Minnesota 2023-2024 Regular Session

Minnesota House Bill HF5469

Introduced
5/13/24  

Caption

Pharmacy benefit managers and health carriers required to include lower-cost drugs in their formularies, and formulary structure and formulary tiering for each health plan required to give preference to drug with lowest out-of-pocket cost to patient.

Impact

If enacted, HF5469 would result in significant changes to the existing healthcare regulations in Minnesota, particularly affecting how PBMs and health carriers handle the inclusion of drugs in their formularies. The bill mandates that if a brand name drug is available in a formulary, the equivalent lower-cost generic or biosimilar must also be included. This could encourage more competitive pricing among drug manufacturers and could potentially lead to lower overall healthcare costs for patients. Additionally, it prevents insurers from imposing barriers to access, such as prior authorization, for the lowest-cost options.

Summary

House Bill 5469 proposes measures to regulate how pharmacy benefit managers (PBMs) and health carriers structure their drug formularies. The core intent of the bill is to ensure that lower-cost drugs—specifically generics and biosimilars—are included in formularies, prioritizing those with lower out-of-pocket costs for patients. This is aimed at making medications more affordable and accessible for consumers, aligning with broader health policy goals of affordability in healthcare.

Contention

However, the bill may face opposition from various stakeholders within the healthcare industry. Concerns have been raised regarding how such policies may impact the ability of PBMs to manage formularies effectively and the financial implications for insurance providers. Critics argue that while the intention of lowering out-of-pocket costs is clear, the implementation of such a requirement could lead to unintended consequences, including reduced access to certain medications if manufacturers choose to withdraw products from formularies or if price negotiations become strained.

Notable_points

Furthermore, the provisions of HF5469 are set to take effect on January 1, 2025, giving stakeholders time to adjust to the new regulatory environment. The discussions around this bill also emphasize the broader context of healthcare reform efforts in Minnesota, highlighting a collective move towards prioritizing patient choice and affordability as key components of state health policy in the coming years.

Companion Bills

No companion bills found.

Previously Filed As

MN HF1076

Pharmacy benefit managers and health carriers required to include lower-cost drugs in their formularies, and formulary structure and formulary tiering for each health plan required to give preference to the drug with the lowest out-of-pocket cost to the patient.

MN SF1876

Pharmacy benefit managers and health carriers inclusion of lower-cost drugs in formularies requirement provision and lowest out-of-pocket-cost drug to patient formulary tiering preference provision

MN HF1076

Status in the House - 94th Legislature (2025 - 2026)

MN AB2000

Drug formularies.

MN HB2329

Health insurance; prescription drug formularies.

MN SB393

Health Insurance - Prescription Drug Formularies and Coverage for Generic Drugs and Biosimilars

MN HB529

Health Insurance - Prescription Drug Formularies and Coverage for Generic Drugs and Biosimilars

MN HB870

Provides relative to formulary placement and cost-sharing requirements for certain generic drugs and biosimilars (EN NO IMPACT See Note)

MN SB00196

An Act Limiting Changes To Prescription Drug Formularies For Psychiatric Prescription Drugs.

MN SF1877

Pharmacy benefit managers and health carriers usage of prescription drug rebates and other compensation requirement to benefit covered persons provision

Similar Bills

NJ A1510

Improves access to lower cost generic and biosimilar drugs and revises certain requirements regarding dispensing of biosimilar drugs by pharmacies.*

MN HF1076

Pharmacy benefit managers and health carriers required to include lower-cost drugs in their formularies, and formulary structure and formulary tiering for each health plan required to give preference to the drug with the lowest out-of-pocket cost to the patient.

MN SF1876

Pharmacy benefit managers and health carriers inclusion of lower-cost drugs in formularies requirement provision and lowest out-of-pocket-cost drug to patient formulary tiering preference provision

MN HF1076

Status in the House - 94th Legislature (2025 - 2026)

NJ S4222

Improves access to lower-cost generic and biosimilar drugs.

LA HB870

Provides relative to formulary placement and cost-sharing requirements for certain generic drugs and biosimilars (EN NO IMPACT See Note)

NY A11256

Requires health plan coverage to include generic drugs and biosimilars where the wholesale acquisition cost of such generic drugs or biosimilars is lower than the brand drug's wholesale acquisition cost.

AR SB140

To Mandate The Use Of Biosimilar Medicines Under Health Benefit Plans; To Require A Healthcare Provider To Prescribe Biosimilar Medicines; And To Improve Access To Biosimilar Medicines.