1.1 A bill for an act
1.2 relating to health; modifying provisions for prescription drug transparency;
1.3 amending Minnesota Statutes 2024, sections 62J.461, subdivisions 3, 4, 5; 62J.84,
1.4 subdivisions 2, 3, 6, 10, 11, 12, 13, 14, 15.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 62J.461, subdivision 3, is amended to read:
1.7 Subd. 3.Reporting by covered entities to the commissioner.(a) Each 340B covered
1.8entity shall report to the commissioner by April 1 of each year the following information
1.9for transactions conducted by the 340B covered entity or on its behalf, and related to its
1.10participation in the federal 340B program for the previous calendar year:
1.11 (1) the aggregated acquisition cost for prescription drugs obtained under the 340B
1.12program;
1.13 (2) the aggregated payment amount received for drugs obtained under the 340B program
1.14and dispensed or administered to patients;:
1.15 (i) that are net of the contracted price for insurance claims payments; and
1.16 (ii) that reflect the portion of payment received from grants, cash, or other payment types
1.17that relate to the dispensing or administering of drugs obtained under the 340B program;
1.18 (3) the number of pricing units dispensed or administered for prescription drugs described
1.19in clause (2); and
1.20 (4) the aggregated payments made:
1.21 (i) to contract pharmacies to dispense drugs obtained under the 340B program;
1Section 1.
REVISOR EB/VJ 25-0030401/30/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 3054
NINETY-FOURTH SESSION
Authored by Bierman04/02/2025
The bill was read for the first time and referred to the Committee on Health Finance and Policy 2.1 (ii) to any other entity that is not the covered entity and is not a contract pharmacy for
2.2managing any aspect of the covered entity's 340B program; and
2.3 (iii) for all other internal, direct expenses related to administering the 340B program
2.4with a detailed description of the direct costs included.
2.5The information under clauses (2) and (3) must be reported by payer type, including but
2.6not limited to commercial insurance, medical assistance, MinnesotaCare, and Medicare, in
2.7the form and manner prescribed by the commissioner.
2.8 (b) For covered entities that are hospitals, the information required under paragraph (a),
2.9clauses (1) to (3), must also be reported at the national drug code level for the 50 most
2.10frequently dispensed or administered drugs by the facility under the 340B program.
2.11 (c) Data submitted to the commissioner under paragraphs (a) and (b) are classified as
2.12nonpublic data, as defined in section 13.02, subdivision 9.
2.13 Sec. 2. Minnesota Statutes 2024, section 62J.461, subdivision 4, is amended to read:
2.14 Subd. 4.Enforcement and exceptions.(a) Any health care covered entity subject to
2.15reporting under this section that fails to provide data in the form and manner prescribed by
2.16the commissioner is subject to the levy of a fine paid to the commissioner of up to $500 for
2.17each day the data are past due. Any fine levied against the entity under this subdivision is
2.18subject to the contested case and judicial review provisions of sections 14.57 and to 14.69.
2.19 (b) The commissioner may grant an entity an extension of or exemption from the reporting
2.20obligations under this subdivision section, upon a showing of good cause by the entity.
2.21 Sec. 3. Minnesota Statutes 2024, section 62J.461, subdivision 5, is amended to read:
2.22 Subd. 5.Reports to the legislature.By November 15, 2024, and by November 15 of
2.23each year thereafter, the commissioner shall submit to the chairs and ranking minority
2.24members of the legislative committees with jurisdiction over health care finance and policy,
2.25a report that aggregates the data submitted under subdivision 3, paragraphs (a) and (b). The
2.26following information must be included in the report For all 340B entities whose net 340B
2.27revenue constitutes a significant share, as determined by the commissioner, of all net 340B
2.28revenue across all 340B covered entities in Minnesota, the following information must also
2.29be included in the report:
2.30 (1) the information submitted under subdivision 2; and
2Sec. 3.
REVISOR EB/VJ 25-0030401/30/25 3.1 (2) for each 340B entity identified in subdivision 2, that entity's 340B net revenue as
3.2calculated using the data submitted under subdivision 3, paragraph (a), with net revenue
3.3being subdivision 3, paragraph (a), clause (2), less the sum of subdivision 3, paragraph (a),
3.4clauses (1) and (4).
