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AB50-ASA2-AA16,70,22212. Any payment made by the pharmacy benefit manager to a consultant or
22broker who works on behalf of the health benefit plan sponsor.
AB50-ASA2-AA16,71,3233. From the amounts received from all drug manufacturers, the amounts

1retained by the pharmacy benefit manager, and not passed through to the health
2benefit plan sponsor, that are related to the health benefit plan sponsors claims or
3bona fide service fees.
AB50-ASA2-AA16,71,844. The amounts, including pharmacy access and audit recovery fees, received
5from all pharmacies that are in the pharmacy benefit managers network or have a
6contract to be in the network and, from these amounts, the amount retained by the
7pharmacy benefit manager and not passed through to the health benefit plan
8sponsor..
AB50-ASA2-AA16,71,9927. At the appropriate places, insert all of the following:
AB50-ASA2-AA16,71,1010Section 79. 601.575 of the statutes is created to read:
AB50-ASA2-AA16,71,1611601.575 Prescription drug importation program. (1) Importation
12program requirements. The commissioner, in consultation with persons
13interested in the sale and pricing of prescription drugs and appropriate officials
14and agencies of the federal government, shall design and implement a prescription
15drug importation program for the benefit of residents of this state, that generates
16savings for residents, and that satisfies all of the following:
AB50-ASA2-AA16,71,1917(a) The commissioner shall designate a state agency to become a licensed
18wholesale distributor or to contract with a licensed wholesale distributor and shall
19seek federal certification and approval to import prescription drugs.
AB50-ASA2-AA16,71,2120(b) The program shall comply with relevant requirements of 21 USC 384,
21including safety and cost savings requirements.
AB50-ASA2-AA16,71,2322(c) The program shall import prescription drugs from Canadian suppliers
23regulated under any appropriate Canadian or provincial laws.
AB50-ASA2-AA16,72,2
1(d) The program shall have a process to sample the purity, chemical
2composition, and potency of imported prescription drugs.
AB50-ASA2-AA16,72,63(e) The program shall import only those prescription drugs for which
4importation creates substantial savings for residents of this state and only those
5prescription drugs that are not brand-name drugs and that have fewer than 4
6competitor prescription drugs in the United States.
AB50-ASA2-AA16,72,87(f) The commissioner shall ensure that prescription drugs imported under the
8program are not distributed, dispensed, or sold outside of this state.
AB50-ASA2-AA16,72,99(g) The program shall ensure all of the following:
AB50-ASA2-AA16,72,11101. Participation by any pharmacy or health care provider in the program is
11voluntary.
AB50-ASA2-AA16,72,13122. Any pharmacy or health care provider participating in the program has the
13appropriate license or other credential in this state.
AB50-ASA2-AA16,72,16143. Any pharmacy or health care provider participating in the program charges
15a consumer or health plan the actual acquisition cost of the imported prescription
16drug that is dispensed.
AB50-ASA2-AA16,72,2017(h) The program shall ensure that a payment by a health plan or health
18insurance policy for a prescription drug imported under the program reimburses no
19more than the actual acquisition cost of the imported prescription drug that is
20dispensed.
AB50-ASA2-AA16,72,2221(i) The program shall ensure that any health plan or health insurance policy
22participating in the program does all of the following:
AB50-ASA2-AA16,73,2
11. Maintains a formulary and claims payment system with current
2information on prescription drugs imported under the program.
AB50-ASA2-AA16,73,532. Bases cost-sharing amounts for participants or insureds under the plan or
4policy on no more than the actual acquisition cost of the prescription drug imported
5under the program that is dispensed to the participant or insured.
AB50-ASA2-AA16,73,863. Demonstrates to the commissioner or a state agency designated by the
7commissioner how premiums under the plan or policy are affected by savings on
8prescription drugs imported under the program.
AB50-ASA2-AA16,73,119(j) Any wholesale distributor importing prescription drugs under the program
10shall limit its profit margin to the amount established by the commissioner or a
11state agency designated by the commissioner.
AB50-ASA2-AA16,73,1312(k) The program may not import any generic prescription drug that would
13violate federal patent laws on branded products in the United States.
AB50-ASA2-AA16,73,1814(L) The program shall comply with tracking and tracing requirements of 21
15USC 360eee and 360eee-1, to the extent practical and feasible, before the
16prescription drug to be imported comes into the possession of this states wholesale
17distributor and fully after the prescription drug to be imported is in the possession
18of this states wholesale distributor.
AB50-ASA2-AA16,73,2019(m) The program shall establish a fee or other mechanism to finance the
20program that does not jeopardize significant savings to residents of this state.
AB50-ASA2-AA16,73,2121(n) The program shall have an audit function that ensures all of the following:
AB50-ASA2-AA16,73,23221. The commissioner has a sound methodology to determine the most cost-
23effective prescription drugs to include in the program.
