1.1 	A bill for an act
1.2 	relating to human services; establishing participation
1.3 	in the I-Save Rx prescription drug program; proposing
1.4 	coding for new law in Minnesota Statutes, chapter 256.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [256.9551] I-SAVE RX PRESCRIPTION DRUG
1.7 	PROGRAM.
1.8 		Subdivision 1.Establishment. Minnesota through the
1.9 	commissioner of human services shall enter into an agreement to
1.10 	participate in the Illinois prescription drug reimportation
1.11 	program (I-Save Rx) to enable Minnesota residents to obtain safe
1.12 	and affordable prescription drugs from Canada, Ireland, and the
1.13 	United Kingdom.
1.14 		Subd. 2.Authority to enter into agreement;
1.15 	compliance. The commissioner of human services is authorized
1.16 	and directed to enter into an agreement with one or more states
1.17 	to participate in the I-Save Rx prescription drug program.  In
1.18 	furtherance of the agreement, the commissioner is authorized to
1.19 	act jointly with other states that are members of the agreement
1.20 	to establish an agreed upon set of standards of practice to
1.21 	ensure the safety of participants.  Illinois shall act as the
1.22 	primary administrator of the pharmacy benefits manager
1.23 	agreement.  Any modification of the standards of practice must
1.24 	have the full and unanimous consent of the joint work group as
1.25 	defined in subdivision 6.  Additionally, the joint work group
2.1 	shall review the standards of practice periodically for the
2.2 	purpose of considering modifications or amendments.
2.3 		Subd. 3.Agreement. The commissioner of human services
2.4 	shall not enter into an agreement to participate in the I-Save
2.5 	Rx program unless the agreement contains the following
2.6 	provisions:
2.7 	(1) has specific standards for quality control and safety;
2.8 	(2) specifies that inspections of participating pharmacies
2.9 	may be conducted by the commissioner or the commissioners
2.10 	designee;
2.11 	(3) specifies that citizens with Minnesota zip code
2.12 	addresses shall be provided access to the I-Save Rx program and
2.13 	shall be considered program participants;
2.14 	(4) requires that the pharmacy benefits manager immediately
2.15 	suspend a pharmacy from the list of network pharmacies upon
2.16 	receiving a written notice of violation of the standards of
2.17 	practice from the commissioner;
2.18 	(5) requires written notice to the commissioner of human
2.19 	services when other states are added to the I-Save Rx program as
2.20 	participating states; and 
2.21 	(6) provides that Minnesota may terminate the agreement
2.22 	with or without cause after giving written notice to the other
2.23 	participating states.
2.24 		Subd. 4.Program benefits. (a) Minnesota residents must
2.25 	be able to refill prescriptions for the most common brand name
2.26 	prescription drugs used to treat chronic illnesses from a
2.27 	network of inspected and approved pharmacies in Canada, Ireland,
2.28 	and the United Kingdom.  The mail order pharmacy program must be
2.29 	accessible through a Web site and a 24-hour toll-free telephone
2.30 	number.  Program participants may order refills of three months
2.31 	supply over the phone.
2.32 	(b) The program must include provisions to ensure the
2.33 	safety and quality of the prescriptions by requiring the
2.34 	inspection and approval of the pharmacies who participate.
2.35 		Subd. 5.Program operation. For operation of the
2.36 	program, the provisions in paragraphs (a) and (b) apply.
3.1 	(a) [WEB SITE.] The commissioner of human services shall
3.2 	maintain a separate Web site that provides a link to
3.3 	www.ISaveRx.net.  Citizens with Minnesota zip code addresses
3.4 	shall be provided access to the services through the I-Save Rx
3.5 	program, and Minnesota residents shall be considered program
3.6 	participants.  The operation and administration of the Web site
3.7 	accessed via the I-Save Rx site shall be the responsibility of
3.8 	the pharmacy benefits manager.
3.9 	(b) [DRUG SUPPLY/CAPACITY.] The commissioner of human
3.10 	services shall work with other participating states to ensure an
3.11 	adequate supply of prescription drugs from the program
3.12 	countries.  In the event that demand exceeds the supplies
3.13 	available, the agreement may provide Illinois residents shall
3.14 	have first priority over all other participating states.
3.15 	"Participating states" means Illinois and any other states that
3.16 	have an agreement with Illinois to participate in the I-Save Rx
3.17 	program.
3.18 		Subd. 6.Joint work group. To ensure adequate input from
3.19 	Minnesota regarding the safe and effective administration of the
3.20 	I-Save Rx program, Minnesota shall take part in the joint work
3.21 	group that is composed of two representatives from each
3.22 	participating state.  The joint work group shall meet or confer
3.23 	on an as needed basis.  The Minnesota representatives shall be
3.24 	the commissioner of human services and the executive director of
3.25 	the Board of Pharmacy or their designees.
3.26 		Subd. 7.Monitoring. Any reports issued by the pharmacy
3.27 	benefits manager or local regulatory authorities regarding the
3.28 	network pharmacies' compliance or noncompliance with the
3.29 	standards of practice shall be provided to the commissioner of
3.30 	human services.  The joint work group shall determine the
3.31 	specific types of data that should be included in any reports
3.32 	issued by the pharmacy benefits manager and the periodic basis
3.33 	on which the reports will be issued.
