
  7.25  in federal funding until full federal funding is received.  
  7.26     (d) A county board that submits reports that are late, 
  7.27  illegible, incomplete, or not in the required format for two out 
  7.28  of three consecutive reporting periods is considered 
  7.29  noncompliant.  When a county board is found to be noncompliant, 
  7.30  the commissioner shall notify the county board of the reason the 
  7.31  county board is considered noncompliant and request that the 
  7.32  county board develop a corrective action plan stating how the 
  7.33  county board plans to correct the problem.  The corrective 
  7.34  action plan must be submitted to the commissioner within 45 days 
  7.35  after the date the county board received notice of noncompliance.
  7.36     (e) The final deadline for fiscal reports or amendments to 
  8.1   fiscal reports is one year after the date the report was 
  8.2   originally due.  If the commissioner does not receive a report 
  8.3   by the final deadline, the county board forfeits the funding 
  8.4   associated with the report for that reporting period and the 
  8.5   county board must repay any funds associated with the report 
  8.6   received for that reporting period. 
  8.7      (f) The commissioner may not delay payments, withhold 
  8.8   funds, or require repayment under paragraph (c) or (e) if the 
  8.9   county demonstrates that the commissioner failed to provide 
  8.10  appropriate forms, guidelines, and technical assistance to 
  8.11  enable the county to comply with the requirements.  If the 
  8.12  county board disagrees with an action taken by the commissioner 
  8.13  under paragraph (c) or (e), the county board may appeal the 
  8.14  action according to sections 14.57 to 14.69. 
  8.15     (g) Counties subject to withholding of funds under 
  8.16  paragraph (c) or forfeiture or repayment of funds under 
  8.17  paragraph (e) shall not reduce or withhold benefits or services 
  8.18  to clients to cover costs incurred due to actions taken by the 
  8.19  commissioner under paragraph (c) or (e). 
  8.20     (18) Allocate federal fiscal disallowances or sanctions for 
  8.21  audit exceptions when federal fiscal disallowances or sanctions 
  8.22  are based on a statewide random sample for the foster care 
  8.23  program under title IV-E of the Social Security Act, United 
  8.24  States Code, title 42, in direct proportion to each county's 
  8.25  title IV-E foster care maintenance claim for that period. 
  8.26     (19) Be responsible for ensuring the detection, prevention, 
  8.27  investigation, and resolution of fraudulent activities or 
  8.28  behavior by applicants, recipients, and other participants in 
  8.29  the human services programs administered by the department. 
  8.30     (20) Require county agencies to identify overpayments, 
  8.31  establish claims, and utilize all available and cost-beneficial 
  8.32  methodologies to collect and recover these overpayments in the 
  8.33  human services programs administered by the department. 
