Amendment AA3-SB70

SB70-AA3,136,18 4. No later than July 1, 2026, the commissioner shall submit to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report on the results of the surveys under subds. 1. and 2.

SB70-AA3,136,23 (9) Penalty. A manufacturer that violates this section may be required to forfeit not more than $200,000 per month of violation, with the maximum forfeiture increasing to $400,000 per month if the manufacturer continues to be in violation after 6 months and increasing to $600,000 per month if the manufacturer continues to be in violation after one year.

SB70-AA3,148 Section 148. 632.87 (8) of the statutes is created to read:

SB70-AA3,136,25 632.87 (8) (a) In this subsection:

SB70-AA3,137,1 1. “Health care provider” has the meaning given in s. 146.81 (1) (a) to (hp).

SB70-AA3,137,3 2. “Substance abuse counselor” means a substance abuse counselor certified under s. 440.88.

SB70-AA3,137,8 (b) No policy, plan, or contract may exclude coverage for alcoholism or other drug abuse treatment or services provided by a substance abuse counselor within the scope of the substance abuse counselor's education and training if the policy, plan, or contract covers the alcoholism or other drug abuse treatment or services when provided by another health care provider.

SB70-AA3,149 Section 149. 632.871 of the statutes is created to read:

SB70-AA3,137,10 632.871 Telehealth services. (1) Definitions. In this section:

SB70-AA3,137,11 (a) “Disability insurance policy” has the meaning given in s. 632.895 (1) (a).

SB70-AA3,137,13 (b) “Self-insured health plan” means a self-insured health plan of the state or a county, city, village, town, or school district.

SB70-AA3,137,19 (c) “Telehealth" means a practice of health care delivery, diagnosis, consultation, treatment, or transfer of medically relevant data by means of audio, video, or data communications that are used either during a patient visit or a consultation or are used to transfer medically relevant data about a patient. “Telehealth" does not include communications delivered solely by audio-only telephone, facsimile machine, or email unless specified otherwise by rule.

SB70-AA3,138,2 (2) Coverage denial prohibited. No disability insurance policy or self-insured health plan may deny coverage for a treatment or service provided through telehealth on the basis that the treatment or service is provided through telehealth if that treatment or service is covered by the disability insurance policy or self-insured health plan when provided in person. A disability insurance policy or self-insured health plan may limit coverage of treatments or services provided through telehealth to those treatments or services that are medically necessary.

SB70-AA3,138,6 (3) Certain limitations on telehealth prohibited. A disability insurance policy or self-insured health plan may not subject a treatment or service provided through telehealth for which coverage is required under sub. (2) to any of the following:

SB70-AA3,138,8 (a) Any greater deductible, copayment, or coinsurance amount than would be applicable if the treatment or service is provided in person.

SB70-AA3,138,12 (b) Any policy or calendar year or lifetime benefit limit or other maximum limitation that is not imposed on other treatments or services covered by the disability insurance policy or self-insured health plan that are not provided through telehealth.

SB70-AA3,138,14 (c) Prior authorization requirements that are not required for the same treatment or service when provided in person.

SB70-AA3,138,15 (d) Unique location requirements.

SB70-AA3,138,20 (4) Disclosure of coverage of certain telehealth services. A disability insurance policy or self-insured health plan that covers a telehealth treatment or service that has no equivalent in-person treatment or service, such as remote patient monitoring, shall specify in policy or plan materials the coverage of that telehealth treatment or service.

SB70-AA3,9123 Section 9123. Nonstatutory provisions; Insurance.

SB70-AA3,139,3 (1) Prescription drug importation program. The commissioner of insurance shall submit the first report required under s. 601.575 (5) by the next January 1 or July 1, whichever is earliest, that is at least 180 days after the date the prescription drug importation program is fully operational under s. 601.575 (4). The commissioner of insurance shall include in the first 3 reports submitted under s. 601.575 (5) information on the implementation of the audit functions under s. 601.575 (1) (n).

