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A law to assist in insulin emergencies approved during the  2020 regular legislative session that take effect Wednesday.

The asterisk following the bill number denotes the language that became law.

Summaries of all laws passed by the 2020 Legislature in regular session are available online from nonpartisan House Public Information Services at http://www.house.mn/newlaws/#/search/2020. New laws from the special session should be posted soon.

Diabetics can access emergency insulin: Beginning Wednesday, the urgent-need safety net program within the Alec Smith Insulin Affordability Act will allow diabetics with less than a seven-day supply of insulin readily available, and who need the drug “in order to avoid the likelihood of suffering significant health consequences,” to pay no more than $35 to get a 30-day supply from a pharmacy.

To get insulin, people would need to present a filled-out application created by MNsure and attest to eligibility requirements. A requestor must also have a valid prescription and show proof of Minnesota residency with an identification card, driver’s license or permit. Upon receipt of the application, a pharmacist is to dispense a 30-day supply of prescribed insulin and notify the practitioner who issued the prescription no later than 72 hours after the insulin is dispensed.

Insulin manufacturers will either reimburse pharmacies for the cost of emergency insulin or replace the insulin provided to patients. Through the continuing safety net program, someone can receive up to a 90-day supply of insulin from manufacturers. Insulin is provided on an ongoing basis for the 12-month eligibility period and eligibility for the program may be renewed. The safety net provision expires Dec. 31, 2024, unless the Legislature determines it should continue.

Manufacturers with annual gross revenue of $2 million or less from insulin sales in Minnesota will be permitted to request a waiver to be exempt. An insulin product is exempt from the law if the wholesale acquisition cost is $8 or less per milliliter, or applicable National Council for Prescription Drug Plan billing unit, for the entire assessment time period, adjusted annually by the consumer price index.

More information can be found at: https://mn.gov/boards/pharmacy/insulinsafetynetprogram. Rep. Michael Howard (DFL-Richfield) and Sen. Scott Jensen (R-Chaska) are the sponsors. HF3100*/SF3164/CH73

Drug makers must justify large price increases to the state:  Sponsored by Rep. Kelly Morrison (DFL-Deephaven) and Sen. Julie Rosen (R-Vernon Center), and effective Wednesday, the so-called “Prescription Drug Price Transparency Act” will require prescription drug makers to report, beginning Oct. 1, 2021, certain drug pricing information for existing drugs, new drugs and newly acquired drugs whose prices increase by specified amounts.

In addition to disclosing the cost of manufacturing, marketing and distributing those drugs, drug makers will report sales revenue, net profits, financial assistance through patient prescription assistance programs and agreements to delay generics.

For each prescription drug whose price was $100 or greater for a 30-day supply, or for a course of treatment lasting less than 30 days, manufacturers must report the specified drug pricing information for:

  1. brand name drugs where the price increases by 10 percent or more within the previous 12-month period, or an increase of at least 16 percent over the previous 24-month period; and
  2. generic drugs where there is a price increase of at least 50 percent over the previous 12-month period.

The law also establishes manufacturer drug pricing reporting requirements for certain new prescription drugs and certain newly acquired drugs.

Drug makers that fail to follow the law are subject to fines of up to $10,000 per day. Money from these fines must be deposited in the Health Care Access Fund. HF1246/SF1098*/CH78

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