Commerce Finance and Policy

THIRTEENTH MEETING

2021-2022 Regular Session - Tuesday, February 23, 2021

STATE OF MINNESOTA THIRTEENTH MEETING
HOUSE OF REPRESENTATIVES NINETY-SECOND SESSION

COMMERCE FINANCE AND POLICY COMMITTEE

MINUTES
Representative Carlie Kotyza-Witthuhn, Vice Chair of the Commerce Finance and Policy Committee, called the virtual meeting to order at 3:00 PM on February 23, 2021 pursuant to House rule 10.01. The meeting was broadcast via Zoom and House Public Information Services.

Members present:
STEPHENSON, Zack, Chair
KOTYZA-WITTHUHN, Carlie, Vice Chair
O’DRISCOLL, Tim, GOP Lead
BAHR, Cal
CARLSON, Andrew
DAVNIE, Jim
ELKINS, Steve
HALEY, Barb
KOEGEL, Erin
LEE, Fue
LILLIE, Leon
LISLEGARD, Dave
LUCERO, Eric
OLSON, Liz
PFARR, Brian
RASMUSSON, Jordan
RICHARDSON, Ruth
THEIS, Tama

A quorum was present.

Representative Olson moved to approve the minutes from the committee meeting on February 17, 2021. THE MOTION PREVAILED.

HF8 (Liebling); Commissioner of human services directed to establish prescription drug
purchasing program, and program authority and eligibility requirements specified.
Representative Kotyza-Witthuhn moved HF8 be recommended to be re-referred to the Health Finance and Policy Committee.

The following testified on HF8:
Vicki Cunningham, WV School of Pharmacy
Sarah Derr, MPhA

Public testimony:
Phil Griffin, Minnesota Association of County Health Plans
Dan Endreson, Minnesota Council of Health Plans
Peter Fjelstad, Pharmaceutical Research & Manufacturers of America

Representative Rasmusson moved the H0008A4 (Rasmusson) amendment and requested a roll call vote.

AYES
O’DRISCOLL, Tim, GOP Lead
BAHR, Cal
HALEY, Barb
LUCERO, Eric
PFARR, Brian
RASMUSSON, Jordan
THEIS, Tama

NAYS
STEPHENSON, Zack, Chair
KOTYZA-WITTHUHN, Carlie, Vice Chair
CARLSON, Andrew
DAVNIE, Jim
ELKINS, Steve
KOEGEL, Erin
LEE, Fue
LILLIE, Leon
LISLEGARD, Dave
OLSON, Liz

NOT VOTING
RICHARDSON, Ruth

With 7 AYES, 10 NAYS, and 1 NOT VOTING, THE MOTION DID NOT PREVAIL. THE AMENDMENT WAS NOT ADOPTED.

Representative Kotyza-Witthuhn renewed the motion that HF8 be recommended to be re-referred to the Health Finance and Policy Committee. The clerk took the roll.

AYES
STEPHENSON, Zack, Chair
KOTYZA-WITTHUHN, Carlie, Vice Chair
CARLSON, Andrew
DAVNIE, Jim
ELKINS, Steve
KOEGEL, Erin
LEE, Fue
LILLIE, Leon
LISLEGARD, Dave
OLSON, Liz
RICHARDSON, Ruth

NAYS
O’DRISCOLL, Tim, GOP Lead
BAHR, Cal
HALEY, Barb
LUCERO, Eric
PFARR, Brian
RASMUSSON, Jordan
THEIS, Tama

With a vote of 11 AYES and 7 NAYS, THE MOTION PREVAILED.

HF633 (Bierman); Individual and small group health plan offerings required to include predeductible, flat co-pay on prescription drug option.

Representative Kotyza-Witthuhn moved HF633 be recommended to be referred to the Health Finance and Policy Committee.

Representative Kotyza-Witthuhn moved the A21-0035 (Bierman) amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

The following testified on HF633:
Brian Arnold
Monica Theis
Dana Bacon

Public testimony:
Dan Endreson, Minnesota Council of Health Plans

Representative Kotyza-Witthuhn renewed the motion that HF633, as amended, be recommended to be referred to the Health Finance and Policy Committee. The clerk took the roll.

AYES
STEPHENSON, Zack, Chair
KOTYZA-WITTHUHN, Carlie, Vice Chair
CARLSON, Andrew
DAVNIE, Jim
ELKINS, Steve
KOEGEL, Erin
LEE, Fue
LILLIE, Leon
LISLEGARD, Dave
OLSON, Liz
RICHARDSON, Ruth

NAYS
O’DRISCOLL, Tim, GOP Lead
BAHR, Cal
HALEY, Barb
LUCERO, Eric
PFARR, Brian
RASMUSSON, Jordan
THEIS, Tama

With a vote of 11 AYES and 7 NAYS, THE MOTION PREVAILED.

HF1183 (Stephenson); Drug manufacturer or wholesale distributor prohibited from charging unconscionable prices for prescription drugs; Board of Pharmacy, commissioner of human services, and health plan companies required to notify attorney general of prescription drug price increases; attorney general authorized to take action against drug manufacturers and wholesalers; civil penalties imposed; and money appropriated.

Representative Stephenson moved HF1183 be recommended to be referred to Health Finance and Policy Committee.

The following testified on HF1183:
Attorney General Keith Ellison
Dawn Burnfin, SEIU

Public testimony:
Peter Fjelstad, PhRMA
Brett Michelin, Accessible Meds

Representative Stephenson moved the H1183DE1 (Stephenson) amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Stephenson moved the H1183A1 (Stephenson) amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Lucero moved the H1183A2 (Lucero) amendment. THE MOTION DID NOT PREVAIL. THE AMENDMENT WAS NOT ADOPTED.

