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1Section
1889. 238.399 (3) (am) of the statutes is repealed.
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2Section
1890. 238.399 (3) (e) of the statutes is created to read:
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238.399
(3) (e) If the corporation revokes all certifications for tax benefits
4within a designated enterprise zone, the corporation may cancel the designation of
5that enterprise zone. After canceling the designation of an enterprise zone, the
6corporation may designate a new enterprise zone subject to the limits of this
7subsection.
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8Section
1891. 250.048 of the statutes is created to read:
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9250.048 Prescription drug importation program. (1) Importation
10program requirements. The department, in consultation with persons interested in
11the sale and pricing of prescription drugs and appropriate officials and agencies of
12the federal government, shall design and implement a prescription drug importation
13program for the benefit of residents of this state, that generates savings for residents,
14and that satisfies all of the following:
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(a) The department shall designate a state agency to become a licensed
16wholesale distributor or to contract with a licensed wholesale distributor and shall
17seek federal certification and approval to import prescription drugs.
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(b) The prescription drug importation program under this section shall comply
19with relevant requirements of
21 USC 384, including safety and cost savings
20requirements.
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(c) The prescription drug importation program under this section shall import
22prescription drugs from Canadian suppliers regulated under any appropriate
23Canadian or provincial laws.
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1(d) The prescription drug importation program under this section shall have
2a process to sample the purity, chemical composition, and potency of imported
3prescription drugs.
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(e) The prescription drug importation program under this section shall import
5only those prescription drugs for which importation creates substantial savings for
6residents of the state and only those prescription drugs that are not brand-name
7drugs and that have fewer than 4 competitor prescription drugs in the United States.
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(f) The department shall ensure that prescription drugs imported under the
9program under this section are not distributed, dispensed, or sold outside of the
10state.
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(g) The prescription drug importation program under this section shall ensure
12all of the following:
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1. Participation by any pharmacy or health care provider in the program is
14voluntary.
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2. Any pharmacy or health care provider participating in the program has the
16appropriate license or other credential in this state.
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3. Any pharmacy or health care provider participating in the program charges
18a consumer or health plan the actual acquisition cost of the imported prescription
19drug that is dispensed.
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(h) The prescription drug importation program under this section shall ensure
21that a payment by a health plan or health insurance policy for a prescription drug
22imported under the program reimburses no more than the actual acquisition cost of
23the imported prescription drug that is dispensed.
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1(i) The prescription drug importation program under this section shall ensure
2that any health plan or health insurance policy participating in the program does all
3of the following:
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1. Maintains a formulary and claims payment system with current information
5on prescription drugs imported under the program.
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2. Bases cost-sharing amounts for participants or insureds under the plan or
7policy on no more than the actual acquisition cost of the prescription drug imported
8under the program that is dispensed to the participant or insured.
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3. Demonstrates to the department or a state agency designated by the
10department how premiums under the policy or plan are affected by savings on
11prescription drugs imported under the program.
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(j) Any wholesale distributor importing prescription drugs under the program
13under this section shall limit its profit margin to the amount established by the
14department or a state agency designated by the department.
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(k) The prescription drug importation program under this section may not
16import any generic prescription drug that would violate federal patent laws on
17branded products in this country.
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(L) The prescription drug importation program under this section shall comply
19to the extent practical and feasible before the prescription drug to be imported comes
20into possession of the state's wholesale distributor and fully after the prescription
21drug to be imported is in possession of the state's wholesale distributor with tracking
22and tracing requirements of
21 USC 360eee to
360eee-1.
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(m) The prescription drug importation program under this section shall
24establish a fee or other approach to finance the program that does not jeopardize
25significant savings to residents of the state.
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1(n) The prescription drug importation program under this section shall have
2an audit function that ensures all of the following:
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1. The department has a sound methodology to determine the most
4cost-effective prescription drugs to include in the importation program under this
5section.
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2. The department has a process in place to select Canadian suppliers that are
7high quality, high performing, and in full compliance with Canadian laws.
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3. Prescription drugs imported under the program are pure, unadulterated,
9potent, and safe.