SB70-AA3,139,7 (2) Public option health insurance plan. The office of the commissioner of insurance may expend from the appropriation under s. 20.145 (1) (a) in fiscal year 2023-24 not more than $1,000,000 for the development of a public option health insurance plan.

SB70-AA3,139,10 (3) Prescription drug purchasing entity. During the 2023-2025 fiscal biennium, the office of the commissioner of insurance shall conduct a study on the viability of creating or implementing a state prescription drug purchasing entity.

SB70-AA3,9323 Section 9323. Initial applicability; Insurance.

SB70-AA3,139,12 (1) Telehealth parity.

SB70-AA3,139,16 (a) For policies and plans containing provisions inconsistent with the treatment of s. 632.871, the treatment of s. 632.871 first applies to policy or plan years beginning on January 1 of the year following the year in which this paragraph takes effect, except as provided in par. (b ).

SB70-AA3,139,21 (b) For policies and plans that are affected by a collective bargaining agreement containing provisions inconsistent with the treatment of s. 632.871, the treatment of s. 632.871 first applies to policy or plan years beginning on the effective date of this paragraph or on the day on which the collective bargaining agreement is newly established, extended, modified, or renewed, whichever is later.

SB70-AA3,139,22 (2) Substance abuse counselor coverage.

SB70-AA3,140,2 (a) For policies and plans containing provisions inconsistent with the treatment of s. 632.87 (8), the treatment of s. 632.87 (8) first applies to policy or plan years beginning on January 1 of the year following the year in which this paragraph takes effect, except as provided in par. (b ).

SB70-AA3,140,7 (b) For policies and plans that are affected by a collective bargaining agreement containing provisions inconsistent with the treatment of s. 632.87 (8), the treatment of s. 632.87 (8) first applies to policy or plan years beginning on the effective date of this paragraph or on the day on which the collective bargaining agreement is newly established, extended, modified, or renewed, whichever is later.

SB70-AA3,140,8 (3) Application of manufacturer discounts.

SB70-AA3,140,12 (a) For policies and plans containing provisions inconsistent with the treatment of s. 632.862, the treatment of s. 632.862 first applies to policy or plan years beginning on January 1 of the year following the year in which this paragraph takes effect, except as provided in par. (b ).

SB70-AA3,140,17 (b) For policies or plans that are affected by a collective bargaining agreement containing provisions inconsistent with the treatment of s. 632.862, the treatment of s. 632.862 first applies to policy or plan years beginning on the effective date of this paragraph or on the day on which the collective bargaining agreement is newly established, extended, modified, or renewed, whichever is later.

SB70-AA3,9423 Section 9423. Effective dates; Insurance.

SB70-AA3,140,21 (1) Substance abuse counselor coverage. The treatment of s. 632.87 (8) and Section 9323 (2 ) of this act take effect on the first day of the 4th month beginning after publication.”.

SB70-AA3,140,22 224. Page 374, line 11: after that line insert:

SB70-AA3,140,24 “ Section 150. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB70-AA3,151 Section 151. 20.115 (7) (gc) of the statutes is amended to read:

SB70-AA3,141,4 20.115 (7) (gc) Industrial hemp and marijuana. All moneys received under s. 94.55 for regulation of activities relating to industrial hemp under s. 94.55 and to marijuana under s. 94.56.

SB70-AA3,152 Section 152. 20.115 (7) (ge) of the statutes is created to read:

SB70-AA3,142,2 20.115 (7) (ge) Marijuana producers and processors; official logotype. All moneys received under s. 94.56 for regulation of activities relating to marijuana under s. 94.56, for conducting public awareness campaigns under s. 94.56, and for the creation of a logotype under s. 100.145.

SB70-AA3,153 Section 153. 20.435 (5) (q) of the statutes is created to read:

SB70-AA3,142,5 20.435 (5) (q) Payments to counties. From the community reinvestment fund, all moneys received under subch. IV of ch. 139 for grants to counties under s. 250.22.