  8.34     (21) Have the authority to administer a drug rebate program 
  8.35  for drugs purchased pursuant to the prescription drug program 
  8.36  established under section 256.955 after the beneficiary's 
  9.1   satisfaction of any deductible established in the program.  The 
  9.2   commissioner shall require a rebate agreement from all 
  9.3   manufacturers of covered drugs as defined in section 256B.0625, 
  9.4   subdivision 13.  Rebate agreements for prescription drugs 
  9.5   delivered on or after July 1, 2002, must include rebates for 
  9.6   individuals covered under the prescription drug program who are 
  9.7   under 65 years of age.  For each drug, the amount of the rebate 
  9.8   shall be equal to the basic rebate as defined for purposes of 
  9.9   the federal rebate program in United States Code, title 42, 
  9.10  section 1396r-8(c)(1).  This basic rebate shall be applied to 
  9.11  single-source and multiple-source drugs.  The manufacturers must 
  9.12  provide full payment within 30 days of receipt of the state 
  9.13  invoice for the rebate within the terms and conditions used for 
  9.14  the federal rebate program established pursuant to section 1927 
  9.15  of title XIX of the Social Security Act.  The manufacturers must 
  9.16  provide the commissioner with any information necessary to 
  9.17  verify the rebate determined per drug.  The rebate program shall 
  9.18  utilize the terms and conditions used for the federal rebate 
  9.19  program established pursuant to section 1927 of title XIX of the 
  9.20  Social Security Act. 
  9.21     (22) Operate the department's communication systems account 
  9.22  established in Laws 1993, First Special Session chapter 1, 
  9.23  article 1, section 2, subdivision 2, to manage shared 
  9.24  communication costs necessary for the operation of the programs 
  9.25  the commissioner supervises.  A communications account may also 
  9.26  be established for each regional treatment center which operates 
  9.27  communications systems.  Each account must be used to manage 
  9.28  shared communication costs necessary for the operations of the 
  9.29  programs the commissioner supervises.  The commissioner may 
  9.30  distribute the costs of operating and maintaining communication 
  9.31  systems to participants in a manner that reflects actual usage. 
  9.32  Costs may include acquisition, licensing, insurance, 
  9.33  maintenance, repair, staff time and other costs as determined by 
  9.34  the commissioner.  Nonprofit organizations and state, county, 
  9.35  and local government agencies involved in the operation of 
  9.36  programs the commissioner supervises may participate in the use 
 10.1   of the department's communications technology and share in the 
 10.2   cost of operation.  The commissioner may accept on behalf of the 
 10.3   state any gift, bequest, devise or personal property of any 
 10.4   kind, or money tendered to the state for any lawful purpose 
 10.5   pertaining to the communication activities of the department.  
 10.6   Any money received for this purpose must be deposited in the 
 10.7   department's communication systems accounts.  Money collected by 
 10.8   the commissioner for the use of communication systems must be 
 10.9   deposited in the state communication systems account and is 
 10.10  appropriated to the commissioner for purposes of this section. 
 10.11     (23) Receive any federal matching money that is made 
 10.12  available through the medical assistance program for the 
 10.13  consumer satisfaction survey.  Any federal money received for 
 10.14  the survey is appropriated to the commissioner for this 
 10.15  purpose.  The commissioner may expend the federal money received 
 10.16  for the consumer satisfaction survey in either year of the 
 10.17  biennium. 
 10.18     (24) Incorporate cost reimbursement claims from First Call 
 10.19  Minnesota into the federal cost reimbursement claiming processes 
 10.20  of the department according to federal law, rule, and 
 10.21  regulations.  Any reimbursement received is appropriated to the 
 10.22  commissioner and shall be disbursed to First Call Minnesota 
 10.23  according to normal department payment schedules. 
 10.24     (25) Develop recommended standards for foster care homes 
 10.25  that address the components of specialized therapeutic services 
 10.26  to be provided by foster care homes with those services. 
 10.27     (26) Have the authority to administer a drug rebate program 
 10.28  for drugs purchased according to the fair drug pricing program 
 10.29  established under section 256.954.  The commissioner shall 
 10.30  require a rebate agreement from all manufacturers of covered 
 10.31  drugs as defined in section 256B.0625, subdivision 13.  For each 
 10.32  drug, the amount of the rebate shall be equal to the basic 
 10.33  rebate as defined for purposes of the federal rebate program in 
 10.34  United States Code, title 42, section 1396r-8.  The rebate 
 10.35  program shall utilize the terms and conditions used for the 
 10.36  federal rebate program established according to section 1927 of 
 11.1   title XIX of the federal Social Security Act. 
 11.2      Sec. 2.  [256.954] [FAIR DRUG PRICING PROGRAM.] 
 11.3      Subdivision 1.  [PURPOSE.] This act may be cited as the 
 11.4   Fair Drug Pricing Act.  It is the purpose of the legislature to 
 11.5   promote the health and well-being of Minnesota citizens by 
 11.6   providing affordable access to prescription drugs at prices that 
 11.7   are fair, not excessive, and nondiscriminatory. 
 11.8      Subd. 2.  [ESTABLISHMENT.] The commissioner of human 
 11.9   services shall establish and administer the Fair Drug Pricing 
 11.10  Act.  The commissioner may contract with a pharmacy benefit 
 11.11  manager to administer the program. 
