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AB68-ASA2-AA2,49,2
197. Page 340, line 23: delete the material beginning with that line and ending
2with page 341, line 2, and substitute:
AB68-ASA2-AA2,49,3 3 Section 366. 254.151 (1m) (g) of the statutes is amended to read:
AB68-ASA2-AA2,49,74 254.151 (1m) (g) In each fiscal year, $125,000 $175,000 to fund lead screening
5and outreach activities at a community-based human service agency that provides
6primary health care, health education and social services to low-income individuals
7in 1st class cities.”.
AB68-ASA2-AA2,49,8 898. Page 341, line 2: after that line insert:
AB68-ASA2-AA2,49,9 9 Section 366g. 255.15 (3) (d) of the statutes is created to read:
AB68-ASA2-AA2,49,1310 255.15 (3) (d) From the appropriation under s. 20.435 (1) (fm), the department
11may develop and implement a public health campaign aimed at the prevention of
12initiation of tobacco and vapor product use and may award grants for local and
13regional organizations working on youth vaping and providing cessation services.
AB68-ASA2-AA2,366m 14Section 366m. 255.15 (4) of the statutes is amended to read:
AB68-ASA2-AA2,49,2115 255.15 (4) Reports. Not later than April 15, 2002 2022, and annually
16thereafter, the department shall submit to the governor and to the chief clerk of each
17house of the legislature for distribution under s. 13.172 (2) a report that evaluates
18the success of the grant program programs under sub. (3). The report shall specify
19the number of grants awarded during the immediately preceding fiscal year and the
20purpose for which each grant was made. The report shall also specify donations and
21grants accepted by the department under sub. (5).
AB68-ASA2-AA2,366r 22Section 366r. 255.45 of the statutes is created to read:
AB68-ASA2-AA2,49,24 23255.45 Spinal cord injury research grants and symposia. (1)
24Definitions.
In this section:
AB68-ASA2-AA2,50,1
1(a) “Council” means the spinal cord injury council.
AB68-ASA2-AA2,50,22 (b) “Grant program” means the program established under sub. (2).
AB68-ASA2-AA2,50,9 3(2) Grant program. The department shall establish a program to award grants
4to persons in this state for research into spinal cord injuries. The purpose of the
5grants is to support research into new and innovative treatments and rehabilitative
6efforts for the functional improvement of people with spinal cord injuries, and
7research topics may include pharmaceutical, medical device, brain stimulus, and
8rehabilitative approaches and techniques. Grant recipients shall agree to present
9their research findings at symposia held by the department under sub. (3).
AB68-ASA2-AA2,50,12 10(3) Symposia. The department may hold symposia every 2 years for recipients
11of grants under the grant program to present findings of research supported by the
12grants.
AB68-ASA2-AA2,50,16 13(4) Grant reports. By January 15 of each year, the department shall submit
14an annual report to the appropriate standing committees of the legislature under s.
1513.172 (3) that identifies the recipients of grants under the grant program and the
16purposes for which the grants were used.
AB68-ASA2-AA2,50,17 17(5) Council. (a) The council shall do all of the following:
AB68-ASA2-AA2,50,1918 1. Develop criteria for the department to evaluate and award grants under the
19grant program.
AB68-ASA2-AA2,50,2120 2. Review and make recommendations to the department on applications
21submitted under the grant program.
AB68-ASA2-AA2,50,2222 3. Perform other duties specified by the department.
AB68-ASA2-AA2,51,223 (b) Each member of the council shall disclose in a written statement any
24financial interest in any organization that the council recommends to receive a grant

1under the grant program. The council shall include the written statements with its
2recommendations to the department on grant applications.”.
AB68-ASA2-AA2,51,3 399. Page 354, line 23: after that line insert:
AB68-ASA2-AA2,51,4 4 Section 411d. 601.41 (13) of the statutes is created to read:
AB68-ASA2-AA2,51,105 601.41 (13) Value-based diabetes medication pilot project. The
6commissioner shall develop a pilot project to direct a pharmacy benefit manager, as
7defined in s. 632.865 (1) (c), and a pharmaceutical manufacturer to create a
8value-based, sole-source arrangement to reduce the costs of prescription medication
9used to treat diabetes. The commissioner may promulgate rules to implement this
10subsection.
