AB1-ASA1,73
16Section 73
. 450.01 (11m) of the statutes is amended to read:
AB1-ASA1,35,1917
450.01
(11m) “Facility" means a location where a wholesale distributor
or
183rd-party logistics provider stores,
distributes, handles, repackages, or offers
for
19sale other services related to prescription drugs.
AB1-ASA1,74
20Section 74
. 450.01 (13w) of the statutes is created to read:
AB1-ASA1,36,221
450.01
(13w) “Out-of-state 3rd-party logistics provider” means a person
22located outside this state that contracts with a prescription drug manufacturer to
23provide or coordinate warehousing, distribution, or other services within this state
24on behalf of the manufacturer but that does not take title to the manufacturer's
1prescription drug or have general responsibility to direct the prescription drug's sale
2or disposition.
AB1-ASA1,75
3Section 75
. 450.01 (21s) of the statutes is amended to read:
AB1-ASA1,36,84
450.01
(21s) “
Third party
Third-party logistics provider" means a person that
5contracts with a prescription drug manufacturer to provide or coordinate
6warehousing, distribution, or other services on behalf of the manufacturer but that
7does not take title to the manufacturer's prescription drug or have general
8responsibility to direct the prescription drug's sale or disposition.
AB1-ASA1,76
9Section 76
. 450.01 (23) (p) of the statutes is created to read:
AB1-ASA1,36,1110
450.01
(23) (p) The services of a 3rd-party logistics provider or out-of-state
113rd-party logistics provider.
AB1-ASA1,77
12Section 77
. 450.02 (1) of the statutes is amended to read:
AB1-ASA1,36,1813
450.02
(1) The department shall keep a record of the proceedings and a register
14of the names and places of practice or business of pharmacies, manufacturers,
15wholesale distributors
, 3rd-party logistics providers, out-of-state 3rd-party
16logistics providers, and other persons licensed under this chapter, and the books,
17registers and records of the department shall be prima facie evidence of the matters
18recorded.
AB1-ASA1,78
19Section 78
. 450.075 of the statutes is created to read:
AB1-ASA1,36,25
20450.075 Third-party logistics providers; licensure. (1) License allowed.
21A person acting as a 3rd-party logistics provider or an out-of-state 3rd-party
22logistics provider of any drug or device may apply to obtain a license from the board
23under this section. Where operations are conducted at more than one facility, a
24person acting as a 3rd-party logistics provider or out-of-state 3rd-party logistics
25provider may apply to obtain a license from the board for each such facility.
AB1-ASA1,37,3
1(2) Application. An applicant for a license under this section shall submit a
2form provided by the board showing all of the following and swear or affirm the
3truthfulness of each item in the application:
AB1-ASA1,37,44
(a) The name, business address, and telephone number of the applicant.
AB1-ASA1,37,55
(b) All trade or business names used by the applicant.
AB1-ASA1,37,86
(c) Names, addresses, and telephone numbers of contact persons for all
7facilities used by the applicant for the warehousing, distribution, or other services
8on behalf of the manufacturer of prescription drugs.
AB1-ASA1,37,99
(d) The type of ownership or operation for the applicant's business.
AB1-ASA1,37,1110
(e) If the applicant's 3rd-party logistics provider business is a partnership, the
11name of each partner and the name of the partnership.
AB1-ASA1,37,1412
(f) If the applicant's 3rd-party logistics provider business is a corporation, the
13name of each corporate officer and director, the name of the corporation, and the state
14of incorporation.
AB1-ASA1,37,1615
(g) If the applicant's 3rd-party logistics provider business is a sole
16proprietorship, the name of the sole proprietor and the name of the business entity.
AB1-ASA1,37,1817
(h) A list of all licenses and permits issued to the applicant by any other state
18that authorizes the applicant to warehouse or distribute prescription drugs.
AB1-ASA1,37,1919
(i) The name, address, and telephone number of a designated representative.
AB1-ASA1,37,2120
(j) For the person identified as the designated representative in par. (i), a
21personal information statement that contains all of the following:
AB1-ASA1,37,2222
1. The person's date and place of birth.
AB1-ASA1,37,2423
2. The person's place of residence for the 7-year period immediately preceding
24the date of the application.
AB1-ASA1,38,2
13. The person's occupations, positions of employment, and offices held during
2the 7-year period immediately preceding the date of the application.
AB1-ASA1,38,43
4. The name and addresses for each business, corporation, or other entity listed
4in subd. 3.