Due to time constraints, Rep. Stephenson asked the bill be laid over for later consideration.

The meeting was adjourned at 4:46PM.

Representative Carlie Kotyza-Witthuhn, Vice-Chair

Simon Brown,
Committee Legislative Assistant

More Info On This Meeting..

Bills Added:

HF8 (Liebling) - Commissioner of human services directed to establish prescription drug purchasing program, and program authority and eligibility requirements specified.
HF633 (Bierman) - Individual and small group health plan offerings required to include predeductible, flat co-pay on prescription drug option.
HF1183 (Stephenson) - Excessive drug price increases prohibited by manufacturers to generic or off-patent drugs, attorney general authorized to take action against manufacturers for price increases, withdrawal of generic or off-patent drug sales prohibited, and civil penalties imposed.

Documents:

H1183DE1.pdf - 2/19/2021
H1183A2.pdf - 2/19/2021
0633 Bierman.lp.pdf - 2/22/2021
02.23.21 - MN - HF 8 - Prescription Drug Purchasing Program - statement - final.pdf - 2/22/2021
02.23.21 - MN - HF 1183 - Drug Price Gouging - statement - final2.pdf - 2/22/2021
10 Facts About Costs_10-01-20_November-Updates[2][3].pdf - 2/22/2021
PhRMA_MAT_MeetMAT_OnePager_FINAL_English[3].pdf - 2/22/2021
Supply Chain Slide[2].pdf - 2/22/2021
H1183A1.pdf - 2/22/2021
Commerce Minutes - 12 - 2.17.21.pdf - 2/22/2021
MACHP - Letter re HF8_2-22-21.pdf - 2/22/2021
Medicaid Carve Out-Summary-Minnesota.pdf - 2/22/2021
US Map - Medicaid Managed Care Prescription Benefit Reform - 2021_IPC.pdf - 2/22/2021
Vicki M. Cunningham Bio_1.21.pdf - 2/22/2021
Commerce Minutes - 12 - 2.17.21.pdf - 2/22/2021
2021-02 MN coalition letter HF 633 to Commerce.pdf - 2/22/2021
DOI letter to LLS re 4-2-58.docx.pdf - 2/22/2021
A21-0035.pdf - 2/22/2021
H0008A4-1.pdf - 2/22/2021
MHA Letter on HF 8, House Commerce, 2.23.2021.pdf - 2/22/2021
TakeAction Letter of Support for HF8.pdf - 2/23/2021
TakeAction MN Letter of Support H.F. 1183.pdf - 2/23/2021
House Commerce Committee Letter (002) (002).pdf - 2/23/2021

Audio:
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House TV Video:
View Archive

2:07 - HF8 (Liebling) Commissioner of human services directed to establish prescription drug purchasing program, and program authority and eligibility requirements specified.
42:48 - HF633 (Bierman) Individual and small group health plan offerings required to include predeductible, flat co-pay on prescription drug option.
1:18:00 - HF1183 (Stephenson) Drug manufacturer or wholesale distributor prohibited from charging unconscionable prices for prescription drugs; Board of Pharmacy, commissioner of human services, and health plan companies required to notify attorney general of prescription drug price increases; attorney general authorized to take action against drug manufacturers and wholesalers; civil penalties imposed; and money appropriated.
Runs 1 hour, 45 minutes.

Show Full Schedule Agenda:

HF 633 (Bierman) -Individual and small group health plan offerings required to include predeductible, flat co-pay on prescription drug option.

HF 8 (Liebling) - Commissioner of human services directed to establish prescription drug purchasing program, and program authority and eligibility requirements specified.
*NOTE: Discussion and amendments will be limited to Section 2 of the bill.*

HF 1183 (Stephenson) - A bill for an act relating to health; prohibiting a manufacturer or wholesale drug distributor from charging unconscionable prices for prescription drugs; requiring the Board of Pharmacy, the commissioner of human services, and health plan companies to notify the attorney general of certain prescription drug price increases; authorizing the attorney general to take action against drug manufacturers and wholesalers related to certain price increases; imposing civil penalties; appropriating money; amending Minnesota Statutes 2020, sections 8.31, subdivision 1; 151.071, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapter 151.

Items may be added or removed at the Chair’s discretion. Items may be taken up in any order.

This remote hearing may be viewed via the House webcast schedule page: https://www.house.leg.state.mn.us/htv/schedule.asp

*NOTE: HTV 1 and HTV 2 will provide live closed captioning. Video archives of meetings streamed on HTV 3, 4, and 5 will have closed captions added. Other reasonable accessibility accommodations may be made with advance notice.

If you have questions about the accessibility of remote hearings or require an accommodation, please contact Jenny Nash at: jenny.nash@house.mn or by leaving a message at 651-296-4122. PLEASE DO NOT contact Jenny regarding agenda items, testimony, or the substance of the hearing.

This remote hearing is taking place pursuant to Rule 10.01, which you may view here: https://www.house.leg.state.mn.us/cco/rules/permrule/1001.htm

Any meeting documents will be posted on the House Commerce committee website at https://www.house.leg.state.mn.us/Committees/Home/92003

To submit written testimony to be included in the official record, please email the Committee Administrator no later than 4:00 pm on Wednesday, February 24th, at adeline.miller@house.mn. To request to testify orally, please email the Committee Administrator as soon as possible (no less than 24 hours ahead of time preferred) at adeline.miller@house.mn.