 11.12     Subd. 3.  [DEFINITIONS.] For the purpose of this section, 
 11.13  the following terms have the meanings given them: 
 11.14     (a) "Commissioner" means the commissioner of human services.
 11.15     (b) "Manufacturer" means a manufacturer as defined in 
 11.16  section 151.44, paragraph (c). 
 11.17     (c) "Covered prescription drug" means a prescription drug 
 11.18  as defined in section 151.44, paragraph (d), that is covered 
 11.19  under medical assistance as described in section 256B.0625, 
 11.20  subdivision 13, and that is provided by a manufacturer that has 
 11.21  a fully executed rebate agreement with the commissioner under 
 11.22  this section and complies with that agreement. 
 11.23     (d) "Health carrier" means an insurance company licensed 
 11.24  under chapter 60A to offer, sell, or issue an individual or 
 11.25  group policy of accident and sickness insurance as defined in 
 11.26  section 62A.01; a nonprofit health service plan corporation 
 11.27  operating under chapter 62C; a health maintenance organization 
 11.28  operating under chapter 62D; a joint self-insurance employee 
 11.29  health plan operating under chapter 62H; a community integrated 
 11.30  systems network licensed under chapter 62N; a fraternal benefit 
 11.31  society operating under chapter 64B; and a self-funded health 
 11.32  plan under the Employee Retirement Income Security Act of 1974, 
 11.33  as amended. 
 11.34     (e) "Participating pharmacy" means a pharmacy as defined in 
 11.35  section 151.01, subdivision 2, that agrees to participate in the 
 11.36  fair drug pricing program. 
 12.1      (f) "Enrolled individual" means a person who is eligible 
 12.2   for the program under subdivision 4 and has enrolled in the 
 12.3   program according to subdivision 5. 
 12.4      Subd. 4.  [ELIGIBILITY.] To be eligible for the program, an 
 12.5   applicant must: 
 12.6      (1) be a permanent resident of Minnesota as defined in 
 12.7   section 256L.09, subdivision 4; 
 12.8      (2) not be enrolled in medical assistance, general 
 12.9   assistance medical care, MinnesotaCare, or the prescription drug 
 12.10  program under section 256.955; 
 12.11     (3) not be enrolled in and have currently available 
 12.12  prescription drug coverage under a health plan offered by a 
 12.13  health carrier; and 
 12.14     (4) not be enrolled in and have currently available 
 12.15  prescription drug coverage under a Medicare supplement plan, as 
 12.16  defined in sections 62A.31 to 62A.44, or policies, contracts, or 
 12.17  certificates that supplement Medicare issued by health 
 12.18  maintenance organizations or those policies, contracts, or 
 12.19  certificates governed by section 1833 or 1876 of the federal 
 12.20  Social Security Act, United States Code, title 42, section 1395, 
 12.21  et. seq., as amended. 
 12.22     Subd. 5.  [APPLICATION.] (a) Applications and information 
 12.23  on the program must be made available at county social services 
 12.24  agencies, health care provider offices, and agencies and 
 12.25  organizations serving senior citizens.  Individuals shall submit 
 12.26  applications and any information specified by the commissioner 
 12.27  as being necessary to verify eligibility directly to the county 
 12.28  social services agencies.  County social services agencies shall 
 12.29  determine an applicant's eligibility for the program within 30 
 12.30  days from the date the application is received.  Eligibility 
 12.31  begins the month after approval. 
 12.32     (b) The commissioner shall develop an application form that 
 12.33  does not exceed one page in length and requires information 
 12.34  necessary to determine eligibility for the program. 
 12.35     Subd. 6.  [PARTICIPATING PHARMACY.] According to a valid 
 12.36  prescription, a participating pharmacy must sell a covered 
 13.1   prescription drug to an enrolled individual at the pharmacy's 
 13.2   usual and customary retail price, minus an amount that is equal 
 13.3   to the rebate amount described in subdivision 8, plus any 
 13.4   administrative fee established by the commissioner.  Each 
 13.5   participating pharmacy shall provide the commissioner with all 
 13.6   information necessary to administer the program, including, but 
 13.7   not limited to, information on prescription drug sales to 
 13.8   enrolled individuals and usual and customary retail prices. 