AB68-ASA2-AA2,411f 11Section 411f. 601.415 (14) of the statutes is created to read:
AB68-ASA2-AA2,51,1712 601.415 (14) Patient pharmacy benefits tool. (a) From the appropriation
13under s. 20.145 (1) (a), beginning in the 2022-23 fiscal year, the office shall award
14grants in a total amount of up to $500,000 each fiscal year to health care providers
15to develop and implement a tool for prescribers to disclose the cost of prescription
16drugs for patients. The tool must be usable by physicians and other prescribers to
17determine the cost of prescription drugs for their patients.
AB68-ASA2-AA2,51,1918 (b) Any health care provider that receives a grant under par. (a) shall contribute
19matching funds equal to at least 50 percent of the grant amount awarded.
AB68-ASA2-AA2,411h 20Section 411h. 601.575 of the statutes is created to read:
AB68-ASA2-AA2,52,2 21601.575 Prescription drug importation program. (1) Importation
22program requirements.
The commissioner, in consultation with persons interested
23in the sale and pricing of prescription drugs and appropriate officials and agencies
24of the federal government, shall design and implement a prescription drug

1importation program for the benefit of residents of this state, that generates savings
2for residents, and that satisfies all of the following:
AB68-ASA2-AA2,52,53 (a) The commissioner shall designate a state agency to become a licensed
4wholesale distributor or to contract with a licensed wholesale distributor and shall
5seek federal certification and approval to import prescription drugs.
AB68-ASA2-AA2,52,86 (b) The prescription drug importation program under this section shall comply
7with relevant requirements of 21 USC 384, including safety and cost savings
8requirements.
AB68-ASA2-AA2,52,119 (c) The prescription drug importation program under this section shall import
10prescription drugs from Canadian suppliers regulated under any appropriate
11Canadian or provincial laws.
AB68-ASA2-AA2,52,1412 (d) The prescription drug importation program under this section shall have
13a process to sample the purity, chemical composition, and potency of imported
14prescription drugs.
AB68-ASA2-AA2,52,1815 (e) The prescription drug importation program under this section shall import
16only those prescription drugs for which importation creates substantial savings for
17residents of the state and only those prescription drugs that are not brand-name
18drugs and that have fewer than 4 competitor prescription drugs in the United States.
AB68-ASA2-AA2,52,2119 (f) The commissioner shall ensure that prescription drugs imported under the
20program under this section are not distributed, dispensed, or sold outside of the
21state.
AB68-ASA2-AA2,52,2322 (g) The prescription drug importation program under this section shall ensure
23all of the following:
AB68-ASA2-AA2,52,2524 1. Participation by any pharmacy or health care provider in the program is
25voluntary.
AB68-ASA2-AA2,53,2
12. Any pharmacy or health care provider participating in the program has the
2appropriate license or other credential in this state.
AB68-ASA2-AA2,53,53 3. Any pharmacy or health care provider participating in the program charges
4a consumer or health plan the actual acquisition cost of the imported prescription
5drug that is dispensed.
AB68-ASA2-AA2,53,96 (h) The prescription drug importation program under this section shall ensure
7that a payment by a health plan or health insurance policy for a prescription drug
8imported under the program reimburses no more than the actual acquisition cost of
9the imported prescription drug that is dispensed.
AB68-ASA2-AA2,53,1210 (i) The prescription drug importation program under this section shall ensure
11that any health plan or health insurance policy participating in the program does all
12of the following:
AB68-ASA2-AA2,53,1413 1. Maintains a formulary and claims payment system with current information
14on prescription drugs imported under the program.
AB68-ASA2-AA2,53,1715 2. Bases cost-sharing amounts for participants or insureds under the plan or
16policy on no more than the actual acquisition cost of the prescription drug imported
17under the program that is dispensed to the participant or insured.
AB68-ASA2-AA2,53,2018 3. Demonstrates to the commissioner or a state agency designated by the
19commissioner how premiums under the policy or plan are affected by savings on
20prescription drugs imported under the program.
AB68-ASA2-AA2,53,2321 (j) Any wholesale distributor importing prescription drugs under the program
22under this section shall limit its profit margin to the amount established by the
23commissioner or a state agency designated by the commissioner.
