1.1 	A bill for an act
1.2 	relating to human services; covering a certain class
1.3 	of drugs for treatment of specific diagnoses; amending
1.4 	Minnesota Statutes 2004, section 256B.0625,
1.5 	subdivision 13d.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 256B.0625,
1.8 	subdivision 13d, is amended to read:
1.9 		Subd. 13d.Drug formulary.  The commissioner shall
1.10 	establish a drug formulary.  Its establishment and publication
1.11 	shall not be subject to the requirements of the Administrative
1.12 	Procedure Act, but the Formulary Committee shall review and
1.13 	comment on the formulary contents.
1.14 	The formulary shall not include:
1.15 	(1) drugs or products for which there is no federal
1.16 	funding;
1.17 	(2) over-the-counter drugs, except as provided in
1.18 	subdivision 13;
1.19 	(3) drugs used for weight loss, except that medically
1.20 	necessary lipase inhibitors may be covered for a recipient with
1.21 	type II diabetes and drugs to treat obesity may be covered when
1.22 	the treatment is integral and necessary to the course of
1.23 	treatment of hypothyroidism, Cushing's disease, hypothalamic
1.24 	lesions, cardiac disease, respiratory disease, diabetes, or
1.25 	hypertension;
2.1 	(4) drugs for which medical value has not been established;
2.2 	and
2.3 	(5) drugs from manufacturers who have not signed a rebate
2.4 	agreement with the Department of Health and Human Services
2.5 	pursuant to section 1927 of title XIX of the Social Security Act.