1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to health insurance; requiring coverage of medical services and prescription |
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3 | 3 | | 1.3 medications for the treatment of dementia; modifying step therapy requirements |
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4 | 4 | | 1.4 for medical assistance; amending Minnesota Statutes 2024, section 256B.0625, |
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5 | 5 | | 1.5 subdivision 13f; proposing coding for new law in Minnesota Statutes, chapter 62Q. |
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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. [62Q.546] COVERAGE FOR DEMENTIA. |
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8 | 8 | | 1.8 (a) A health plan company must provide coverage for every (1) type of medical service, |
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9 | 9 | | 1.9and (2) prescription medication approved by the United States Food and Drug Administration |
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10 | 10 | | 1.10that is used to treat or slow the progression of dementia. A health plan company must provide |
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11 | 11 | | 1.11coverage for diagnostic testing to determine the appropriateness or effectiveness of a medical |
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12 | 12 | | 1.12service or prescription medication to treat or slow the progression of dementia. |
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13 | 13 | | 1.13 (b) A health plan company is prohibited from using step therapy protocol, as defined in |
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14 | 14 | | 1.14section 62Q.184, subdivision 1, when providing the coverage required under paragraph (a). |
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15 | 15 | | 1.15 EFFECTIVE DATE.This section is effective January 1, 2026, and applies to health |
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16 | 16 | | 1.16plans offered, issued, or renewed on or after that date. |
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17 | 17 | | 1.17 Sec. 2. Minnesota Statutes 2024, section 256B.0625, subdivision 13f, is amended to read: |
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18 | 18 | | 1.18 Subd. 13f.Prior authorization.(a) The Formulary Committee shall review and |
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19 | 19 | | 1.19recommend drugs which require prior authorization. The Formulary Committee shall |
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20 | 20 | | 1.20establish general criteria to be used for the prior authorization of brand-name drugs for |
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21 | 21 | | 1.21which generically equivalent drugs are available, but the committee is not required to review |
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22 | 22 | | 1.22each brand-name drug for which a generically equivalent drug is available. |
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23 | 23 | | 1Sec. 2. |
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24 | 24 | | 25-02558 as introduced02/10/25 REVISOR RSI/HL |
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25 | 25 | | SENATE |
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26 | 26 | | STATE OF MINNESOTA |
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27 | 27 | | S.F. No. 1998NINETY-FOURTH SESSION |
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28 | 28 | | (SENATE AUTHORS: BOLDON, Abeler and Kupec) |
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29 | 29 | | OFFICIAL STATUSD-PGDATE |
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30 | 30 | | Introduction and first reading02/27/2025 |
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31 | 31 | | Referred to Commerce and Consumer Protection 2.1 (b) Prior authorization may be required by the commissioner before certain formulary |
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32 | 32 | | 2.2drugs are eligible for payment. The Formulary Committee may recommend drugs for prior |
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33 | 33 | | 2.3authorization directly to the commissioner. The commissioner may also request that the |
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34 | 34 | | 2.4Formulary Committee review a drug for prior authorization. Before the commissioner may |
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35 | 35 | | 2.5require prior authorization for a drug: |
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36 | 36 | | 2.6 (1) the commissioner must provide information to the Formulary Committee on the |
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37 | 37 | | 2.7impact that placing the drug on prior authorization may have on the quality of patient care |
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38 | 38 | | 2.8and on program costs, information regarding whether the drug is subject to clinical abuse |
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39 | 39 | | 2.9or misuse, and relevant data from the state Medicaid program if such data is available; |
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40 | 40 | | 2.10 (2) the Formulary Committee must review the drug, taking into account medical and |
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41 | 41 | | 2.11clinical data and the information provided by the commissioner; and |
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42 | 42 | | 2.12 (3) the Formulary Committee must hold a public forum and receive public comment for |
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43 | 43 | | 2.13an additional 15 days. |
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44 | 44 | | 2.14The commissioner must provide a 15-day notice period before implementing the prior |
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45 | 45 | | 2.15authorization. |
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46 | 46 | | 2.16 (c) Except as provided in subdivision 13j, prior authorization shall not be required or |
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47 | 47 | | 2.17utilized for any atypical antipsychotic drug prescribed for the treatment of mental illness |
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48 | 48 | | 2.18if: |
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49 | 49 | | 2.19 (1) there is no generically equivalent drug available; and |
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50 | 50 | | 2.20 (2) the drug was initially prescribed for the recipient prior to July 1, 2003; or |
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51 | 51 | | 2.21 (3) the drug is part of the recipient's current course of treatment. |
