1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to health care; modifying utilization review for prescription drug coverage; |
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3 | 3 | | 1.3 amending Minnesota Statutes 2024, sections 62M.02, subdivision 12; 62M.17, |
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4 | 4 | | 1.4 subdivision 2, by adding a subdivision. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 62M.02, subdivision 12, is amended to read: |
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7 | 7 | | 1.7 Subd. 12.Health benefit plan.(a) "Health benefit plan" means: |
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8 | 8 | | 1.8 (1) a policy, contract, or certificate issued by a health plan company for the coverage of |
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9 | 9 | | 1.9medical, dental, prescription drug, or hospital benefits; or |
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10 | 10 | | 1.10 (2) effective January 1, 2026, for the sections specified in section 62M.01, subdivision |
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11 | 11 | | 1.113, paragraph (c), coverage of medical, dental, or hospital benefits through fee-for-service |
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12 | 12 | | 1.12under chapters 256B and 256L, as specified by the commissioner on the agency's public |
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13 | 13 | | 1.13website or through other forms of recipient and provider guidance. |
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14 | 14 | | 1.14 (b) A health benefit plan does not include coverage that is: |
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15 | 15 | | 1.15 (1) limited to disability or income protection coverage; |
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16 | 16 | | 1.16 (2) automobile medical payment coverage; |
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17 | 17 | | 1.17 (3) supplemental to liability insurance; |
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18 | 18 | | 1.18 (4) designed solely to provide payments on a per diem, fixed indemnity, or nonexpense |
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19 | 19 | | 1.19incurred basis; |
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20 | 20 | | 1.20 (5) credit accident and health insurance issued under chapter 62B; |
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21 | 21 | | 1.21 (6) blanket accident and sickness insurance as defined in section 62A.11; |
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22 | 22 | | 1Section 1. |
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23 | 23 | | 25-02811 as introduced02/10/25 REVISOR SGS/MI |
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24 | 24 | | SENATE |
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25 | 25 | | STATE OF MINNESOTA |
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26 | 26 | | S.F. No. 1340NINETY-FOURTH SESSION |
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27 | 27 | | (SENATE AUTHORS: PHA) |
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28 | 28 | | OFFICIAL STATUSD-PGDATE |
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29 | 29 | | Introduction and first reading02/13/2025 |
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30 | 30 | | Referred to Commerce and Consumer Protection 2.1 (7) accident only coverage issued by a licensed and tested insurance agent; or |
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31 | 31 | | 2.2 (8) workers' compensation. |
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32 | 32 | | 2.3 Sec. 2. Minnesota Statutes 2024, section 62M.17, subdivision 2, is amended to read: |
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33 | 33 | | 2.4 Subd. 2.Effect of change in prior authorization clinical criteria.(a) If, during a plan |
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34 | 34 | | 2.5year, a utilization review organization changes coverage terms for a health care service or |
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35 | 35 | | 2.6the clinical criteria used to conduct prior authorizations for a health care service, the change |
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36 | 36 | | 2.7in coverage terms or change in clinical criteria shall not apply until the next plan year for |
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37 | 37 | | 2.8any enrollee who received prior authorization for a health care service using the coverage |
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38 | 38 | | 2.9terms or clinical criteria in effect before the effective date of the change. |
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39 | 39 | | 2.10 (b) Paragraph (a) does not apply if a utilization review organization changes coverage |
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40 | 40 | | 2.11terms for a drug or device that has been deemed unsafe by the United States Food and Drug |
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41 | 41 | | 2.12Administration (FDA); that has been withdrawn by either the FDA or the product |
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42 | 42 | | 2.13manufacturer; or when an independent source of research, clinical guidelines, or |
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43 | 43 | | 2.14evidence-based standards has issued drug- or device-specific warnings or recommended |
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44 | 44 | | 2.15changes in drug or device usage. |
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45 | 45 | | 2.16 (c) Paragraph (a) does not apply if a utilization review organization changes coverage |
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46 | 46 | | 2.17terms for a service or the clinical criteria used to conduct prior authorizations for a service |
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47 | 47 | | 2.18when an independent source of research, clinical guidelines, or evidence-based standards |
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48 | 48 | | 2.19has recommended changes in usage of the service for reasons related to patient harm. This |
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49 | 49 | | 2.20paragraph expires December 31, 2025, for health benefit plans offered, sold, issued, or |
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50 | 50 | | 2.21renewed on or after that date. |
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51 | 51 | | 2.22 (d) Effective January 1, 2026, and applicable to health benefit plans offered, sold, issued, |
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52 | 52 | | 2.23or renewed on or after that date, paragraph (a) does not apply if a utilization review |
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53 | 53 | | 2.24organization changes coverage terms for a service or the clinical criteria used to conduct |
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54 | 54 | | 2.25prior authorizations for a service when an independent source of research, clinical guidelines, |
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55 | 55 | | 2.26or evidence-based standards has recommended changes in usage of the service for reasons |
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56 | 56 | | 2.27related to previously unknown and imminent patient harm. |
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57 | 57 | | 2.28 (e) Paragraph (a) does not apply if a utilization review organization removes a brand |
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58 | 58 | | 2.29name drug from its formulary or places a brand name drug in a benefit category that increases |
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59 | 59 | | 2.30the enrollee's cost, provided the utilization review organization (1) adds to its formulary a |
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60 | 60 | | 2.31generic or multisource brand name drug rated as therapeutically equivalent according to |
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61 | 61 | | 2.32the FDA Orange Book, or a biologic drug rated as interchangeable according to the FDA |
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62 | 62 | | 2Sec. 2. |
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63 | 63 | | 25-02811 as introduced02/10/25 REVISOR SGS/MI 3.1Purple Book, at a lower cost to the enrollee, and (2) provides at least a 60-day notice to |
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64 | 64 | | 3.2prescribers, pharmacists, and affected enrollees. |
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65 | 65 | | 3.3 Sec. 3. Minnesota Statutes 2024, section 62M.17, is amended by adding a subdivision to |
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66 | 66 | | 3.4read: |
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67 | 67 | | 3.5 Subd. 3.Prescription drug authorization.(a) Any authorization for a prescription drug |
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68 | 68 | | 3.6must remain valid for the duration of an enrollee's contract term, provided the drug continues |
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69 | 69 | | 3.7to be prescribed for a patient with a condition that requires ongoing medication therapy. |
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70 | 70 | | 3.8 (b) Paragraph (a) does not apply if a utilization review organization invalidates an |
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71 | 71 | | 3.9authorization for a prescription drug that has been deemed unsafe by the United States Food |
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72 | 72 | | 3.10and Drug Administration (FDA) or that has been withdrawn by either the FDA or the drug |
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73 | 73 | | 3.11manufacturer, or when an independent source of research, clinical guidelines, or |
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74 | 74 | | 3.12evidence-based standards have issued drug-specific warnings or recommended changes in |
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75 | 75 | | 3.13drug usage. |
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76 | 76 | | 3Sec. 3. |
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77 | 77 | | 25-02811 as introduced02/10/25 REVISOR SGS/MI |
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