AB50-ASA2-AA16,74,2
12. The commissioner has a process in place to select Canadian suppliers that
2are high quality, high performing, and in full compliance with Canadian laws.
AB50-ASA2-AA16,74,433. Prescription drugs imported under the program are pure, unadulterated,
4potent, and safe.
AB50-ASA2-AA16,74,554. The program is complying with the requirements of this subsection.
AB50-ASA2-AA16,74,765. The program is adequately financed to support administrative functions of
7the program while generating significant cost savings to residents of this state.
AB50-ASA2-AA16,74,986. The program does not put residents of this state at a higher risk than if the
9program did not exist.
AB50-ASA2-AA16,74,11107. The program provides and is projected to continue to provide substantial
11cost savings to residents of this state.
AB50-ASA2-AA16,74,1412(2) Anticompetitive behavior. The commissioner, in consultation with the
13attorney general, shall identify the potential for and monitor anticompetitive
14behavior in industries affected by a prescription drug importation program.
AB50-ASA2-AA16,75,215(3) Approval of program design; certification. No later than the first day
16of the 7th month beginning after the effective date of this subsection .... [LRB
17inserts date], the commissioner shall submit to the joint committee on finance a
18report that includes the design of the prescription drug importation program in
19accordance with this section. The commissioner may not submit the proposed
20program to the federal department of health and human services unless the joint
21committee on finance approves the proposed program. Within 14 days of the date of
22approval by the joint committee on finance of the proposed program, the

1commissioner shall submit to the federal department of health and human services
2a request for certification of the approved program.
AB50-ASA2-AA16,75,103(4) Implementation of certified program. After the federal department of
4health and human services certifies the prescription drug importation program
5submitted under sub. (3), the commissioner shall begin implementation of the
6program, and the program shall be fully operational by 180 days after the date of
7certification by the federal department of health and human services. The
8commissioner shall do all of the following to implement the program to the extent
9the action is in accordance with other state laws and the certification by the federal
10department of health and human services:
AB50-ASA2-AA16,75,1311(a) Become a licensed wholesale distributor, designate another state agency to
12become a licensed wholesale distributor, or contract with a licensed wholesale
13distributor.
AB50-ASA2-AA16,75,1514(b) Contract with one or more Canadian suppliers that meet the criteria in
15sub. (1) (c) and (n).
AB50-ASA2-AA16,75,1816(c) Create an outreach and marketing plan to communicate with and provide
17information to health plans and health insurance policies, employers, pharmacies,
18health care providers, and residents of this state on participating in the program.
AB50-ASA2-AA16,75,2119(d) Develop and implement a registration process for health plans and health
20insurance policies, pharmacies, and health care providers interested in
21participating in the program.
AB50-ASA2-AA16,75,2322(e) Create a publicly accessible source for listing prices of prescription drugs
23imported under the program.
AB50-ASA2-AA16,76,3
1(f) Create, publicize, and implement a method of communication to promptly
2answer questions from and address the needs of persons affected by the
3implementation of the program before the program is fully operational.
AB50-ASA2-AA16,76,54(g) Establish the audit functions under sub. (1) (n) with a timeline to complete
5each audit function every 2 years.
AB50-ASA2-AA16,76,76(h) Conduct any other activities determined by the commissioner to be
7important to successful implementation of the program.
AB50-ASA2-AA16,76,98(5) Report. By January 1 and July 1 of each year, the commissioner shall
9submit to the joint committee on finance a report including all of the following:
AB50-ASA2-AA16,76,1110(a) A list of prescription drugs included in the prescription drug importation
11program under this section.
AB50-ASA2-AA16,76,1412(b) The number of pharmacies, health care providers, and health plans and
13health insurance policies participating in the prescription drug importation
14program under this section.
AB50-ASA2-AA16,76,1915(c) The estimated amount of savings to residents of this state, health plans
16and health insurance policies, and employers resulting from the implementation of
17the prescription drug importation program under this section reported from the
18date of the previous report under this subsection and from the date the program
19was fully operational.
AB50-ASA2-AA16,76,2120(d) Findings of any audit functions under sub. (1) (n) completed since the date
21of the previous report under this subsection.
AB50-ASA2-AA16,76,2322(6) Rulemaking. The commissioner may promulgate any rules necessary to
23implement this section.
AB50-ASA2-AA16,9123
1Section 9123. Nonstatutory provisions; Insurance.
AB50-ASA2-AA16,77,82(1) Prescription drug importation program. The commissioner of
3insurance shall submit the first report required under s. 601.575 (5) by the next
4January 1 or July 1, whichever is earliest, that is at least 180 days after the date the
5prescription drug importation program is fully operational under s. 601.575 (4).
6The commissioner of insurance shall include in the first 3 reports submitted under
7s. 601.575 (5) information on the implementation of the audit functions under s.
8601.575 (1) (n)..
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