3.5For all other entities, the data in the report must be aggregated to the entity type or groupings
3.6of entity types in a manner that prevents the identification of an individual entity and any
3.7entity's specific data value reported for an individual data element.
3.8 Sec. 4. Minnesota Statutes 2024, section 62J.84, subdivision 2, is amended to read:
3.9 Subd. 2.Definitions.(a) For purposes of this section, the terms defined in this subdivision
3.10have the meanings given.
3.11 (b) "Biosimilar" means a drug that is produced or distributed pursuant to a biologics
3.12license application approved under United States Code, title 42, section 262(K)(3).
3.13 (c) "Brand name drug" means a drug that is produced or distributed pursuant to:
3.14 (1) a new drug application approved under United States Code, title 21, section 355(c),
3.15except for a generic drug as defined under Code of Federal Regulations, title 42, section
3.16447.502; or
3.17 (2) a biologics license application approved under United States Code, title 42, section
3.18262(a)(c).
3.19 (d) "Commissioner" means the commissioner of health.
3.20 (e) "Generic drug" means a drug that is marketed or distributed pursuant to:
3.21 (1) an abbreviated new drug application approved under United States Code, title 21,
3.22section 355(j);
3.23 (2) an authorized generic as defined under Code of Federal Regulations, title 42, section
3.24447.502; or
3.25 (3) a drug that entered the market the year before 1962 and was not originally marketed
3.26under a new drug application.
3.27 (f) "Manufacturer" means a drug manufacturer licensed under section 151.252.
3.28 (g) "New prescription drug" or "new drug" means a prescription drug approved for
3.29marketing by the United States Food and Drug Administration (FDA) for which no previous
3.30wholesale acquisition cost has been established for comparison.
3Sec. 4.
REVISOR EB/VJ 25-0030401/30/25 4.1 (h) "Patient assistance program" means a program that a manufacturer offers to the public
4.2in which a consumer may reduce the consumer's out-of-pocket costs for prescription drugs
4.3by using coupons, discount cards, prepaid gift cards, manufacturer debit cards, or by other
4.4means.
4.5 (i) "Prescription drug" or "drug" has the meaning provided in section 151.441, subdivision
4.68.
4.7 (j) "Price" means the wholesale acquisition cost as defined in United States Code, title
4.842, section 1395w-3a(c)(6)(B).
4.9 (k) "30-day supply" means the total daily dosage units of a prescription drug
4.10recommended by the prescribing label approved by the FDA for 30 days. If the
4.11FDA-approved prescribing label includes more than one recommended daily dosage, the
4.1230-day supply is based on the maximum recommended daily dosage on the FDA-approved
4.13prescribing label.
4.14 (l) "Course of treatment" means the total dosage of a single prescription for a prescription
4.15drug recommended by the FDA-approved prescribing label. If the FDA-approved prescribing
4.16label includes more than one recommended dosage for a single course of treatment, the
4.17course of treatment is the maximum recommended dosage on the FDA-approved prescribing
4.18label.
4.19 (m) "Drug product family" means a group of one or more prescription drugs that share
4.20a unique generic drug description or nontrade name and dosage form.
4.21 (n) "Individual salable unit" means the smallest container of product introduced into
4.22commerce by the manufacturer or repackager that is intended by the manufacturer or
4.23repackager for individual sale to a dispenser.
4.24 (o) (n) "National drug code" means the three-segment code maintained by the federal
4.25Food and Drug Administration that includes a labeler code, a product code, and a package
4.26code for a drug product and that has been converted to an 11-digit format consisting of five
4.27digits in the first segment, four digits in the second segment, and two digits in the third
4.28segment. A three-segment code shall be considered converted to an 11-digit format when,
4.29as necessary, at least one "0" has been added to the front of each segment containing less
4.30than the specified number of digits such that each segment contains the specified number
4.31of digits.
4Sec. 4.
REVISOR EB/VJ 25-0030401/30/25 5.1 (p) (o) "Pharmacy" or "pharmacy provider" means a community/outpatient pharmacy
5.2as defined in Minnesota Rules, part 6800.0100, subpart 2, that is also licensed as a pharmacy
5.3by the Board of Pharmacy under section 151.19.