AB1-ASA1,38,85
5. A statement indicating whether the person has been, during the 7-year
6period immediately preceding the date of the application, the subject of any
7proceeding for the revocation of any business or professional license and the
8disposition of the proceeding.
AB1-ASA1,38,139
6. A statement indicating whether the person has been, during the 7-year
10period immediately preceding the date of the application, enjoined by a court, either
11temporarily or permanently, from possessing, controlling, or distributing any
12prescription drug, and a description of the circumstances surrounding the
13injunction.
AB1-ASA1,38,1814
7. A description of any involvement by the person during the past 7 years with
15any business, including investments other than the ownership of stock in a publicly
16traded company or mutual fund, that manufactured, administered, prescribed,
17distributed, or stored pharmaceutical products or drugs, and a list of any lawsuits
18in which such a business was named as a party.
AB1-ASA1,38,2419
8. A description of any misdemeanor or felony criminal offense of which the
20person was, as an adult, found guilty, whether adjudication of guilt was withheld or
21the person pleaded guilty or no contest. If the person is appealing a criminal
22conviction, the application shall include a copy of the notice of appeal, and the person
23shall submit a copy of the final disposition of the appeal not more than 15 days after
24a final disposition is reached.
AB1-ASA1,39,2
19. A photograph of the person taken within the 12-month period immediately
2preceding the date of the application.
AB1-ASA1,39,73
(k) A statement that each facility used by the applicant for 3rd-party logistics
4provider services has been inspected in the 3-year period immediately preceding the
5date of the application by the board, a pharmacy examining board of another state,
6the National Association of Boards of Pharmacy, or another accrediting body
7recognized by the board, with the date of each such inspection.
AB1-ASA1,39,10
8(3) Licensure. The board shall grant a license to an applicant to act as a
93rd-party logistics provider or an out-of-state 3rd-party logistics provider if all of
10the following apply:
AB1-ASA1,39,1111
(a) The applicant pays the fee specified in s. 440.05 (1).
AB1-ASA1,39,1412
(b) The inspections conducted pursuant to sub. (2) (k) satisfy requirements
13adopted by the board for 3rd-party logistics providers or out-of-state 3rd-party
14logistics providers.
AB1-ASA1,39,1615
(c) All of the following apply to each person identified by the applicant as a
16designated representative:
AB1-ASA1,39,1717
1. The person is at least 21 years old.
AB1-ASA1,39,2018
2. The person has been employed full time for at least 3 years in a pharmacy
19or with a wholesale prescription drug distributor in a capacity related to the
20dispensing of and distribution of, and record keeping related to, prescription drugs.
AB1-ASA1,39,2121
3. The person is employed by the applicant full time in a managerial position.
AB1-ASA1,40,222
4. The person is physically present at the 3rd-party logistics provider's or
23out-of-state 3rd-party logistics provider's facility during regular business hours
24and is involved in and aware of the daily operation of the 3rd-party logistics provider
25or the out-of-state 3rd-party logistics provider. This subdivision does not preclude
1the person from taking authorized sick leave and vacation time or from being absent
2from the facility for other authorized business or personal purposes.
AB1-ASA1,40,43
5. The person is actively involved in and aware of the daily operation of the
43rd-party logistics provider or the out-of-state 3rd-party logistics provider.
AB1-ASA1,40,95
6. The person is a designated representative for only one applicant at any given
6time. This subdivision does not apply if more than one 3rd-party logistics provider
7or out-of-state 3rd-party logistics provider is located at the facility and the
83rd-party logistics providers or out-of-state 3rd-party logistics providers located at
9the facility are members of an affiliated group.
AB1-ASA1,40,1110
7. The person has not been convicted of violating any federal, state, or local law
11relating to distribution of a controlled substance.
AB1-ASA1,40,1212
8. The person has not been convicted of a felony.
AB1-ASA1,40,1713
9. The person submits to the department 2 fingerprint cards, each bearing a
14complete set of the applicant's fingerprints. The department of justice shall provide
15for the submission of the fingerprint cards to the federal bureau of investigation for
16purposes of verifying the identity of the person and obtaining the person's criminal
17arrest and conviction record.
AB1-ASA1,40,1918
(d) The applicant satisfies any other requirements established by the board by
19rule.