SB70-AA3,154 Section 154. 20.566 (1) (bn) of the statutes is created to read:

SB70-AA3,142,11 20.566 (1) (bn) Administration and enforcement of marijuana tax and regulation. The amounts in the schedule for the purposes of administering the marijuana tax imposed under subch. IV of ch. 139 and for the costs incurred in enforcing the taxing and regulation of marijuana producers, marijuana processors, and marijuana retailers under subch. IV of ch. 139.

SB70-AA3,155 Section 155. 20.835 (2) (eq) of the statutes is created to read:

SB70-AA3,142,14 20.835 (2) (eq) Marijuana tax refunds. A sum sufficient to pay refunds under subch. IV of ch. 139.

SB70-AA3,156 Section 156. 25.316 of the statutes is created to read:

SB70-AA3,142,18 25.316 Community reinvestment fund. There is established a separate nonlapsible trust fund, designated the community reinvestment fund consisting of all moneys received under subch. IV of ch. 139, including interest and penalties.

SB70-AA3,157 Section 157. 49.148 (4) (a) of the statutes is amended to read:

SB70-AA3,143,9 49.148 (4) (a) A Wisconsin works Works agency shall require a participant in a community service job or transitional placement who, after August 22, 1996, was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance to submit to a test for use of a controlled substance as a condition of continued eligibility. If the test results are positive, the Wisconsin works Works agency shall decrease the presanction benefit amount for that participant by not more than 15 percent for not fewer than 12 months, or for the remainder of the participant's period of participation in a community service job or transitional placement, if less than 12 months. If, at the end of 12 months, the individual is still a participant in a community service job or transitional placement and submits to another test for use of a controlled substance and if the results of the test are negative, the Wisconsin works Works agency shall discontinue the reduction under this paragraph. In this subsection, “controlled substance” does not include tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

SB70-AA3,158 Section 158. 49.46 (1) (a) 1m. of the statutes is amended to read:

SB70-AA3,143,15 49.46 (1) (a) 1m. Any pregnant woman whose income does not exceed the standard of need under s. 49.19 (11) and whose pregnancy is medically verified. Eligibility continues to the last day of the month in which the 60th day or, if approved by the federal government, the 90th 365th day after the last day of the pregnancy falls.

SB70-AA3,159 Section 159. 49.46 (1) (j) of the statutes is amended to read:

SB70-AA3,143,21 49.46 (1) (j) An individual determined to be eligible for benefits under par. (a) 9. remains eligible for benefits under par. (a) 9. for the balance of the pregnancy and to the last day of the month in which the 60th day or, if approved by the federal government, the 90th 365th day after the last day of the pregnancy falls without regard to any change in the individual's family income.

SB70-AA3,160 Section 160. 49.47 (4) (ag) 2. of the statutes is amended to read:

SB70-AA3,144,2 49.47 (4) (ag) 2. Pregnant and the woman's pregnancy is medically verified. Eligibility continues to the last day of the month in which the 60th day or, if approved by the federal government, the 90th 365th day after the last day of the pregnancy falls.

SB70-AA3,161 Section 161. 49.471 (6) (b) of the statutes is amended to read:

SB70-AA3,144,8 49.471 (6) (b) A pregnant woman who is determined to be eligible for benefits under sub. (4) remains eligible for benefits under sub. (4) for the balance of the pregnancy and to the last day of the month in which the 60th day or, if approved by the federal government, the 90th 365th day after the last day of the pregnancy falls without regard to any change in the woman's family income.

SB70-AA3,162 Section 162. 49.471 (7) (b) 1. of the statutes is amended to read:

SB70-AA3,144,20 49.471 (7) (b) 1. A pregnant woman whose family income exceeds 300 percent of the poverty line may become eligible for coverage under this section if the difference between the pregnant woman's family income and the applicable income limit under sub. (4) (a) is obligated or expended for any member of the pregnant woman's family for medical care or any other type of remedial care recognized under state law or for personal health insurance premiums or for both. Eligibility obtained under this subdivision continues without regard to any change in family income for the balance of the pregnancy and to the last day of the month in which the 60th day or, if approved by the federal government, the 90th 365th day after the last day of the woman's pregnancy falls. Eligibility obtained by a pregnant woman under this subdivision extends to all pregnant women in the pregnant woman's family.