 13.9      Subd. 7.  [NOTIFICATION.] The commissioner shall notify 
 13.10  each drug manufacturer each calendar quarter or according to a 
 13.11  schedule to be established by the commissioner of the amount of 
 13.12  the rebate owed on the prescription drugs sold by participating 
 13.13  pharmacies to enrolled individuals. 
 13.14     Subd. 8.  [REBATE.] To the extent that a manufacturer's 
 13.15  prescription drugs are prescribed to a citizen of this state, 
 13.16  the manufacturer must provide a rebate equal to the rebate 
 13.17  provided under the medical assistance program for any 
 13.18  prescription drug distributed by the manufacturer that is 
 13.19  purchased by an enrolled individual at a participating 
 13.20  pharmacy.  The manufacturer must provide full payment within 30 
 13.21  days of receipt of the state invoice for the rebate, or 
 13.22  according to a schedule to be established by the commissioner.  
 13.23  The commissioner shall deposit all rebates received into the 
 13.24  Minnesota prescription drug dedicated fund established under 
 13.25  this section.  The manufacturer must provide the commissioner 
 13.26  with any information necessary to verify the rebate determined 
 13.27  per drug. 
 13.28     Subd. 9.  [DISTRIBUTION.] The commissioner shall distribute 
 13.29  on a biweekly basis the amount collected under subdivision 8 to 
 13.30  each participating pharmacy based on the prescription drugs sold 
 13.31  by that pharmacy to enrolled individuals, minus the amount of 
 13.32  the administrative fee established by the commissioner under 
 13.33  subdivision 10. 
 13.34     Subd. 10.  [ADMINISTRATIVE FEE.] The commissioner may 
 13.35  establish a reasonable administrative fee that covers the 
 13.36  commissioner's expenses for enrollment, processing claims, and 
 14.1   distributing rebates under this program to be paid by enrolled 
 14.2   individuals. 
 14.3      Subd. 11.  [DEDICATED FUND.] (a) The Minnesota prescription 
 14.4   drug dedicated fund is established as an account in the state 
 14.5   treasury.  The commissioner of finance shall credit to the 
 14.6   dedicated fund all rebates paid under subdivision 8, and any 
 14.7   appropriations or allocations designated for the fund.  The 
 14.8   commissioner of finance shall ensure that fund money is invested 
 14.9   under section 11A.25.  All money earned by the fund must be 
 14.10  credited to the fund.  The fund shall earn a proportionate share 
 14.11  of the total state annual investment income. 
 14.12     (b) [USE OF FUND.] Money in the fund is appropriated to the 
 14.13  commissioner of human services to reimburse participating 
 14.14  pharmacies for prescription drug discounts provided to enrolled 
 14.15  individuals under this section, to reimburse the commissioner of 
 14.16  human services for costs related to enrollment, processing 
 14.17  claims, distributing rebates, and for other reasonable 
 14.18  administrative costs related to administration of the fair drug 
 14.19  pricing program, and to repay the general fund appropriation 
 14.20  provided in section 3. 
 14.21     Subd. 12.  [ENFORCEMENT.] (a) A violation of this section 
 14.22  shall be deemed a violation of section 325F.69 and shall be 
 14.23  enforceable according to section 8.31. 
 14.24     (b) The remedies provided by this section are cumulative 
 14.25  and shall not be construed as restricting remedies otherwise 
 14.26  available against the same conduct under the common law or other 
 14.27  statutes of this state. 
 14.28     Sec. 3.  [APPROPRIATION.] 
 14.29     $....... is appropriated from the general fund to the 
 14.30  commissioner of human services for the purposes in sections 1 
 14.31  and 2, for the fiscal year ending June 30, 2002.