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Attorneys at Kutak Rock Provide Healthcare Round-up Ahead of Minnesota Legislative Session Second Half

News | February 27, 2024



Several health care bills were passed into law in Minnesota during the 2023 legislative session and more will be considered in the upcoming 2024 session when the Legislature reconvenes on February 12. Partner Jennifer Forbes, along with associates Jessica Anderson and Jacob Gray, summarized a few of these and future bills in an article for the January 2024 issue of Minnesota Physician.

You may find the full article here.

In 2023, Governor Tim Walz signed SF2744 into law, which addresses concerns regarding rising prescription drug costs by regulating pharmacy benefit managers (PBMs). The law defines "Clinician-Administered Drugs" and imposes restrictions on PBMs regarding benefit administration for these drugs. Additionally, SF2744 introduces co-pay caps for prescription drugs treating diabetes, asthma, and allergies requiring epinephrine auto-injectors.

Another significant bill signed into law in 2023, SF2995, allows the Minnesota Department of Human Services to enter into value-based purchasing arrangements with drug manufacturers under state healthcare plans. This measure aims to provide cost-saving alternatives through incentives such as discounts and rebates.

Moreover, SF2995 mandates pricing transparency for medical and dental practices, requiring them to disclose standard charges to the public using formats recommended by the Centers for Medicare and Medicaid Services (CMS).

Looking ahead to the 2024 legislative session, proposed bills include further reforms to regulate PBMs, such as SF246, which seeks to establish reimbursement practices and prevent unfair fees charged to pharmacies. Additionally, the End-Of-Life Option Act (SF1813/HF1930) would permit medical aid in dying for terminally ill patients, and SF220 aims to enforce hospital pricing transparency with penalties for non-compliance.

Looking forward, health care remains at the forefront of legislative and regulatory change.

Jennifer Forbes, Jacob Gray, and Jessica Anderson, emphasize the significance of physicians' voices in influencing legislative decisions and offer guidance on how physicians can effectively participate in the legislative process to advocate for their patients' interests.

Jennifer Forbes handles complex business transactions including business formation and planning, business acquisitions, intellectual property protection, contracting and joint ventures, and licensing agreements, sales, reorganizations, mergers and dissolutions.

Jessica Anderson, Jessica assists clients in a variety of corporate matters. Her work also includes school law, labor and employment law, and municipal law.

Jacob Gray advises various corporate and healthcare clients, including health systems, hospitals, ambulatory surgery centers, physician practices, and health plans. He regularly provides counsel to clients on federal and state regulatory, operational, and compliance matters, including state and federal fraud and abuse laws, Health Insurance Portability and Accountability Act (HIPAA), and the Patient Protection and Affordable Care Act (ACA). Jacob also regularly assists clients in negotiating and drafting agreements, including vendor, administrator, and business associate agreements.