Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1998 Compare Versions

Only one version of the bill is available at this time.
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11 1.1 A bill for an act​
22 1.2 relating to health insurance; requiring coverage of medical services and prescription​
33 1.3 medications for the treatment of dementia; modifying step therapy requirements​
44 1.4 for medical assistance; amending Minnesota Statutes 2024, section 256B.0625,​
55 1.5 subdivision 13f; proposing coding for new law in Minnesota Statutes, chapter 62Q.​
66 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
77 1.7 Section 1. [62Q.546] COVERAGE FOR DEMENTIA.​
88 1.8 (a) A health plan company must provide coverage for every (1) type of medical service,​
99 1.9and (2) prescription medication approved by the United States Food and Drug Administration​
1010 1.10that is used to treat or slow the progression of dementia. A health plan company must provide​
1111 1.11coverage for diagnostic testing to determine the appropriateness or effectiveness of a medical​
1212 1.12service or prescription medication to treat or slow the progression of dementia.​
1313 1.13 (b) A health plan company is prohibited from using step therapy protocol, as defined in​
1414 1.14section 62Q.184, subdivision 1, when providing the coverage required under paragraph (a).​
1515 1.15 EFFECTIVE DATE.This section is effective January 1, 2026, and applies to health​
1616 1.16plans offered, issued, or renewed on or after that date.​
1717 1.17 Sec. 2. Minnesota Statutes 2024, section 256B.0625, subdivision 13f, is amended to read:​
1818 1.18 Subd. 13f.Prior authorization.(a) The Formulary Committee shall review and​
1919 1.19recommend drugs which require prior authorization. The Formulary Committee shall​
2020 1.20establish general criteria to be used for the prior authorization of brand-name drugs for​
2121 1.21which generically equivalent drugs are available, but the committee is not required to review​
2222 1.22each brand-name drug for which a generically equivalent drug is available.​
2323 1​Sec. 2.​
2424 25-02558 as introduced​02/10/25 REVISOR RSI/HL​
2525 SENATE​
2626 STATE OF MINNESOTA​
2727 S.F. No. 1998​NINETY-FOURTH SESSION​
2828 (SENATE AUTHORS: BOLDON, Abeler and Kupec)​
2929 OFFICIAL STATUS​D-PG​DATE​
3030 Introduction and first reading​02/27/2025​
3131 Referred to Commerce and Consumer Protection​ 2.1 (b) Prior authorization may be required by the commissioner before certain formulary​
3232 2.2drugs are eligible for payment. The Formulary Committee may recommend drugs for prior​
3333 2.3authorization directly to the commissioner. The commissioner may also request that the​
3434 2.4Formulary Committee review a drug for prior authorization. Before the commissioner may​
3535 2.5require prior authorization for a drug:​
3636 2.6 (1) the commissioner must provide information to the Formulary Committee on the​
3737 2.7impact that placing the drug on prior authorization may have on the quality of patient care​
3838 2.8and on program costs, information regarding whether the drug is subject to clinical abuse​
3939 2.9or misuse, and relevant data from the state Medicaid program if such data is available;​
4040 2.10 (2) the Formulary Committee must review the drug, taking into account medical and​
4141 2.11clinical data and the information provided by the commissioner; and​
4242 2.12 (3) the Formulary Committee must hold a public forum and receive public comment for​
4343 2.13an additional 15 days.​
4444 2.14The commissioner must provide a 15-day notice period before implementing the prior​
4545 2.15authorization.​
4646 2.16 (c) Except as provided in subdivision 13j, prior authorization shall not be required or​
4747 2.17utilized for any atypical antipsychotic drug prescribed for the treatment of mental illness​
4848 2.18if:​
4949 2.19 (1) there is no generically equivalent drug available; and​
5050 2.20 (2) the drug was initially prescribed for the recipient prior to July 1, 2003; or​
5151 2.21 (3) the drug is part of the recipient's current course of treatment.​
5252 2.22This paragraph applies to any multistate preferred drug list or supplemental drug rebate​
5353 2.23program established or administered by the commissioner. Prior authorization shall​
5454 2.24automatically be granted for 60 days for brand name drugs prescribed for treatment of mental​
5555 2.25illness within 60 days of when a generically equivalent drug becomes available, provided​
5656 2.26that the brand name drug was part of the recipient's course of treatment at the time the​
5757 2.27generically equivalent drug became available.​
5858 2.28 (d) Prior authorization must not be required for liquid methadone if only one version of​
5959 2.29liquid methadone is available. If more than one version of liquid methadone is available,​
6060 2.30the commissioner shall ensure that at least one version of liquid methadone is available​
6161 2.31without prior authorization.​
6262 2​Sec. 2.​
6363 25-02558 as introduced​02/10/25 REVISOR RSI/HL​ 3.1 (e) Prior authorization may be required for an oral liquid form of a drug, except as​
6464 3.2described in paragraph (d). A prior authorization request under this paragraph must be​
6565 3.3automatically approved within 24 hours if the drug is being prescribed for a Food and Drug​
6666 3.4Administration-approved condition for a patient who utilizes an enteral tube for feedings​
6767 3.5or medication administration, even if the patient has current or prior claims for pills for that​
6868 3.6condition. If more than one version of the oral liquid form of a drug is available, the​
6969 3.7commissioner may select the version that is able to be approved for a Food and Drug​
7070 3.8Administration-approved condition for a patient who utilizes an enteral tube for feedings​
7171 3.9or medication administration. This paragraph applies to any multistate preferred drug list​
7272 3.10or supplemental drug rebate program established or administered by the commissioner. The​
7373 3.11commissioner shall design and implement a streamlined prior authorization form for patients​
7474 3.12who utilize an enteral tube for feedings or medication administration and are prescribed an​
7575 3.13oral liquid form of a drug. The commissioner may require prior authorization for brand​
7676 3.14name drugs whenever a generically equivalent product is available, even if the prescriber​
7777 3.15specifically indicates "dispense as written-brand necessary" on the prescription as required​
7878 3.16by section 151.21, subdivision 2.​
7979 3.17 (f) Notwithstanding this subdivision, the commissioner may automatically require prior​
8080 3.18authorization, for a period not to exceed 180 days, for any drug that is approved by the​
8181 3.19United States Food and Drug Administration on or after July 1, 2005. The 180-day period​
8282 3.20begins no later than the first day that a drug is available for shipment to pharmacies within​
8383 3.21the state. The Formulary Committee shall recommend to the commissioner general criteria​
8484 3.22to be used for the prior authorization of the drugs, but the committee is not required to​
8585 3.23review each individual drug. In order to continue prior authorizations for a drug after the​
8686 3.24180-day period has expired, the commissioner must follow the provisions of this subdivision.​
8787 3.25 (g) Prior authorization under this subdivision shall comply with section 62Q.184.​
8888 3.26 (h) Any step therapy protocol requirements established by the commissioner must comply​
8989 3.27with section sections 62Q.1841 and 62Q.546. The commissioner must apply the step therapy​
9090 3.28requirements of sections 62Q.1841 and 62Q.546 to service delivery under fee-for-service.​
9191 3.29 (i) Notwithstanding any law to the contrary, prior authorization or step therapy shall not​
9292 3.30be required or utilized for any class of drugs that is approved by the United States Food and​
9393 3.31Drug Administration for the treatment or prevention of HIV and AIDS.​
9494 3.32 EFFECTIVE DATE.This section is effective January 1, 2026.​
9595 3​Sec. 2.​
9696 25-02558 as introduced​02/10/25 REVISOR RSI/HL​