3.34 		Subd. 8.Violation. In the event that the standards of
3.35 	practice are violated by one of the network pharmacies, the
3.36 	commissioner of human services shall provide written notice to
4.1 	the primary administrator and the pharmacy benefits manager of
4.2 	any violation.  Upon receiving the written notice from the
4.3 	commissioner of human services, the pharmacy shall be
4.4 	immediately suspended from the list of network pharmacies
4.5 	eligible to fill prescriptions for program participants, pending
4.6 	further review by the program benefits manager and the
4.7 	participating states, which may result in either reinstatement
4.8 	or exclusion from participation in the program.
4.9 		Subd. 9.Inspections. The commissioner of human services
4.10 	may also participate in inspections of pharmacies along with
4.11 	other states.  To the extent that additional pharmacies are
4.12 	added to the list of network pharmacies, the commissioner of
4.13 	human services may independently inspect those pharmacies.  The
4.14 	commissioner shall provide in writing to the primary
4.15 	administrator any plans or intentions to inspect a pharmacy
4.16 	independently 14 days prior to an inspection, unless the
4.17 	inspection is an investigation of a complaint.
4.18 		Subd. 10.Drug list. Under Illinois' pharmacy benefits
4.19 	management agreement, only those prescription drugs approved by
4.20 	Illinois may be filled by the network pharmacies for the I-Save
4.21 	Rx program participants.  The joint work group shall review the
4.22 	approved drug list periodically and consider any proposed
4.23 	changes.  The approved drug list may not be modified without the
4.24 	consent of the joint work group.
4.25 		Subd. 11.Marketing, media relations, and outreach. The
4.26 	commissioner of human services shall coordinate, where mutually
4.27 	beneficial, media, and outreach efforts with participating
4.28 	states.  Additionally, the commissioner shall promote the
4.29 	participation of Minnesota residents in the I-Save Rx program.
4.30 	Minnesota may use the name, logo, Web site, and marketing
4.31 	materials that have been developed by Illinois; however, the
4.32 	Minnesota state seal and the governor's name may be added to the
4.33 	materials.  Minnesota understands that the pharmacy benefits
4.34 	manager shall pay I-Save Rx acquisition fees to the program to
4.35 	be used for activities as marketing, outreach, and additional
4.36 	inspections.  Minnesota shall be entitled to the pool of
5.1 	acquisition fees in an amount proportional to the percentage of
5.2 	I-Save Rx prescription drug sales attributable to Minnesota zip
5.3 	codes.
5.4 		Subd. 12.Cancellation. Minnesota or Illinois may
5.5 	withdraw from this agreement and terminate this cooperative
5.6 	relationship at any time, with or without cause, upon written
5.7 	notice to the other states.  Withdrawal by Minnesota may be
5.8 	accomplished by act of the legislature amending or repealing
5.9 	this section, or by the governor, with the approval of the
5.10 	senate and house committees with jurisdiction over this matter.
5.11 		Subd. 13.Liability. Neither Minnesota nor its agencies,
5.12 	employees, agents, or representatives taking any action as a
5.13 	result of this agreement shall have any liability for the acts
5.14 	or omissions of participating states or its agencies, employees,
5.15 	agents, or representatives in carrying out the activities
5.16 	governed by this agreement.  No participating state or its
5.17 	agencies, employees, agents, or representatives taking any
5.18 	action as a result of this agreement shall have any liability
5.19 	for the acts or omissions of Minnesota or its agencies,
5.20 	employees, agents, or representatives in carrying out the
5.21 	activities governed by this agreement.
5.22 		Subd. 14.State immunity. Minnesota shall not be liable
5.23 	for any injury or damage caused to a person from products
5.24 	obtained through the I-Save Rx program.
5.25 	
EFFECTIVE DATE. This section is effective the day
5.26 	following final enactment.

5.27 	Sec. 2. [256.9552] IMPLEMENTATION OF I-SAVE RX; PUBLICITY
5.28 	AND OUTREACH.
5.29 	(a) The commissioner of human services shall be responsible
5.30 	for implementing the I-Save Rx program.
5.31 	(b) Within 21 days of passage of section 256.9551 and this
5.32 	section, the commissioner of human services shall convene a
5.33 	working group to develop outreach and promotion tools related to
5.34 	the I-Save Rx program.
5.35 	(c) Members of the working group shall include the
5.36 	commissioners of human services and health, the ombudsman for
6.1 	older Minnesotans, or their respective designees; and at least
6.2 	one representative from each of the following organizations:
6.3 	area agencies on aging, community action agencies, the Minnesota
6.4 	State Council on Disability, the Minnesota medical society,
6.5 	Minnesota Board of Pharmacy, and AARP Minnesota; as well as
6.6 	interested consumers, advocates, and providers appointed by the
6.7 	commissioner of human services.

6.8 	EFFECTIVE DATE. This section is effective the day
6.9 	following final enactment.