1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to health; requiring pharmacy benefit managers and health carriers to use |
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3 | 3 | | 1.3 prescription drug rebates and other compensation to benefit covered persons; |
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4 | 4 | | 1.4 requiring a report; proposing coding for new law in Minnesota Statutes, chapter |
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5 | 5 | | 1.5 62W. |
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6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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7 | 7 | | 1.7 Section 1. [62W.16] RESPONSIBILITY TO USE COMPENSATION FOR BENEFIT |
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8 | 8 | | 1.8OF COVERED PERSONS. |
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9 | 9 | | 1.9 Subdivision 1.Compensation used to reduce point-of-sale costs.(a) Except as provided |
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10 | 10 | | 1.10in paragraph (b), a pharmacy benefit manager or health carrier must remit all compensation |
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11 | 11 | | 1.11received from a drug manufacturer related to its prescription drug benefit directly to the |
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12 | 12 | | 1.12covered person associated with a particular prescription drug, at the point of sale, to reduce |
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13 | 13 | | 1.13the covered person's out-of-pocket cost for that prescription drug. |
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14 | 14 | | 1.14 (b) A pharmacy benefit manager or health carrier is not required to remit all compensation |
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15 | 15 | | 1.15as required by paragraph (a), if the covered person's cost-sharing obligation for a particular |
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16 | 16 | | 1.16drug is less than what the person's out-of-pocket cost for that drug would be after application |
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17 | 17 | | 1.17of paragraph (a). All compensation retained by the pharmacy benefit manager or health |
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18 | 18 | | 1.18carrier under this paragraph must be applied by that entity in its plan design to offset future |
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19 | 19 | | 1.19premiums or costs for covered persons. |
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20 | 20 | | 1.20 (c) State employee group insurance program contracts with pharmacy benefit managers, |
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21 | 21 | | 1.21including but not limited to contracts under section 43A.231, must require pharmacy benefit |
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22 | 22 | | 1.22manager compliance with this section. |
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23 | 23 | | 1.23 Subd. 2.Definitions.(a) For purposes of this section, the following definitions apply. |
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24 | 24 | | 1Section 1. |
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34 | 33 | | 2.2limited to rebates, discounts, credits, fees, grants, chargebacks, or other payments or benefits |
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35 | 34 | | 2.3of any kind. |
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36 | 35 | | 2.4 (c) "Cost-sharing obligation" means a covered person's co-payment or coinsurance for |
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37 | 36 | | 2.5a particular prescription drug. |
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38 | 37 | | 2.6 Subd. 3.Report on compliance.Beginning March 1, 2026, and each March 1 thereafter, |
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39 | 38 | | 2.7a pharmacy benefit manager or health carrier shall file with the commissioner a report, in |
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40 | 39 | | 2.8the form and manner specified by the commissioner, demonstrating how the pharmacy |
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41 | 40 | | 2.9benefit manager or health carrier has complied with this section. |
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