AB68-ASA2-AA2,54,3
1(k) The prescription drug importation program under this section may not
2import any generic prescription drug that would violate federal patent laws on
3branded products in this country.
AB68-ASA2-AA2,54,84 (L) The prescription drug importation program under this section shall comply
5to the extent practical and feasible, before the prescription drug to be imported comes
6into the possession of the state's wholesale distributor and fully after the prescription
7drug to be imported is in the possession of the state's wholesale distributor, with
8tracking and tracing requirements of 21 USC 360eee to 360eee-1.
AB68-ASA2-AA2,54,119 (m) The prescription drug importation program under this section shall
10establish a fee or other mechanism to finance the program that does not jeopardize
11significant savings to residents of the state.
AB68-ASA2-AA2,54,1312 (n) The prescription drug importation program under this section shall have
13an audit function that ensures all of the following:
AB68-ASA2-AA2,54,1614 1. The commissioner has a sound methodology to determine the most
15cost-effective prescription drugs to include in the importation program under this
16section.
AB68-ASA2-AA2,54,1817 2. The commissioner has a process in place to select Canadian suppliers that
18are high quality, high performing, and in full compliance with Canadian laws.
AB68-ASA2-AA2,54,2019 3. Prescription drugs imported under the program are pure, unadulterated,
20potent, and safe.
AB68-ASA2-AA2,54,2221 4. The prescription drug importation program is complying with the
22requirements of this subsection.
AB68-ASA2-AA2,54,2523 5. The prescription drug importation program under this section is adequately
24financed to support administrative functions of the program while generating
25significant cost savings to residents of the state.
AB68-ASA2-AA2,55,2
16. The prescription drug importation program under this section does not put
2residents of the state at a higher risk than if the program did not exist.
AB68-ASA2-AA2,55,43 7. The prescription drug importation program under this section provides and
4is projected to continue to provide substantial cost savings to residents of the state.
AB68-ASA2-AA2,55,7 5(2) Anticompetitive behavior. The commissioner, in consultation with the
6attorney general, shall identify the potential for and monitor anticompetitive
7behavior in industries affected by a prescription drug importation program.
AB68-ASA2-AA2,55,18 8(3) Approval of program design; certification. No later than the first day of
9the 7th month beginning after the effective date of this subsection .... [LRB inserts
10date], the commissioner shall submit to the joint committee on finance a report that
11includes the design of the prescription drug importation program in accordance with
12this section. The commissioner may not submit the proposed prescription drug
13importation program to the federal department of health and human services unless
14the joint committee on finance approves the proposed prescription drug
15implementation program. Within 14 days of the date of approval by the joint
16committee on finance of the proposed prescription drug importation program, the
17commissioner shall submit to the federal department of health and human services
18a request for certification of the approved prescription drug importation program.
AB68-ASA2-AA2,56,2 19(4) Implementation of certified program. After the federal department of
20health and human services certifies the prescription drug importation program
21submitted under sub. (3), the commissioner shall begin implementation of the
22program, and the program shall be fully operational by 180 days after the date of
23certification by the federal department of health and human services. The
24commissioner shall do all of the following to implement the prescription drug

1importation program to the extent the action is in accordance with other state laws
2and the certification by the federal department of health and human services:
AB68-ASA2-AA2,56,53 (a) Become a licensed wholesale distributor, designate another state agency to
4become a licensed wholesale distributor, or contract with a licensed wholesale
5distributor.
AB68-ASA2-AA2,56,76 (b) Contract with one or more Canadian suppliers that meet the criteria in sub.
7(1) (c) and (n).
AB68-ASA2-AA2,56,118 (c) Create an outreach and marketing plan to communicate with and provide
9information to health plans and health insurance policies, employers, pharmacies,
10health care providers, and residents of the state on participating in the prescription
11drug importation program.
AB68-ASA2-AA2,56,1412 (d) Develop and implement a registration process for health plans and health
13insurance policies, pharmacies, and health care providers interested in participating
14in the prescription drug importation program.
AB68-ASA2-AA2,56,1615 (e) Create a publicly accessible source for listing prices of prescription drugs
16imported under the program.
AB68-ASA2-AA2,56,1917 (f) Create, publicize, and implement a method of communication to promptly
18answer questions from and address the needs of persons affected by the
19implementation of the program before the program is fully operational.
