1.1.................... moves to amend S. F. No. 2539 as follows:
1.2Page 64, after line 4, insert:


"1.5    Section 1. Minnesota Statutes 2015 Supplement, section 256B.0625, subdivision
1.613, is amended to read:
1.7    Subd. 13. Drugs. (a) Medical assistance covers drugs, except for fertility drugs
1.8when specifically used to enhance fertility, if prescribed by a licensed practitioner and
1.9dispensed by a licensed pharmacist, by a physician enrolled in the medical assistance
1.10program as a dispensing physician, or by a physician, physician assistant, or a nurse
1.11practitioner employed by or under contract with a community health board as defined in
1.12section 145A.02, subdivision 5, for the purposes of communicable disease control.
1.13(b) The dispensed quantity of a prescription drug must not exceed a 34-day supply,
1.14unless authorized by the commissioner and except as provided in paragraph (g).
1.15(c) For the purpose of this subdivision and subdivision 13d, an "active
1.16pharmaceutical ingredient" is defined as a substance that is represented for use in a drug
1.17and when used in the manufacturing, processing, or packaging of a drug becomes an
1.18active ingredient of the drug product. An "excipient" is defined as an inert substance
1.19used as a diluent or vehicle for a drug. The commissioner shall establish a list of active
1.20pharmaceutical ingredients and excipients which are included in the medical assistance
1.21formulary. Medical assistance covers selected active pharmaceutical ingredients and
1.22excipients used in compounded prescriptions when the compounded combination is
1.23specifically approved by the commissioner or when a commercially available product:
1.24(1) is not a therapeutic option for the patient;
1.25(2) does not exist in the same combination of active ingredients in the same strengths
1.26as the compounded prescription; and
2.1(3) cannot be used in place of the active pharmaceutical ingredient in the
2.2compounded prescription.
2.3(d) Medical assistance covers the following over-the-counter drugs when prescribed
2.4by a licensed practitioner or by a licensed pharmacist who meets standards established by
2.5the commissioner, in consultation with the board of pharmacy: antacids, acetaminophen,
2.6family planning products, aspirin, insulin, products for the treatment of lice, vitamins for
2.7adults with documented vitamin deficiencies, vitamins for children under the age of seven
2.8and pregnant or nursing women, and any other over-the-counter drug identified by the
2.9commissioner, in consultation with the formulary committee, as necessary, appropriate,
2.10and cost-effective for the treatment of certain specified chronic diseases, conditions,
2.11or disorders, and this determination shall not be subject to the requirements of chapter
2.1214. A pharmacist may prescribe over-the-counter medications as provided under this
2.13paragraph for purposes of receiving reimbursement under Medicaid. When prescribing
2.14over-the-counter drugs under this paragraph, licensed pharmacists must consult with
2.15the recipient to determine necessity, provide drug counseling, review drug therapy
2.16for potential adverse interactions, and make referrals as needed to other health care
2.17professionals. Over-the-counter medications must be dispensed in a quantity that is
2.18the lowest of: (1) the number of dosage units contained in the manufacturer's original
2.19package; (2) the number of dosage units required to complete the patient's course of
2.20therapy; or (3) if applicable, the number of dosage units dispensed from a system using
2.21retrospective billing, as provided under subdivision 13e, paragraph (b).
2.22(e) Effective January 1, 2006, medical assistance shall not cover drugs that
2.23are coverable under Medicare Part D as defined in the Medicare Prescription Drug,
2.24Improvement, and Modernization Act of 2003, Public Law 108-173, section 1860D-2(e),
2.25for individuals eligible for drug coverage as defined in the Medicare Prescription
2.26Drug, Improvement, and Modernization Act of 2003, Public Law 108-173, section
2.271860D-1(a)(3)(A). For these individuals, medical assistance may cover drugs from the
2.28drug classes listed in United States Code, title 42, section 1396r-8(d)(2), subject to this
2.29subdivision and subdivisions 13a to 13g, except that drugs listed in United States Code,
2.30title 42, section 1396r-8(d)(2)(E), shall not be covered.
2.31(f) Medical assistance covers drugs acquired through the federal 340B Drug Pricing
2.32Program and dispensed by 340B covered entities and ambulatory pharmacies under
2.33common ownership of the 340B covered entity. Medical assistance does not cover drugs
2.34acquired through the federal 340B Drug Pricing Program and dispensed by 340B contract
2.35pharmacies.
2.36(g) Medical assistance coverage for a prescription contraceptive must provide:
3.1(1) a three-month supply for the first dispensing of a covered prescription
3.2contraceptive; and
3.3(2) a 12-month supply for any subsequent dispensing of the same prescription
3.4contraceptive, regardless of whether the insured was covered by medical assistance or the
3.5health plan at the time of the first dispensing.
3.6For purposes of this paragraph, "prescription contraceptive" means any drug or device that
3.7requires a prescription and is approved by the United States Food and Drug Administration
3.8to prevent pregnancy. For purposes of this paragraph, "health plan" has the meaning
3.9provided in section 62Q.01, subdivision 3.
3.10EFFECTIVE DATE.This section applies to medical assistance and MinnesotaCare
3.11coverage effective January 1, 2017.
"3.12Renumber the sections in sequence and correct the internal references
3.13Amend the title accordingly