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52 | 52 | | 2.22This paragraph applies to any multistate preferred drug list or supplemental drug rebate |
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53 | 53 | | 2.23program established or administered by the commissioner. Prior authorization shall |
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54 | 54 | | 2.24automatically be granted for 60 days for brand name drugs prescribed for treatment of mental |
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55 | 55 | | 2.25illness within 60 days of when a generically equivalent drug becomes available, provided |
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56 | 56 | | 2.26that the brand name drug was part of the recipient's course of treatment at the time the |
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57 | 57 | | 2.27generically equivalent drug became available. |
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58 | 58 | | 2.28 (d) Prior authorization must not be required for liquid methadone if only one version of |
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59 | 59 | | 2.29liquid methadone is available. If more than one version of liquid methadone is available, |
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60 | 60 | | 2.30the commissioner shall ensure that at least one version of liquid methadone is available |
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61 | 61 | | 2.31without prior authorization. |
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62 | 62 | | 2Sec. 2. |
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63 | 63 | | 25-02558 as introduced02/10/25 REVISOR RSI/HL 3.1 (e) Prior authorization may be required for an oral liquid form of a drug, except as |
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64 | 64 | | 3.2described in paragraph (d). A prior authorization request under this paragraph must be |
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65 | 65 | | 3.3automatically approved within 24 hours if the drug is being prescribed for a Food and Drug |
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66 | 66 | | 3.4Administration-approved condition for a patient who utilizes an enteral tube for feedings |
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67 | 67 | | 3.5or medication administration, even if the patient has current or prior claims for pills for that |
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68 | 68 | | 3.6condition. If more than one version of the oral liquid form of a drug is available, the |
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69 | 69 | | 3.7commissioner may select the version that is able to be approved for a Food and Drug |
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70 | 70 | | 3.8Administration-approved condition for a patient who utilizes an enteral tube for feedings |
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71 | 71 | | 3.9or medication administration. This paragraph applies to any multistate preferred drug list |
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72 | 72 | | 3.10or supplemental drug rebate program established or administered by the commissioner. The |
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73 | 73 | | 3.11commissioner shall design and implement a streamlined prior authorization form for patients |
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74 | 74 | | 3.12who utilize an enteral tube for feedings or medication administration and are prescribed an |
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75 | 75 | | 3.13oral liquid form of a drug. The commissioner may require prior authorization for brand |
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76 | 76 | | 3.14name drugs whenever a generically equivalent product is available, even if the prescriber |
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77 | 77 | | 3.15specifically indicates "dispense as written-brand necessary" on the prescription as required |
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78 | 78 | | 3.16by section 151.21, subdivision 2. |
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79 | 79 | | 3.17 (f) Notwithstanding this subdivision, the commissioner may automatically require prior |
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80 | 80 | | 3.18authorization, for a period not to exceed 180 days, for any drug that is approved by the |
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81 | 81 | | 3.19United States Food and Drug Administration on or after July 1, 2005. The 180-day period |
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82 | 82 | | 3.20begins no later than the first day that a drug is available for shipment to pharmacies within |
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83 | 83 | | 3.21the state. The Formulary Committee shall recommend to the commissioner general criteria |
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84 | 84 | | 3.22to be used for the prior authorization of the drugs, but the committee is not required to |
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85 | 85 | | 3.23review each individual drug. In order to continue prior authorizations for a drug after the |
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86 | 86 | | 3.24180-day period has expired, the commissioner must follow the provisions of this subdivision. |
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87 | 87 | | 3.25 (g) Prior authorization under this subdivision shall comply with section 62Q.184. |
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88 | 88 | | 3.26 (h) Any step therapy protocol requirements established by the commissioner must comply |
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89 | 89 | | 3.27with section sections 62Q.1841 and 62Q.546. The commissioner must apply the step therapy |
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90 | 90 | | 3.28requirements of sections 62Q.1841 and 62Q.546 to service delivery under fee-for-service. |
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91 | 91 | | 3.29 (i) Notwithstanding any law to the contrary, prior authorization or step therapy shall not |
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92 | 92 | | 3.30be required or utilized for any class of drugs that is approved by the United States Food and |
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93 | 93 | | 3.31Drug Administration for the treatment or prevention of HIV and AIDS. |
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94 | 94 | | 3.32 EFFECTIVE DATE.This section is effective January 1, 2026. |
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95 | 95 | | 3Sec. 2. |
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96 | 96 | | 25-02558 as introduced02/10/25 REVISOR RSI/HL |
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