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SF 3516

as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2020 08:37am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16

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:

Section 1.

Minnesota Statutes 2019 Supplement, section 62W.04, is amended to read:


62W.04 PHARMACY BENEFIT MANAGER GENERAL BUSINESS PRACTICES.

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.
new text end

deleted text begin (a)deleted text endnew 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 endnew 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.