5.4 (q) (p) "Pharmacy benefit manager" or "PBM" means an entity licensed to act as a
5.5pharmacy benefit manager under section 62W.03.
5.6 (r) (q) "Pricing unit" means the smallest dispensable amount of a prescription drug
5.7product that could be dispensed or administered.
5.8 (s) (r) "Rebate" means a discount, chargeback, or other price concession that affects the
5.9price of a prescription drug product, regardless of whether conferred through regular
5.10aggregate payments, on a claim-by-claim basis at the point of sale, as part of retrospective
5.11financial reconciliations, including reconciliations that also reflect other contractual
5.12arrangements, or by any other method. "Rebate" does not mean a bona fide service fee as
5.13defined in Code of Federal Regulations, title 42, section 447.502.
5.14 (t) (s) "Reporting entity" means any manufacturer, pharmacy, pharmacy benefit manager,
5.15wholesale drug distributor, or any other entity required to submit data under this section.
5.16 (u) (t) "Wholesale drug distributor" or "wholesaler" means an entity that:
5.17 (1) is licensed to act as a wholesale drug distributor under section 151.47; and.
5.18 (2) distributes prescription drugs, for which it is not the manufacturer, to persons or
5.19entities, or both, other than a consumer or patient in the state.
5.20 Sec. 5. Minnesota Statutes 2024, section 62J.84, subdivision 3, is amended to read:
5.21 Subd. 3.Prescription drug price increases reporting.(a) Beginning January 1, 2022,
5.22a drug manufacturer must submit to the commissioner the information described in paragraph
5.23(b) for each prescription drug for which the price was $100 or greater for a 30-day supply
5.24or for a course of treatment lasting less than 30 days and:
5.25 (1) for brand name drugs where there is an increase of ten percent or greater in the price
5.26over the previous 12-month period or an increase of 16 percent or greater in the price over
5.27the previous 24-month period; and.
5.28 (2) for generic or biosimilar drugs where there is an increase of 50 percent or greater in
5.29the price over the previous 12-month period.
5.30 (b) For each of the drugs described in paragraph (a), the manufacturer shall submit to
5.31the commissioner no later than 60 days after the price increase goes into effect, in the form
5.32and manner prescribed by the commissioner, the following information, if applicable:
5Sec. 5.
REVISOR EB/VJ 25-0030401/30/25 6.1 (1) the description and price of the drug and the net increase, expressed as a percentage,
6.2with the following listed separately:
6.3 (i) the national drug code;
6.4 (ii) the product name;
6.5 (iii) the dosage form;
6.6 (iv) the strength; and
6.7 (v) the package size;
6.8 (2) the factors that contributed to the price increase;
6.9 (3) the name of any generic version of the prescription drug available on the market;
6.10 (4) the year the prescription drug was introduced for sale in the United States;
6.11 (4) (5) the introductory price of the prescription drug when it was introduced for sale in
6.12the United States and the price of the drug on the last day of each of the five calendar years
6.13preceding the price increase;
6.14 (5) (6) the direct costs incurred during the previous 12-month period by the manufacturer
6.15that are associated with the prescription drug, listed separately:
6.16 (i) to manufacture the prescription drug;
6.17 (ii) to market the prescription drug, including advertising costs; and
6.18 (iii) to distribute the prescription drug;
6.19 (7) the number of units of the prescription drug sold during the previous 12-month period;
6.20 (6) (8) the total sales revenue for the prescription drug during the previous 12-month
6.21period;
6.22 (9) the total rebate payable amount accrued for the prescription drug during the previous
6.2312-month period;
6.24 (7) (10) the manufacturer's net profit attributable to the prescription drug during the
6.25previous 12-month period;
6.26 (8) (11) the total amount of financial assistance the manufacturer has provided through
6.27patient prescription assistance programs during the previous 12-month period, if applicable;
6.28 (9) (12) any agreement between a manufacturer and another entity contingent upon any
6.29delay in offering to market a generic version of the prescription drug;
6Sec. 5.
