Federal approval.

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(1) On or before September 1, 2020, the state department shall submit a request to the United States secretary of health and human services for approval of the program under 21 U.S.C. sec. 384. The state department shall begin operating the program not later than six months after receiving such approval. The request must, at a minimum:

  1. Describe the state department's plan for operating the program;

  2. Demonstrate how the prescription drugs imported into the state under the programwill meet the applicable federal and state standards for safety, effectiveness, misbranding, and adulteration;

  3. Include a list of prescription drugs that have the highest potential for cost savings tothe state through importation at the time that the request is submitted;

  4. Estimate the total cost savings attributable to the program; and

  5. Include a list of potential Canadian suppliers from which the state would importprescription drugs and demonstrate that the suppliers are in full compliance with relevant Canadian federal and provincial laws and regulations.

  1. Notwithstanding any provision of this part 2 to the contrary, the state departmentmay expend money for the purpose of requesting approval of the program as described in subsection (1) of this section but the state department shall not spend any other money to implement the program until the state department receives approval of the program as described in said subsection (1).

  2. Upon receipt of federal approval of the program, the state department shall notify thepresident of the senate and the speaker of the house of representatives, as well as the health and human services committee of the senate and the health and insurance committee of the house of representatives, or any successor committees. After approval is received and before the start of the next regular session of the general assembly in which the proposal could be funded, the state department shall submit to all parties specified in this subsection (3) a proposal for program implementation and program funding.

Source: L. 2019: Entire part added, (SB 19-005), ch. 184, p. 2071, § 3, effective August 2.


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