AB68-ASA2-AA2,56,2120 (g) Establish the audit functions under sub. (1) (n) with a timeline to complete
21each audit function every 2 years.
AB68-ASA2-AA2,56,2422 (h) Conduct any other activities determined by the commissioner to be
23important to successful implementation of the prescription drug importation
24program under this section.
AB68-ASA2-AA2,57,2
1(5) Report. By January 1 and July 1 of each year, the commissioner shall
2submit to the joint committee on finance a report including all of the following:
AB68-ASA2-AA2,57,43 (a) A list of prescription drugs included in the importation program under this
4section.
AB68-ASA2-AA2,57,75 (b) The number of pharmacies, health care providers, and health plans and
6health insurance policies participating in the prescription drug importation program
7under this section.
AB68-ASA2-AA2,57,128 (c) The estimated amount of savings to residents of the state, health plans and
9health insurance policies, and employers resulting from the implementation of the
10prescription drug importation program under this section reported from the date of
11the previous report under this subsection and from the date the program was fully
12operational.
AB68-ASA2-AA2,57,1413 (d) Findings of any audit functions under sub. (1) (n) completed since the date
14of the previous report under this subsection.
AB68-ASA2-AA2,57,16 15(6) Rulemaking. The commissioner may promulgate any rules necessary to
16implement this section.
AB68-ASA2-AA2,411k 17Section 411k. 601.59 of the statutes is created to read:
AB68-ASA2-AA2,57,18 18601.59 State-based exchange. (1) Definitions. In this section:
AB68-ASA2-AA2,57,1919 (a) “Exchange” has the meaning given in 45 CFR 155.20.
AB68-ASA2-AA2,57,2220 (b) “State-based exchange on the federal platform” means an exchange that is
21described in and meets the requirements of 45 CFR 155.200 (f) and is approved by
22the federal secretary of health and human services under 45 CFR 155.106.
AB68-ASA2-AA2,58,223 (c) “State-based exchange without the federal platform” means an exchange,
24other than one described in 45 CFR 155.200 (f), that performs all the functions

1described in 45 CFR 155.200 (a) and is approved by the federal secretary of health
2and human services under 45 CFR 155.106.
AB68-ASA2-AA2,58,9 3(2) Establishment and operation of state-based exchange. The commissioner
4shall establish and operate an exchange that at first is a state-based exchange on
5the federal platform and then subsequently transitions to a state-based exchange
6without the federal platform. The commissioner shall develop procedures to address
7the transition from the state-based exchange on the federal platform to the
8state-based exchange without the federal platform, including the circumstances
9that shall be met in order for the transition to occur.
AB68-ASA2-AA2,58,12 10(3) Agreement with federal government. The commissioner may enter into
11any agreement with the federal government necessary to facilitate the
12implementation of this section.
AB68-ASA2-AA2,58,18 13(4) User fees. The commissioner shall impose a user fee, as authorized under
1445 CFR 155.160 (b) (1), on each insurer that offers a health plan through the
15state-based exchange on the federal platform or the state-based exchange without
16the federal platform. The user fee shall be applied at one of the following rates on
17the total monthly premiums charged by an insurer for each policy under the plan
18where enrollment is through the exchange:
AB68-ASA2-AA2,58,2019 (a) For any plan year for which the commissioner operates a state-based
20exchange on the federal platform, the rate is 0.5 percent.
AB68-ASA2-AA2,58,2221 (b) For the first 2 plan years for which the commissioner operates a state-based
22exchange without the federal platform, the rate is 3 percent.
AB68-ASA2-AA2,58,2523 (c) Beginning with the 3rd plan year for which the commissioner operates a
24state-based exchange without the federal platform, the rate shall be set by the
25commissioner by rule.
AB68-ASA2-AA2,59,2
1(5) Rules. The commissioner may promulgate rules necessary to implement
2this section.
AB68-ASA2-AA2,411n 3Section 411n. Subchapter VI (title) of chapter 601 [precedes 601.78] of the
4statutes is created to read:
AB68-ASA2-AA2,59,55 CHAPTER 601
AB68-ASA2-AA2,59,76 SUBCHAPTER VI
7 Prescription drug
AB68-ASA2-AA2,59,88 affordability review board
AB68-ASA2-AA2,59,9 9601.78 Definitions. In this subchapter:
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