SF1876 (Legislative Session 94 (2025-2026))
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
Related bill: HF1076
AI Generated Summary
This bill, introduced in the Minnesota Senate as S.F. No. 1876, aims to regulate pharmacy benefit managers (PBMs) and health carriers by requiring them to include lower-cost drugs in their formularies. It establishes rules to ensure that health plan formularies:
Inclusion of Lower-Cost Drugs:
- If a brand-name drug is included in a formulary, the equivalent lower-cost generic drug must also be included.
- If a generic drug is included, the lower-cost brand-name drug must also be included (if applicable).
- If a brand-name biologic drug is included, the equivalent lower-cost biosimilar must also be included.
- If a biosimilar is included, the lower-cost brand-name biologic must also be included (if applicable).
- If a brand-name drug is included in a formulary, the equivalent lower-cost generic drug must also be included.
Quick Addition of Newly Approved Lower-Cost Drugs:
- When a newly approved generic or biosimilar drug has a lower wholesale acquisition cost than the lowest-cost equivalent drug already on the formulary, it must be added immediately.
- When a newly approved generic or biosimilar drug has a lower wholesale acquisition cost than the lowest-cost equivalent drug already on the formulary, it must be added immediately.
Formulary Structure and Tiering:
- PBMs and health carriers must structure their formularies in a way that favors the drug (brand-name drug, generic, biologic, or biosimilar) with the lowest out-of-pocket costs for the patient.
- Restrictions like prior authorization, step therapy, or other coverage limitations cannot be applied to the lowest-cost drug.
- Pharmacies must not be restricted from enabling patient access to the lowest-cost drug.
- PBMs and health carriers must structure their formularies in a way that favors the drug (brand-name drug, generic, biologic, or biosimilar) with the lowest out-of-pocket costs for the patient.
The bill would be codified under Minnesota Statutes Chapter 62W and is intended to help patients access more affordable prescription medications by prioritizing drugs with the lowest costs to consumers.
Actions
Date | Chamber | Where | Type | Name | Committee Name |
---|---|---|---|---|---|
February 26, 2025 | House | Floor | Action | Introduction and first reading | |
February 26, 2025 | Senate | Floor | Action | Introduction and first reading | |
February 26, 2025 | House | Floor | Action | Referred to | Health and Human Services |
February 26, 2025 | Senate | Floor | Action | Referred to | Commerce and Consumer Protection |
March 12, 2025 | Senate | Floor | Action | Comm report: To pass as amended and re-refer to | Health and Human Services |
March 26, 2025 | Senate | Floor | Action | Comm report: To pass as amended and re-refer to | Commerce and Consumer Protection |
Citations
[ { "analysis": { "added": [], "removed": [], "summary": "Definitions related to 'biologic' for the purposes of health-related legislation.", "modified": [] }, "citation": "62J.86", "subdivision": "subdivision 3" }, { "analysis": { "added": [], "removed": [], "summary": "Provides definitions for 'biosimilar' and 'brand name drug'.", "modified": [] }, "citation": "62J.84", "subdivision": "subdivision 2" }, { "analysis": { "added": [], "removed": [], "summary": "Definition of 'health plan' in Minnesota Statutes.", "modified": [] }, "citation": "62A.011", "subdivision": "subdivision 3" } ]