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HF100 NINTH ENGROSSMENT REVISOR BD 1­10100-9 <br />238.1 (c) The commissioner shall not retain any data received under paragraph (a) } that <br />238.2 does not relate to an individual receiving publicly funded assistance under chapter 256D or <br />238.3 256J. <br />238.4 <br />238.5 <br />238.6 <br />238.7 the date of the data tfansfef. The eommissionef sh.allper� <br />238.8 Pftfagf "a'vh (b) felated to this data md shall fetain the data aeeofdi:.LnL8g t0l pEffagfaph (e) <br />238.9 Sec. 31. Minnesota Statutes 2022, section 256B.0625, subdivision 13d, is amended to <br />238.10 read: <br />238.11 Subd. 13d. Drug formulary. (a) The commissioner shall establish a drug formulary. Its <br />238.12 establishment and publication shall not be subject to the requirements of the Administrative <br />238.13 Procedure Act, but the Formulary Committee shall review and comment on the formulary <br />238.14 contents. <br />238.15 (b) The formulary shall not include: <br />238.16 (1) drugs, active pharmaceutical ingredients, or products for which there is no federal <br />238.17 funding; <br />238.18 (2) over-the-counter drugs, except as provided in subdivision 13; <br />238.19 (3) drugs or active pharmaceutical ingredients when used for the treatment of impotence <br />238.20 or erectile dysfunction; <br />238.21 (4) drugs or active pharmaceutical ingredients for which medical value has not been <br />238.22 established; <br />238.23 (5) drugs from manufacturers who have not signed a rebate agreement with the <br />238.24 Department of Health and Human Services pursuant to section 1927 of title XIX of the <br />238.25 Social Security Act; and <br />238.26 (6) medical cannabis flower as defined in section z ��.��, subdivision <br />6 342.01, <br />238.27 subdivision 52, or medical cannabinoid products as defined in section 342.01, subdivision <br />238.28 50. <br />238.29 (c) If a single -source drug used by at least two percent of the fee -for -service medical <br />238.3o assistance recipients is removed from the formulary due to the failure of the manufacturer <br />238.31 to sign a rebate agreement with the Department of Health and Human Services, the <br />238.32 commissioner shall notify prescribing practitioners within 30 days of receiving notification <br />Article 6 Sec. 31. 238 <br />