REVISOR EB/VJ 25-0030401/30/25 7.1 (10) (13) the patent expiration date of the prescription drug if it is under patent;
7.2 (11) (14) the name and location of the company that manufactured the drug;
7.3 (12) (15) if a brand name prescription drug, the highest price paid for the prescription
7.4drug during the previous calendar year in the ten countries, excluding the United States,
7.5that charged the highest single price for the prescription drug; and
7.6 (13) (16) if the prescription drug was acquired by the manufacturer during the previous
7.712-month period, all of the following information:
7.8 (i) price at acquisition;
7.9 (ii) price in the calendar year prior to acquisition;
7.10 (iii) name of the company from which the drug was acquired;
7.11 (iv) date of acquisition; and
7.12 (v) acquisition price.
7.13 (c) The manufacturer may submit any documentation necessary to support the information
7.14reported under this subdivision.
7.15 Sec. 6. Minnesota Statutes 2024, section 62J.84, subdivision 6, is amended to read:
7.16 Subd. 6.Public posting of prescription drug price information.(a) The commissioner
7.17shall post on the department's website, or may contract with a private entity or consortium
7.18that satisfies the standards of section 62U.04, subdivision 6, to meet this requirement, the
7.19following information:
7.20 (1) a list of the prescription drugs reported under subdivisions 3, 4, and 11 to 14 and the
7.21manufacturers of those prescription drugs; and
7.22 (2) a list of reporting entities that reported prescription drug price information under
7.23subdivisions 3, 4, and 11 to 14; and
7.24 (2) (3) information reported to the commissioner under subdivisions 3, 4, and 11 to 14,
7.25aggregated on a per-drug basis in a manner that does not allow the identification of a reporting
7.26entity that is not the manufacturer of the drug.
7.27 (b) The information must be published in an easy-to-read format and in a manner that
7.28identifies the information that is disclosed on a per-drug basis and must not be aggregated
7.29in a manner that prevents the identification of the prescription drug.
7Sec. 6.
REVISOR EB/VJ 25-0030401/30/25 8.1 (c) The commissioner shall not post to the department's website or a private entity
8.2contracting with the commissioner shall not post any information described in this section
8.3if the information is not public data under section 13.02, subdivision 8a; or is trade secret
8.4information under section 13.37, subdivision 1, paragraph (b); or is trade secret information
8.5pursuant to the Defend Trade Secrets Act of 2016, United States Code, title 18, section
8.61836, as amended. If a reporting entity believes information should be withheld from public
8.7disclosure pursuant to this paragraph, the reporting entity must clearly and specifically
8.8identify that information and describe the legal basis in writing when the reporting entity
8.9submits the information under this section. If the commissioner disagrees with the reporting
8.10entity's request to withhold information from public disclosure, the commissioner shall
8.11provide the reporting entity written notice that the information will be publicly posted 30
8.12days after the date of the notice.
8.13 (d) If the commissioner withholds any information from public disclosure pursuant to
8.14this subdivision, the commissioner shall post to the department's website a report describing
8.15the nature of the information and the commissioner's basis for withholding the information
8.16from disclosure.
8.17 (e) To the extent the information required to be posted under this subdivision is collected
8.18and made available to the public by another state, by the University of Minnesota, or through
8.19an online drug pricing reference and analytical tool, the commissioner may reference the
8.20availability of this drug price data from another source including, within existing
8.21appropriations, creating the ability of the public to access the data from the source for
8.22purposes of meeting the reporting requirements of this subdivision.
8.23 Sec. 7. Minnesota Statutes 2024, section 62J.84, subdivision 10, is amended to read:
8.24 Subd. 10.Notice of prescription drugs of substantial public interest.(a) No later than
8.25January 31, 2024, and quarterly thereafter, the commissioner shall produce and post on the
8.26department's website a list of prescription drugs that the commissioner determines to represent
8.27a substantial public interest and for which the commissioner intends to request data under
8.28subdivisions 11 to 14, subject to paragraph (c). The commissioner shall base its inclusion
8.29of prescription drugs on any information the commissioner determines is relevant to providing
8.30greater consumer awareness of the factors contributing to the cost of prescription drugs in
8.31the state, and the commissioner shall consider drug product families that include prescription
8.32drugs:
8.33 (1) that triggered reporting under subdivision 3 or 4 during the previous calendar quarter;
8Sec. 7.
REVISOR EB/VJ 25-0030401/30/25 9.1 (2) for which average claims paid amounts exceeded 125 percent of the price as of the
9.2claim incurred date during the most recent calendar quarter for which claims paid amounts
9.3are available; or
9.4 (3) that are identified by members of the public during a public comment process.
