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April 20, 2020


Governor Walz Lifts Some Outdoor Recreation Restrictions

On Friday, Governor Tim Walz announced Executive Order (E.O.) 20-38, lifting certain restrictions on outdoor activities, including: golfing, boating, fishing, hunting, and hiking (while following social distancing guidelines). The order went into effect Saturday, April 18 at 5:00 o’clock AM. The Order also allows some businesses to reopen, including golf courses and driving ranges, bait shops, outdoor shooting ranges and boating services; however, campgrounds, outdoor retailers, recreational equipment rental, charter boats and guided fishing remain closed. The governor’s office also urged that residents recreate close-to-home to avoid spreading COVID-19 and putting pressure on rural medical facilities.

Emergency Insulin Program Becomes Law

While the vast majority of legislative activity over the last month has been focused on the state’s response to COVID-19, legislators continue to work on a number of priority pieces of legislation, hoping to complete their work prior to the May 18, 2020 constitutional deadline to adjourn the session. One such initiative crossed the finish line last week when, on April 14, 2020, the Minnesota Legislature passed legislation creating a nation-leading emergency insulin program.

The compromise measure, known as the “Alec Smith Emergency Insulin Act” (named after a 21-year-old Minnesota man who died while rationing his insulin in 2017) is the result of nearly a year-and-a-half of negotiations between Senate and House leaders. The bill creates two new programs to provide assistance to insulin users: an emergency program and a longer-term affordability program.

The new emergency insulin program requires that pharmacies provide individuals in emergency need of insulin (i.e., they have less than a 7-day supply remaining) a 30-supply for no more than a $35 co-pay. Insulin manufacturers will reimburse pharmacies for the cost of emergency insulin or replace the insulin provided to patients. Access to an emergency supply of insulin is not limited based on the individual’s income.

The longer-term insulin affordability program requires that insulin manufacturers create or maintain an insulin assistance program as a condition of their license to operate in Minnesota that provides a 90-day supply of insulin for no more than $50. The manufacturer’s assistance program must be available to individuals or families whose income is less than 400% of federal poverty guidelines (about $51,000 for individuals or $104,800 for a family of four). 

Manufactures that fail to comply with the bill provisions would face up to $3.6 million in fines the first year and $7.2 million the second.

The bill passed with a vote of 111-22 in the House and unanimously, 67-0, in the Senate. Gov. Tim Walz signed the bill on April 15, 2020 and it became effective April 16, 2020.

 

Fourth COVID-19 Bill Passed

The Minnesota Legislature also passed a fourth COVID-response measure early last week. The bill modified certain licensing deadlines, requirements for in-person appearances, state programs, and other statutory requirements in response to the COVID-19 pandemic in Minnesota. The bill was not without controversy, particularly in the House of Representatives, where some Republican members balked at providing the Department of Health new authority to waive some state laws to respond to the COVID-19 challenges – including suspending certain standards to create temporary healthcare facilities and expand eligibility for telemedicine providers. 

While largely focused on no-cost policy changes, the measure did include a $1.25 million appropriation to Second Harvest Heartland for the purchase of food products for those in need. A full summary can be found here.

The bill passed the House 103-31 and the Senate 64-3. The Governor signed the bill into law on Wednesday, April 15. 

 

Senate and House Pass Beer and Wine To Go

The Minnesota Senate met on Thursday, April 16 to approve a measure to permit restaurants and bars that offer curbside food service during the COVID-19 closures to also sell beer and wine to go. Restaurants would be limited to one bottle of wine and a six-pack of beer, cider, or hard seltzer. Cities may opt-out of the law if desired. 

The bill was passed 65-2 in the Senate. The House Commerce committee met that same day to move the bill to the House floor where it was passed in a vote of 129-1 on Friday. 

The Governor has expressed his support of the bill and is expected to sign it early this week. 

    Please reach out to any of the Larkin Hoffman Government Relations team members with any questions. 



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    Larkin Hoffman provides counsel to a wide variety of ‎organizations, from ‎small businesses and nonprofits to  Fortune 500 companies, in ‎many areas of practice including ‎corporate and governance matters, litigation, real ‎estate, government relations, labor and employment, intellectual property, ‎information technology, ‎franchising and taxation. The firm also serves the needs of individuals in many ‎areas ‎including trusts and estates, personal injury and family law.

     

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