Legislative Special Session Brings Some Wins for Pharmacy

From Minnesota Pharmacy Alliance lobbyist Buck Humphrey, written July 1: Early Thursday morning, the 2021 Special Session came to a close with passage of the Tax omnibus legislation. The Minnesota House stands adjourned until Jan. 31, 2022. All 14 omnibus budget bills were adopted and signed by Gov. Walz by midnight on June 30, averting a state government shutdown. Earlier in the week, the Minnesota House and Senate agreed to a compromise Health and Human Services Omnibus budget Act, SS. HF33 - DE Amend (A21) HHS . The HHS Omnibus final legislative language includes several provisions that the Minnesota Pharmacy Alliance (MPA) and its members (MPhA, MSHP and the University of Minnesota College of Pharmacy) are interested in.

This year, Minnesota pharmacy had several priorities at the legislature. Most were achieved, a few bills that we advocated against were not included in the HHS budget bill and several provisions that were not priorities of MPA, but nonetheless affect pharmacy, were included in the Omnibus bill. MPA, MPhA & MSHP priority legislation enacted through the 2021 House and Senate HFP/HHS Omnibus budget legislation, HF33:

Medical Assistance (MA/MN Medicaid) pharmacy outpatient reimbursement (Benson/Gruenhagen):

The final HHS Omnibus budget legislation includes a dispensing reimbursement rate of $10.77 for all Medical Assistance (Medicaid) prescriptions dispensed, up from the current $10.48 reimbursement rate. The governor’s budget proposal included a recommendation from DHS of a reimbursement rate of $9.91. This considerably below-cost reimbursement rate would have been extremely detrimental to community pharmacy in Minnesota. After considerable lobbying by MPA and MPhA members, both the Senate and House ended up adopting and including a MA outpatient pharmacy dispensing reimbursement rate of $10.77 and including language mandating that the next DHS Cost of Dispensing Survey (CODS) also break out a specialty medication dispensing rate and a non-specialty dispensing rate. The next CODS will take place in 2023.

Telehealth reform – the Minnesota Telehealth Act (Rosen/Morrison) – permanent remote MTM

Article 6 of HF33, the HHS omnibus legislation, modifies coverage for services and consultations delivered through telehealth under private health plan coverage and public health care coverage. The telehealth provisions contained in HF33 build off current law requiring insurers to pay the same for telehealth as they do for in-person care.
The legislation is critical to pharmacies and their patients who want to continue their remote medication therapy management (MTM). The legislation deletes current Minnesota statute that requires an in-person visit and makes pharmacy remote Medication Therapy Management (MTM) permanent. Since the pandemic, MTM has seen a substantial increase in use — and most importantly, adherence to prescription medication use. The HHS Omnibus legislative language also changes current Minnesota statute by including the delivery of health care services and consultations when using interactive audio/visual communication when the patient and health care provider are in different locations.

This patient-centered care allows them to access telehealth from their home without the need to travel, removing a barrier to receiving needed health care throughout the state. It covers telephone coverage for those without access to technology or broadband and helps address Minnesota’s health disparities. The telehealth provisions also make it easier for patients in all corners of the state to receive needed care from specialists, including mental health providers. The legislation requires a study of the impact of telehealth on access, cost, disparities, and innovation.