9.5 (b) Not sooner than 30 days after publicly posting the list of prescription drugs under
9.6paragraph (a), the department shall notify, via email, reporting entities registered with the
9.7department of:
9.8 (1) the requirement to report under subdivisions 11 to 14.; and
9.9 (2) the reporting period for which data must be provided.
9.10 (c) The commissioner must not designate more than 500 prescription drugs as having a
9.11substantial public interest in any one notice.
9.12 (d) Notwithstanding subdivision 16, the commissioner is exempt from chapter 14,
9.13including section 14.386, in implementing this subdivision.
9.14 EFFECTIVE DATE.This section is effective the day following final enactment.
9.15 Sec. 8. Minnesota Statutes 2024, section 62J.84, subdivision 11, is amended to read:
9.16 Subd. 11.Manufacturer prescription drug substantial public interest reporting.(a)
9.17Beginning January 1, 2024, a manufacturer must submit to the commissioner the information
9.18described in paragraph (b) for any prescription drug:
9.19 (1) included in a notification to report issued to the manufacturer by the department
9.20under subdivision 10;
9.21 (2) which the manufacturer manufactures or repackages;
9.22 (3) for which the manufacturer sets the wholesale acquisition cost; and
9.23 (4) for which the manufacturer has not submitted data under subdivision 3 during the
9.24120-day period prior to the date of the notification to report.
9.25 (b) For each of the drugs described in paragraph (a), the manufacturer shall submit to
9.26the commissioner no later than 60 days after the date of the notification to report, in the
9.27form and manner prescribed by the commissioner, the following information, if applicable:
9.28 (1) a description of the drug with the following listed separately:
9.29 (i) the national drug code;
9.30 (ii) the product name;
9Sec. 8.
REVISOR EB/VJ 25-0030401/30/25 10.1 (iii) the dosage form;
10.2 (iv) the strength; and
10.3 (v) the package size;
10.4 (2) the price of the drug product on the later of:
10.5 (i) the day one year prior to the date of the notification to report;
10.6 (ii) the introduced to market date; or
10.7 (iii) the acquisition date;
10.8 (3) the price of the drug product on the date of the notification to report;
10.9 (4) the year the prescription drug was introduced for sale in the United States;
10.10 (4) (5) the introductory price of the prescription drug when it was introduced for sale in
10.11the United States and the price of the drug on the last day of each of the five calendar years
10.12preceding the date of the notification to report;
10.13 (5) (6) the direct costs incurred during the 12-month period prior to the date of reporting
10.14period specified in the notification to report by the manufacturers that are associated with
10.15the prescription drug, listed separately:
10.16 (i) to manufacture the prescription drug;
10.17 (ii) to market the prescription drug, including advertising costs; and
10.18 (iii) to distribute the prescription drug;
10.19 (6) (7) the number of units of the prescription drug sold during the 12-month period
10.20prior to the date of reporting period specified in the notification to report;
10.21 (7) (8) the total sales revenue for the prescription drug during the 12-month period prior
10.22to the date of reporting period specified in the notification to report;
10.23 (8) (9) the total rebate payable amount accrued for the prescription drug during the
10.2412-month period prior to the date of reporting period specified in the notification to report;
10.25 (9) (10) the manufacturer's net profit attributable to the prescription drug during the
10.2612-month period prior to the date of reporting period specified in the notification to report;
10.27 (10) (11) the total amount of financial assistance the manufacturer has provided through
10.28patient prescription assistance programs during the 12-month period prior to the date of
10.29reporting period specified in the notification to report, if applicable;
10Sec. 8.
REVISOR EB/VJ 25-0030401/30/25 11.1 (11) (12) any agreement between a manufacturer and another entity contingent upon
11.2any delay in offering to market a generic version of the prescription drug;
11.3 (12) (13) the patent expiration date of the prescription drug if the prescription drug is
11.4under patent;
11.5 (13) (14) the name and location of the company that manufactured the drug;
11.6 (14) (15) if the prescription drug is a brand name prescription drug, the ten countries
11.7other than the United States that paid the highest prices for the prescription drug during the
11.8previous calendar year and their prices; and
11.9 (15) (16) if the prescription drug was acquired by the manufacturer within a 12-month
11.10period prior to the date of the reporting period specified in the notification to report, all of
11.11the following information:
11.12 (i) the price at acquisition;
11.13 (ii) the price in the calendar year prior to acquisition;
11.14 (iii) the name of the company from which the drug was acquired;
11.15 (iv) the date of acquisition; and
11.16 (v) the acquisition price.