SB70-AA3,163 Section 163. 49.79 (1) (b) of the statutes is amended to read:

SB70-AA3,144,25 49.79 (1) (b) “Controlled substance" has the meaning given in 21 USC 802 (6), except that “controlled substance” does not include tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

SB70-AA3,164 Section 164. 59.54 (25) (title) of the statutes is amended to read:

SB70-AA3,145,2 59.54 (25) (title) Possession Regulation of marijuana.

SB70-AA3,165 Section 165. 59.54 (25) (a) (intro.) of the statutes is amended to read:

SB70-AA3,145,12 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that is consistent with s. 961.71 or 961.72; except that if a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or possession of any amount of marijuana following a conviction in this state for possession of marijuana alleging a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may not be prosecuted under this subsection for the same action that is the subject of the complaint unless all of the following occur:

SB70-AA3,166 Section 166. 66.0107 (1) (bm) of the statutes is amended to read:

SB70-AA3,145,23 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that is consistent with s. 961.71 or 961.72; except that if a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or possession of any amount of marijuana following a conviction in this state for possession of marijuana alleging a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may not be prosecuted under this paragraph for the same action that is the subject of the complaint unless the charges are dismissed or the district attorney declines to prosecute the case.

SB70-AA3,167 Section 167. 66.04185 of the statutes is created to read:

SB70-AA3,146,4 66.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is by an individual who has no more than 6 marijuana plants at one time for his or her personal use.

SB70-AA3,168 Section 168. 73.17 of the statutes is created to read:

SB70-AA3,146,7 73.17 Medical marijuana registry program. (1) Definitions. In this section:

SB70-AA3,146,8 (a) “Debilitating medical condition or treatment” means any of the following:

SB70-AA3,146,14 1. Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV; inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the treatment of these conditions.

SB70-AA3,146,18 2. A chronic or debilitating disease or medical condition or the treatment of such a disease or condition that causes cachexia, severe pain, severe nausea, seizures, including those characteristic of epilepsy, or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

SB70-AA3,146,19 (b) “Department” means the department of revenue.

SB70-AA3,146,20 (c) “Physician” means a person licensed under s. 448.04 (1) (a).

SB70-AA3,146,23 (d) “Qualifying patient” means a person who has been diagnosed by a physician as having or undergoing a debilitating medical condition or treatment but does not include a person under the age of 18 years.

SB70-AA3,146,25 (e) “Tax exemption certificate” means a certificate to claim the exemption under s. 77.54 (71).

SB70-AA3,147,1 (f) “Usable marijuana" has the meaning given in s. 139.97 (13).

SB70-AA3,147,3 (g) “Written certification” means means a statement made by a person's physician if all of the following apply:

SB70-AA3,147,7 1. The statement indicates that, in the physician's professional opinion, the person has or is undergoing a debilitating medical condition or treatment and the potential benefits of the person's use of usable marijuana would likely outweigh the health risks for the person.

SB70-AA3,147,11 2. The statement indicates that the opinion described in subd. 1. was formed after a full assessment of the person's medical history and current medical condition that was conducted no more than 6 months prior to making the statement and that was made in the course of a bona fide physician-patient relationship.

SB70-AA3,147,13 3. The statement is signed by the physician or is contained in the person's medical records.

SB70-AA3,147,15 4. The statement contains an expiration date that is no more than 48 months after issuance and the statement has not expired.

SB70-AA3,147,18 (2) Application. An adult who is claiming to be a qualifying patient may apply for a registry identification card by submitting to the department a signed application form containing or accompanied by all of the following:

SB70-AA3,147,19 (a) His or her name, address, and date of birth.

SB70-AA3,147,20 (b) A written certification.