POLST, Mid-Year Formulary Bill Heard in Senate Committee

March 2, 2023

Bills regarding POLST and mid-year formulary changes, two of the MMA’s legislative priorities, were heard in the Senate Health and Human Services Committee earlier this week.  

SF 441 (Morrison, DFL – Deephaven) was heard in the Senate Health and Human Services Committee on February 28. The bill,  the companion to HF 474 (Huot, DFL – Rosemount), would direct the health commissioner to study and implement a statewide database for Provider Orders for Life-Sustaining Treatment, or POLST, forms. The bill has now been heard in both the House and Senate, and has been laid over for inclusion in a future omnibus bill in each body.

“This legislation is needed to ensure that my patients’ expressed healthcare decisions at the end of life are followed and respected,” said MMA President Will Nicholson, MD, in support of the bill.

“Currently, when a provider authorizes a POLST form, the patient is given a paper copy,” explained Sen. Kelly Morrison, MD, of her bill. “If a patient misplaces the form, it gets damaged, or they don’t have it with them in an emergency, it’s likely their end-of-life preferences will not be followed. With today’s technology, patients should have their POLST form accessible without having a physical copy present.”

The committee also discussed and passed SF 328 (Mann, DFL – Bloomington) on Wednesday March 1. The bill prohibits insurers from forcing patients who are currently on a medication therapy to change drugs during the contract year. The bill also limits drug manufacturers from increasing the price of certain drugs once they have posted the price for an entire calendar year.

Deb Dittberner, MD, a family physician from Alexandria, Minnesota testified in favor of the bill noting how “frustrating it is when I have a patient stabilized on a medication that is working for her, and I hear the insurer or PBM (pharmacy benefit manager) changes its formulary, forcing my patient to change from the medication that is working.”

In addition to the POLST and formulary bills, the committee heard SF 302  (Mann, DFL – Bloomington), a bill that updates the All-Payer Claims Database (APCD) to require payers to report payment data that is not included in an insurance claim, such as value-based payments.  

The mid-year formulary bill was referred to the Commerce and Consumer Protection Committee and the APCD bill was referred to the Judiciary and Public Safety Committee.