11.17 (c) The manufacturer may submit any documentation necessary to support the information
11.18reported under this subdivision.
11.19Sec. 9. Minnesota Statutes 2024, section 62J.84, subdivision 12, is amended to read:
11.20 Subd. 12.Pharmacy prescription drug substantial public interest reporting.(a)
11.21Beginning January 1, 2024, a pharmacy must submit to the commissioner the information
11.22described in paragraph (b) for any prescription drug:
11.23 (1) included in a notification to report issued to the pharmacy by the department under
11.24subdivision 10.; and
11.25 (2) that the pharmacy dispensed in Minnesota or mailed to a Minnesota address.
11.26 (b) For each of the drugs described in paragraph (a), the pharmacy shall submit to the
11.27commissioner no later than 60 days after the date of the notification to report, in the form
11.28and manner prescribed by the commissioner, the following information, if applicable:
11.29 (1) a description of the drug with the following listed separately:
11.30 (i) the national drug code;
11Sec. 9.
REVISOR EB/VJ 25-0030401/30/25 12.1 (ii) the product name;
12.2 (iii) the dosage form;
12.3 (iv) the strength; and
12.4 (v) the package size;
12.5 (2) the number of units of the drug acquired during the 12-month period prior to the date
12.6of reporting period specified in the notification to report;
12.7 (3) the total spent before rebates by the pharmacy to acquire the drug during the 12-month
12.8period prior to the date of reporting period specified in the notification to report;
12.9 (4) the total rebate receivable amount accrued by the pharmacy for the drug during the
12.1012-month period prior to the date of reporting period specified in the notification to report;
12.11 (5) the number of pricing units of the drug dispensed by the pharmacy during the
12.1212-month period prior to the date of reporting period specified in the notification to report;
12.13 (6) the total payment receivable by the pharmacy for dispensing the drug including
12.14ingredient cost, dispensing fee, and administrative fees during the 12-month period prior
12.15to the date of reporting period specified in the notification to report;
12.16 (7) the total rebate payable amount accrued by the pharmacy for the drug during the
12.1712-month period prior to the date of reporting period specified in the notification to report;
12.18and
12.19 (8) the average cash price paid by consumers per pricing unit for prescriptions dispensed
12.20where no claim was submitted to a health care service plan or health insurer during the
12.2112-month period prior to the date of reporting period specified in the notification to report.
12.22 (c) The pharmacy may submit any documentation necessary to support the information
12.23reported under this subdivision.
12.24 (d) The commissioner may grant extensions, exemptions, or both to compliance with
12.25the requirements of paragraphs (a) and (b) by small or independent pharmacies, if compliance
12.26with paragraphs (a) and (b) would represent a hardship or undue burden to the pharmacy.
12.27The commissioner may establish procedures for small or independent pharmacies to request
12.28extensions or exemptions under this paragraph.
12Sec. 9.
REVISOR EB/VJ 25-0030401/30/25 13.1 Sec. 10. Minnesota Statutes 2024, section 62J.84, subdivision 13, is amended to read:
13.2 Subd. 13.PBM prescription drug substantial public interest reporting.(a) Beginning
13.3January 1, 2024, a PBM must submit to the commissioner the information described in
13.4paragraph (b) for any prescription drug:
13.5 (1) included in a notification to report issued to the PBM by the department under
13.6subdivision 10.; and
13.7 (2) for which the PBM fulfilled pharmacy benefit management duties for Minnesota
13.8residents.
