Senate Floor Amendment

sch2414a64 sch2414a64

1.1Senator Anderson, P. moved to amend the (SCH2414A62) amendment to H.F. No. 2414
1.2as follows:
1.3Page 1, after line 3, insert:
1.4"Page 260, after line 20, insert:

1.5    "Sec. 4. [256.937] INSULIN ASSISTANCE PROGRAM.
1.6    Subdivision 1. Establishment. (a) The commissioner of human services shall implement
1.7an insulin assistance program by July 1, 2020. Under the program, the commissioner shall:
1.8(1) pay participating pharmacies for insulin that is dispensed by a participating pharmacy
1.9to an eligible individual subject to a valid prescription;
1.10(2) maintain an up-to-date list of eligible individuals and make the list available to
1.11participating pharmacies; and
1.12(3) ensure pharmacy participation in the program in all areas of the state and maintain
1.13an up-to-date list of participating pharmacies on the department's website.
1.14(b) The commissioner may contract with a private entity or enter into an interagency
1.15agreement with another state agency to implement this program.
1.16    Subd. 2. Eligible individual. (a) To be eligible for the insulin assistance program, an
1.17individual must submit to the commissioner an application form that is signed by the
1.18individual. Eligibility for the insulin assistance program is subject to the limits of available
1.19funding. To be eligible, an individual must:
1.20(1) be a resident of Minnesota;
1.21(2) not be eligible for Medicare, medical assistance, or MinnesotaCare;
1.22(3) have a family income that is equal to or less than 400 percent of the federal poverty
1.23guidelines; and
1.24(4) be uninsured or have no prescription drug coverage.
1.25(b) The commissioner shall develop an application form and make the form available
1.26to pharmacies, health care providers, and to individuals on the department's website. An
1.27applicant must include their income and insurance status information with the application.
1.28The commissioner shall require the applicant to submit additional information to verify
1.29eligibility if deemed necessary by the commissioner.
1.30(c) Upon receipt of a completed application and any additional information requested
1.31by the commissioner, the commissioner shall determine eligibility to the program. Once
2.1the individual has been determined eligible, the individual shall be issued an identification
2.2card. The card shall be valid for 30 days from the date of issuance and may be used at any
2.3participating pharmacy. An individual is not eligible for renewal until 12 months from the
2.4card's expiration date, at which time the individual must submit a new application form and
2.5meet the qualifications in paragraph (a).
2.6    Subd. 3. Pharmacy participation. (a) Pharmacy participation in the program is voluntary.
2.7In order to participate, a pharmacy must register with the commissioner and agree to
2.8reimbursement and other contract terms. A pharmacy may withdraw from participation at
2.9any time by providing written notice to the commissioner.
2.10(b) A pharmacy shall dispense insulin to eligible individuals who present a valid
2.11prescription and an identification card.
2.12(c) Eligible individuals are responsible for paying an insulin co-payment to the
2.13participating pharmacy that is equal to the prescription co-payment required under section
2.14256L.03, subdivision 5.
2.15(d) Notwithstanding paragraph (c), if an eligible individual has coverage through an
2.16individual or group health plan, the pharmacy must process the insulin in accordance with
2.17the individual's health plan.

2.18    Sec. 5. [256.938] INSULIN ASSISTANCE ACCOUNT.
2.19    Subdivision 1. Establishment. The insulin assistance account is established in the special
2.20revenue fund in the state treasury. The fees collected by the Board of Pharmacy under section
2.21151.252, subdivision 1, paragraph (b), shall be deposited into the account.
2.22    Subd. 2. Use of account funds. For fiscal year 2021 and subsequent fiscal years, money
2.23in the insulin assistance account is appropriated to the commissioner of human services to
2.24fund the insulin assistance program established under section 256.937."
2.25Page 352, after line 17, insert:

2.26    "Sec. 12. [151.254] INSULIN REGISTRATION FEE.
2.27    Subdivision 1. Definition. (a) For purposes of this section, the following terms have the
2.28meanings given them.
2.29(b) "Manufacturer" means a manufacturer licensed under section 151.252 engaged in
2.30the manufacturing of insulin.
3.1(c) "Wholesaler" means a wholesale drug distributor licensed under section 151.47 and
3.2engaged in the wholesale drug distribution of insulin.
3.3    Subd. 2. Reporting requirements. (a) Effective March 1 of each year, beginning March
3.41, 2020, each manufacturer and each wholesaler must report to the Board of Pharmacy every
3.5sale, delivery, or other distribution within or into the state of insulin that was made to any
3.6practitioner, pharmacy, hospital, or other person who is permitted by section 151.37 to
3.7possess insulin for administration or was dispensed to human patients during the previous
3.8calendar year. Reporting must be in a manner specified by the board. If the manufacturer
3.9or wholesaler fails to provide information required under this paragraph on a timely basis,
3.10the board may assess an administrative penalty of $100 per day. This penalty shall not be
3.11considered a form of disciplinary action. Any penalty assessed under this section shall be
3.12deposited in the insulin assistance account established under section 256.938.
3.13(b) By March 1 of each year, beginning March 1, 2020, each owner of a pharmacy with
3.14at least one location within this state must report to the board any intracompany delivery
3.15or distribution of insulin into this state, to the extent that those deliveries and distributions
3.16are not reported to the board by a licensed wholesaler owned by, under contract to, or
3.17otherwise operating on behalf of the owner of the pharmacy. Reporting must be in the
3.18manner and format specified by the board for deliveries and distributions that occurred
3.19during the previous calendar year. The report must include the name of the manufacturer
3.20or wholesaler from which the owner of the pharmacy ultimately purchased the insulin and
3.21the amount and date the purchase occurred.
3.22    Subd. 3. Determination of manufacturer's registration fee. (a) The board shall annually
3.23assess manufacturers a registration fee that in aggregate equals the total cost of the insulin
3.24assistance program established under section 256.937 for the previous fiscal year, not to
3.25exceed $......., including any administration costs incurred by the commissioner of human
3.26services or the board in collecting the fee. The board shall determine each manufacturer's
3.27annual insulin registration fee that is prorated and based on the manufacturer's percentage
3.28of the total number of units reported to the board under subdivision 2. For the first
3.29assessment, the commissioner shall estimate the cost of the program for the first fiscal year
3.30and notify the board of the estimated cost by March 1, 2020. The board shall determine
3.31each manufacturer's initial registration fee based on the estimated cost.
3.32(b) By April 1 of each year, beginning April 1, 2020, the board shall notify each
3.33manufacturer of the annual amount of the manufacturer's insulin registration fee to be paid
3.34in accordance with section 151.252, subdivision 1, paragraph (b).
4.1(c) A manufacturer may dispute the fee assessed under this section as determined by the
4.2board no later than 30 days after the date of notification. However, the manufacturer must
4.3still remit the registration fee required by section 151.252, subdivision 1, paragraph (b).
4.4The dispute must be filed with the board in the manner and using the forms specified by
4.5the board. A manufacturer must submit, with the required forms, data satisfactory to the
4.6board that demonstrates that the fee was incorrect or otherwise unwarranted. The board
4.7must make a decision concerning a dispute no later than 60 days after receiving the required
4.8dispute forms. If the board determines that the manufacturer has satisfactorily demonstrated
4.9that the original fee was incorrect, the board must: (1) adjust the manufacturer's fee; (2)
4.10adjust the manufacturer's fee due the next year by the amount in excess of the correct fee
4.11that should have been paid; or (3) refund the amount paid in error.""
4.12The motion prevailed. #did not prevail. So the amendment to the amendment was #not