AB1-ASA1,40,25
20(4) Rules. The board shall promulgate rules implementing this section. The
21rules shall ensure compliance with the federal drug supply chain security act,
21
22USC 360eee, et seq. The board may not promulgate rules that impose requirements
23more strict than the federal drug supply chain security act, or any regulations passed
24under the federal drug supply chain security act. The board may not promulgate
25rules that require a license under this section.
AB1-ASA1,41,4
1(5) Access to records. Applications for licensure under this section are not
2subject to inspection or copying under s. 19.35, and may not be disclosed to any
3person except as necessary for compliance with and enforcement of the provisions of
4this chapter.
AB1-ASA1,41,9
5(6) Applicability. This section does not apply if the board determines that the
6federal food and drug administration has established a licensing program for
73rd-party logistics providers under
21 USC 360eee-3 and that licensing by this state
8of resident 3rd-party logistics providers is not required for a resident 3rd-party
9logistics provider to provide 3rd-party logistics provider services in another state.
AB1-ASA1,79
10Section 79
. 450.11 (5) (br) 2. d. of the statutes is amended to read:
AB1-ASA1,41,1311
450.11
(5) (br) 2. d. A pharmacist may not extend a prescription order under
12subd. 1. for a particular patient if a prescription order was previously extended under
13subd. 1. for that patient during the
applicable period described in subd. 3.
AB1-ASA1,80
14Section 80
. 450.11 (5) (br) 3. of the statutes is renumbered 450.11 (5) (br) 3.
15(intro.) and amended to read:
AB1-ASA1,41,1616
450.11
(5) (br) 3. (intro.) This paragraph applies only
during as follows:
AB1-ASA1,41,19
17a. During the public health emergency declared on March 12, 2020, by
18executive order 72, and for 30 days after the conclusion of that public health
19emergency.
During that time,
AB1-ASA1,41,21
204. While this paragraph
applies as specified in subd. 3., it supersedes par. (bm)
21to the extent of any conflict.
AB1-ASA1,81
22Section 81
. 450.11 (5) (br) 3. b. of the statutes is created to read:
AB1-ASA1,41,2423
450.11
(5) (br) 3. b. During the period beginning on the effective date of this
24subd. 3. b. .... [LRB inserts date], and ending on December 31, 2021.
AB1-ASA1,82
1Section
82. 609.205 (2) and (3) (intro.) and (a) of the statutes are amended to
2read:
AB1-ASA1,42,63
609.205
(2) All of the following apply to a defined network plan or preferred
4provider plan
during the state of emergency related to public health declared under
5s. 323.10 on March 12, 2020, by executive order 72, and for the 60 days following the
6date that the state of emergency terminates before January 1, 2022:
AB1-ASA1,42,147
(a) The plan may not require an enrollee to pay, including cost sharing, for a
8service, treatment, or supply provided by a provider that is not a participating
9provider in the plan's network of providers more than the enrollee would pay if the
10service, treatment, or supply is provided by a provider that is a participating
11provider. This subsection applies to any service, treatment, or supply that is related
12to diagnosis or treatment for COVID-19 and to any service, treatment, or supply that
13is provided by a provider that is not a participating provider because a participating
14provider is unavailable due to the
public health emergency COVID-19 pandemic.
AB1-ASA1,42,1915
(b) The plan shall reimburse a provider that is not a participating provider for
16a service, treatment, or supply provided under the circumstances described under
17par. (a) at
225 250 percent of the rate the federal Medicare program reimburses the
18provider for the same or a similar service, treatment, or supply in the same
19geographic area.
AB1-ASA1,42,25
20(3) (intro.)
During the state of emergency related to public health declared
21under s. 323.10 on March 12, 2020, by executive order 72, and for the 60 days
22following the date that the state of emergency terminates Before January 1, 2022,
23all of the following apply to any health care provider or health care facility that
24provides a service, treatment, or supply to an enrollee of a defined network plan or
25preferred provider plan but is not a participating provider of that plan:
AB1-ASA1,43,4
1(a) The health care provider or facility shall accept as payment in full any
2payment by a defined network plan or preferred provider plan that is at least
225 250 3percent of the rate the federal Medicare program reimburses the provider for the
4same or a similar service, treatment, or supply in the same geographic area.
AB1-ASA1,83
5Section 83
. 609.719 of the statutes is created to read:
AB1-ASA1,43,7
6609.719 Telehealth services. Limited service health organizations,
7preferred provider plans, and defined network plans are subject to s. 632.871.
