1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to human services; modifying applicability of prior authorization clinical |
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3 | 3 | | 1.3 criteria changes and utilization review provisions; amending Minnesota Statutes |
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4 | 4 | | 1.4 2024, sections 62M.17, subdivision 2; 256B.0625, subdivision 25c. |
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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.17, subdivision 2, is amended to read: |
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7 | 7 | | 1.7 Subd. 2.Effect of change in prior authorization clinical criteria.(a) If, during a plan |
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8 | 8 | | 1.8year, or a calendar year for fee-for-service providers under chapters 256B and 256L, a |
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9 | 9 | | 1.9utilization review organization changes coverage terms for a health care service or the |
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10 | 10 | | 1.10clinical criteria used to conduct prior authorizations for a health care service, the change in |
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11 | 11 | | 1.11coverage terms or change in clinical criteria shall not apply until the next plan year, or the |
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12 | 12 | | 1.12next calendar year for fee-for-service providers under chapters 256B and 256L, for any |
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13 | 13 | | 1.13enrollee who received prior authorization for a health care service using the coverage terms |
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14 | 14 | | 1.14or clinical criteria in effect before the effective date of the change. |
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15 | 15 | | 1.15 (b) Paragraph (a) does not apply if a utilization review organization changes coverage |
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16 | 16 | | 1.16terms for a drug or device that has been deemed unsafe by the United States Food and Drug |
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17 | 17 | | 1.17Administration (FDA); that has been withdrawn by either the FDA or the product |
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18 | 18 | | 1.18manufacturer; or when an independent source of research, clinical guidelines, or |
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19 | 19 | | 1.19evidence-based standards has issued drug- or device-specific warnings or recommended |
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20 | 20 | | 1.20changes in drug or device usage. |
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21 | 21 | | 1.21 (c) Paragraph (a) does not apply if a utilization review organization changes coverage |
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22 | 22 | | 1.22terms for a service or the clinical criteria used to conduct prior authorizations for a service |
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23 | 23 | | 1.23when an independent source of research, clinical guidelines, or evidence-based standards |
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24 | 24 | | 1Section 1. |
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25 | 25 | | 25-00345 as introduced02/17/25 REVISOR EB/CH |
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26 | 26 | | SENATE |
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27 | 27 | | STATE OF MINNESOTA |
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28 | 28 | | S.F. No. 2607NINETY-FOURTH SESSION |
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29 | 29 | | (SENATE AUTHORS: KUPEC) |
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30 | 30 | | OFFICIAL STATUSD-PGDATE |
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31 | 31 | | Introduction and first reading03/17/2025 |
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32 | 32 | | Referred to Health and Human Services 2.1has recommended changes in usage of the service for reasons related to patient harm. This |
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33 | 33 | | 2.2paragraph expires December 31, 2025, for health benefit plans offered, sold, issued, or |
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34 | 34 | | 2.3renewed on or after that date. |
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35 | 35 | | 2.4 (d) Effective January 1, 2026, and applicable to health benefit plans offered, sold, issued, |
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36 | 36 | | 2.5or renewed on or after that date, paragraph (a) does not apply if a utilization review |
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37 | 37 | | 2.6organization changes coverage terms for a service or the clinical criteria used to conduct |
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38 | 38 | | 2.7prior authorizations for a service when an independent source of research, clinical guidelines, |
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39 | 39 | | 2.8or evidence-based standards has recommended changes in usage of the service for reasons |
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40 | 40 | | 2.9related to previously unknown and imminent patient harm. |
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41 | 41 | | 2.10 (e) Paragraph (a) does not apply if a utilization review organization removes a brand |
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42 | 42 | | 2.11name drug from its formulary or places a brand name drug in a benefit category that increases |
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43 | 43 | | 2.12the enrollee's cost, provided the utilization review organization (1) adds to its formulary a |
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44 | 44 | | 2.13generic or multisource brand name drug rated as therapeutically equivalent according to |
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45 | 45 | | 2.14the FDA Orange Book, or a biologic drug rated as interchangeable according to the FDA |
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46 | 46 | | 2.15Purple Book, at a lower cost to the enrollee, and (2) provides at least a 60-day notice to |
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47 | 47 | | 2.16prescribers, pharmacists, and affected enrollees. |
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48 | 48 | | 2.17 Sec. 2. Minnesota Statutes 2024, section 256B.0625, subdivision 25c, is amended to read: |
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49 | 49 | | 2.18 Subd. 25c.Applicability of utilization review provisions.Effective January 1, 2026, |
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50 | 50 | | 2.19the following provisions of chapter 62M apply to the commissioner when delivering services |
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51 | 51 | | 2.20under chapters 256B and 256L: 62M.02, subdivisions 1 to 5, 7 to 12, 13, 14 to 18, and 21; |
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52 | 52 | | 2.2162M.04; 62M.05, subdivisions 1 to 4; 62M.06, subdivisions 1 to 3; 62M.07; 62M.072; |
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53 | 53 | | 2.2262M.09; 62M.10; 62M.12; and 62M.17, subdivision 2; and 62M.18. |
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54 | 54 | | 2Sec. 2. |
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55 | 55 | | 25-00345 as introduced02/17/25 REVISOR EB/CH |
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