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Minnesota enacts prohibition on spread pricing by pharmacy benefit managers

March 27, 2025 | Senate Bills, Introduced Bills, 2025 Bills, Minnesota Legislation Bills, Minnesota


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Minnesota enacts prohibition on spread pricing by pharmacy benefit managers
On March 27, 2025, the Minnesota State Legislature introduced Senate Bill 3063, a significant piece of legislation aimed at reforming the practices of pharmacy benefit managers (PBMs) in the state. This bill seeks to address growing concerns about transparency and fairness in the pharmaceutical supply chain, particularly regarding pricing and auditing practices.

One of the bill's key provisions is the prohibition of "spread pricing," a controversial practice where PBMs charge health plans more for a drug than they reimburse pharmacies, pocketing the difference. This practice has drawn criticism for contributing to higher drug costs for consumers and undermining the financial stability of pharmacies. By banning spread pricing, Senate Bill 3063 aims to create a more equitable system that could potentially lower prescription drug prices for patients.

Additionally, the bill outlines specific conditions under which pharmacy audits can be conducted, ensuring that audits are fair and justified. It stipulates that audits can only be performed if there is evidence of fraudulent claims, incorrect payments, or improper services rendered. This provision is designed to protect pharmacies from arbitrary or excessive audits that could threaten their operations.

The legislation also includes an appropriation for the fiscal years 2026 and 2027, allocating funds to the Minnesota Department of Commerce to enhance staff dedicated to investigating and enforcing regulations on PBMs. This move underscores the state's commitment to ensuring compliance and accountability within the pharmaceutical industry.

While the bill has garnered support from various stakeholders, including pharmacy advocates and consumer protection groups, it has faced opposition from some PBMs and insurance companies. Critics argue that the ban on spread pricing could lead to increased costs for health plans, which may ultimately be passed on to consumers. The debate surrounding the bill highlights the complex dynamics of healthcare financing and the ongoing struggle to balance cost control with access to medications.

The implications of Senate Bill 3063 extend beyond the immediate regulatory changes. If enacted, the bill could reshape the landscape of pharmaceutical pricing in Minnesota, potentially leading to lower costs for consumers and a more sustainable model for pharmacies. As the legislative process unfolds, stakeholders will be closely monitoring the discussions and amendments that may arise, as well as the potential impact on the broader healthcare system in the state.

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Scribe from Workplace AI
Scribe from Workplace AI