AB1-ASA1,84
8Section 84
. 609.887 of the statutes is created to read:
AB1-ASA1,43,11
9609.887 Coverage of COVID-19 for health care workers. Defined
10network plans, preferred provider plans, and limited service health organizations
11are subject to s. 632.895 (14f).
AB1-ASA1,85
12Section 85
. 632.871 of the statutes is created to read:
AB1-ASA1,43,13
13632.871 Telehealth services. (1)
Definitions. In this section:
AB1-ASA1,43,1414
(a) “Disability insurance policy” has the meaning given in s. 632.895 (1) (a).
AB1-ASA1,43,1515
(b) “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).
AB1-ASA1,43,1916
(c) “Telehealth” means a practice of health care delivery, diagnosis,
17consultation, treatment, or transfer of medically relevant data by means of audio,
18video, or data communications that are used either during a patient visit or
19consultation or are used to transfer medically relevant data about a patient.
AB1-ASA1,43,23
20(2) Coverage denial prohibited. No disability insurance policy or self-insured
21health plan may deny coverage before January 1, 2022, for a treatment or service
22provided through telehealth if that treatment or service is covered by the policy or
23plan when provided in person by a health care provider.
AB1-ASA1,43,25
24(3) Rule making. The commissioner may promulgate any rules necessary to
25implement this section.
AB1-ASA1,86
1Section
86. 632.895 (14f) of the statutes is created to read:
AB1-ASA1,44,32
632.895
(14f) Coverage of COVID-19 for health care workers. (a) In this
3subsection:
AB1-ASA1,44,44
1. “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.
AB1-ASA1,44,55
2. “Frontline health care worker” has the meaning given in s. 16.34 (1).
AB1-ASA1,44,166
(b) Every disability insurance policy, and every self-insured health plan of the
7state or of a county, city, town, village, or school district, that generally covers testing
8and treatment for infectious diseases shall provide coverage of testing and any
9treatment that is medically necessary and reasonably related to COVID-19 or any
10other communicable disease or complications of COVID-19 or other communicable
11disease for frontline health care workers who have been diagnosed with or are a
12patient under investigation for having COVID-19 or any other communicable
13disease, without imposing any copayment or coinsurance on the individual covered
14under the policy or plan. An insurer may apply for a grant from the department of
15administration for a subsidy for the costs of this coverage, as set forth in s. 16.34 (4)
16(b).
AB1-ASA1,87
17Section 87
. 632.895 (14g) (b) of the statutes is repealed and recreated to read:
AB1-ASA1,44,2418
632.895
(14g) (b) Before January 1, 2022, every disability insurance policy, and
19every self-insured health plan of the state or of a county, city, town, village, or school
20district, that generally covers testing and treatment for infectious diseases shall
21provide coverage of diagnosis of and testing and treatment for COVID-19, including
22any prescription drugs, and administration of any vaccination developed to prevent
23COVID-19 without imposing any copayment or coinsurance on the individual
24covered under the policy or plan.
AB1-ASA1,88
25Section 88
. 632.895 (16v) (a) (intro.) of the statutes is amended to read:
AB1-ASA1,45,7
1632.895
(16v) (a) (intro.) During the period
covered by the state of emergency
2related to public health declared by the governor on March 12, 2020, by executive
3order 72 before January 1, 2022, an insurer offering a disability insurance policy that
4covers prescription drugs, a self-insured health plan of the state or of a county, city,
5town, village, or school district that covers prescription drugs, or a pharmacy benefit
6manager acting on behalf of a policy or plan may not do any of the following in order
7to maintain coverage of a prescription drug:
AB1-ASA1,89
8Section 89
. 655.0025 of the statutes is created to read:
AB1-ASA1,45,12
9655.0025 Participation during public health emergency. Before January
101, 2022, all of the following apply to a physician or nurse anesthetist for whom this
11state is not a principal place of practice but who is authorized to practice in this state
12on a temporary basis:
AB1-ASA1,45,16
13(1) The physician or nurse anesthetist may fulfill the requirements of s. 655.23
14(3) (a) by filing with the commissioner a certificate of insurance for a policy of health
15care liability insurance issued by an insurer that is authorized in a jurisdiction
16accredited by the National Association of Insurance Commissioners.
AB1-ASA1,45,18
17(2) The physician or nurse anesthetist may elect, in the manner designated by
18the commissioner by rule under s. 655.004, to be subject to this chapter.
AB1-ASA1,9101
19Section 9101.
Nonstatutory provisions; Administration.