13.9 (b) For each of the drugs described in paragraph (a), the PBM shall submit to the
13.10commissioner no later than 60 days after the date of the notification to report, in the form
13.11and manner prescribed by the commissioner, the following information, if applicable:
13.12 (1) a description of the drug with the following listed separately:
13.13 (i) the national drug code;
13.14 (ii) the product name;
13.15 (iii) the dosage form;
13.16 (iv) the strength; and
13.17 (v) the package size;
13.18 (2) the number of pricing units of the drug product filled for which the PBM administered
13.19claims during the 12-month period prior to the date of reporting period specified in the
13.20notification to report;
13.21 (3) the total reimbursement amount accrued and payable to pharmacies for pricing units
13.22of the drug product filled for which the PBM administered claims during the 12-month
13.23period prior to the date of reporting period specified in the notification to report;
13.24 (4) the total reimbursement or administrative fee amount, or both, accrued and receivable
13.25from payers for pricing units of the drug product filled for which the PBM administered
13.26claims during the 12-month period prior to the date of reporting period specified in the
13.27notification to report;
13.28 (5) the total administrative fee amount accrued and receivable from payers for pricing
13.29units of the drug product filled during the reporting period specified in the notification to
13.30report;
13Sec. 10.
REVISOR EB/VJ 25-0030401/30/25 14.1 (5) (6) the total rebate receivable amount accrued by the PBM for the drug product
14.2during the 12-month period prior to the date of reporting period specified in the notification
14.3to report; and
14.4 (6) (7) the total rebate payable amount accrued by the PBM for the drug product during
14.5the 12-month period prior to the date of reporting period specified in the notification to
14.6report.
14.7 (c) The PBM may submit any documentation necessary to support the information
14.8reported under this subdivision.
14.9 Sec. 11. Minnesota Statutes 2024, section 62J.84, subdivision 14, is amended to read:
14.10 Subd. 14.Wholesale drug distributor prescription drug substantial public interest
14.11reporting.(a) Beginning January 1, 2024, a wholesale drug distributor that distributes
14.12prescription drugs, for which it is not the manufacturer, to persons or entities, or both, other
14.13than a consumer or patient in the state, must submit to the commissioner the information
14.14described in paragraph (b) for any prescription drug:
14.15 (1) included in a notification to report issued to the wholesale drug distributor by the
14.16department under subdivision 10.; and
14.17 (2) that the wholesale drug distributor distributed within or into Minnesota.
14.18 (b) For each of the drugs described in paragraph (a), the wholesale drug distributor shall
14.19submit to the commissioner no later than 60 days after the date of the notification to report,
14.20in the form and manner prescribed by the commissioner, the following information, if
14.21applicable:
14.22 (1) a description of the drug with the following listed separately:
14.23 (i) the national drug code;
14.24 (ii) the product name;
14.25 (iii) the dosage form;
14.26 (iv) the strength; and
14.27 (v) the package size;
14.28 (2) the number of units of the drug product acquired by the wholesale drug distributor
14.29during the 12-month period prior to the date of reporting period specified in the notification
14.30to report;
14Sec. 11.
REVISOR EB/VJ 25-0030401/30/25 15.1 (3) the total spent before rebates by the wholesale drug distributor to acquire the drug
15.2product during the 12-month period prior to the date of reporting period specified in the
15.3notification to report;
15.4 (4) the total rebate receivable amount accrued by the wholesale drug distributor for the
15.5drug product during the 12-month period prior to the date of reporting period specified in
15.6the notification to report;
15.7 (5) the number of units of the drug product sold by the wholesale drug distributor during
15.8the 12-month period prior to the date of reporting period specified in the notification to
15.9report;
15.10 (6) gross revenue from sales in the United States generated by the wholesale drug
15.11distributor for this the drug product during the 12-month period prior to the date of reporting
15.12period specified in the notification to report; and
15.13 (7) total rebate payable amount accrued by the wholesale drug distributor for the drug
15.14product during the 12-month period prior to the date of reporting period specified in the
15.15notification to report.
15.16 (c) The wholesale drug distributor may submit any documentation necessary to support
15.17the information reported under this subdivision.
15.18Sec. 12. Minnesota Statutes 2024, section 62J.84, subdivision 15, is amended to read:
15.19 Subd. 15.Registration requirements.Beginning Effective January 1, 2024 2026, a
15.20reporting entity subject to this chapter shall register, or update existing registration
15.21information, with the department in a form and manner prescribed by the commissioner by
15.22January 30 of each year.
15Sec. 12.
REVISOR EB/VJ 25-0030401/30/25