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AB56-ASA1-AA2,1916b 25Section 1916b. 253.06 (3m) (b) of the statutes is amended to read:
AB56-ASA1-AA2,35,3
1253.06 (3m) (b) The department shall redeem valid drafts may process a
2payment if
submitted by a food direct distribution center that is authorized by the
3department under this subsection
.
AB56-ASA1-AA2,1917b 4Section 1917b. 253.06 (4) (a) 1. of the statutes is amended to read:
AB56-ASA1-AA2,35,65 253.06 (4) (a) 1. Accept drafts or submit drafts a food instrument or submit a
6request
to the department for redemption without authorization.
AB56-ASA1-AA2,1918b 7Section 1918b. 253.06 (4) (a) 2. of the statutes is repealed.
AB56-ASA1-AA2,1919b 8Section 1919b. 253.06 (4) (a) 2m. of the statutes is created to read:
AB56-ASA1-AA2,35,99 253.06 (4) (a) 2m. Engage in trafficking.
AB56-ASA1-AA2,1920b 10Section 1920b. 253.06 (4) (a) 3. to 4. of the statutes are amended to read:
AB56-ASA1-AA2,35,1311 253.06 (4) (a) 3. Accept a draft food instrument other than in exchange for
12authorized approved food that is provided by the person selected by the electronic
13benefit transfer cardholder
.
AB56-ASA1-AA2,35,1614 3m. Provide authorized approved food or other commodities to a participant
15or proxy
an electronic benefit transfer cardholder in exchange for a draft food
16instrument
accepted by a 3rd party.
AB56-ASA1-AA2,35,1817 4. Enter on a draft Submit a payment request for a dollar amount that is higher
18than the actual retail price of the item for which the draft a food instrument was used.
AB56-ASA1-AA2,1921b 19Section 1921b. 253.06 (4) (a) 5. of the statutes is repealed.
AB56-ASA1-AA2,1922b 20Section 1922b. 253.06 (4) (a) 5m. of the statutes is created to read:
AB56-ASA1-AA2,35,2221 253.06 (4) (a) 5m. Confiscate a food instrument or ask for or enter the electronic
22benefit transfer cardholder's personal identification number.
AB56-ASA1-AA2,1923b 23Section 1923b. 253.06 (4) (a) 6. and 8. of the statutes are repealed.
AB56-ASA1-AA2,1924b 24Section 1924b. 253.06 (4) (a) 9. of the statutes is amended to read:
AB56-ASA1-AA2,36,4
1253.06 (4) (a) 9. Submit for redemption a draft Provide to someone other than
2the department a food instrument; a Women, Infants, and Children program
3electronic benefit transfer card; or food purchased with a food instrument for
4something of value
.
AB56-ASA1-AA2,1925b 5Section 1925b. 253.06 (4) (a) 10. of the statutes is repealed.
AB56-ASA1-AA2,1926b 6Section 1926b. 253.06 (5) (a) 1. and 2. of the statutes are amended to read:
AB56-ASA1-AA2,36,97 253.06 (5) (a) 1. Minimum qualification standards for the authorization of
8vendors and infant formula suppliers and for the awarding of a contract to an entity
9under sub. (3m).
AB56-ASA1-AA2,36,1110 2. Standards of operation for authorized vendors and infant formula suppliers
11and food direct distribution centers, including prohibited practices.
AB56-ASA1-AA2,1927b 12Section 1927b. 253.06 (5) (b) 1. to 3. of the statutes are amended to read:
AB56-ASA1-AA2,36,1413 253.06 (5) (b) 1. Denial of the application to be a participant or authorized
14vendor or infant formula supplier.
AB56-ASA1-AA2,36,1715 2. Suspension Summary suspension or termination of authorization for an
16authorized vendor or infant formula supplier or, in the case of a food direct
17distribution center, termination of the contract.
AB56-ASA1-AA2,36,1918 3. Disqualification from the program under this section for a vendor, infant
19formula supplier, or
participant.
AB56-ASA1-AA2,1928b 20Section 1928b. 253.06 (5) (b) 6. to 8. of the statutes are created to read:
AB56-ASA1-AA2,36,2121 253.06 (5) (b) 6. Civil monetary penalty.
AB56-ASA1-AA2,36,2222 7. Warning letter.
AB56-ASA1-AA2,36,2323 8. Implementation of a corrective action plan.
AB56-ASA1-AA2,1929b 24Section 1929b. 253.06 (5) (d) (intro.) and 6. of the statutes are amended to
25read:
AB56-ASA1-AA2,37,10
1253.06 (5) (d) (intro.) The department may directly assess a forfeiture provided
2for under par. (b) 4., recoupment provided for under par. (b) 5. and an enforcement
3assessment provided for under par. (c). If the department determines that a
4forfeiture, recoupment or enforcement assessment should be levied, or that
5authorization or eligibility should be summarily suspended or terminated, for a
6particular violation or for failure to correct it, the department shall send a notice of
7assessment, summary suspension or termination to the vendor, food infant formula
8supplier, direct
distribution center or participant. The notice shall inform the
9vendor, food infant formula supplier, direct distribution center or participant of the
10right to a hearing under sub. (6) and shall specify all of the following:
AB56-ASA1-AA2,37,1311 6. If applicable, that the suspension or termination of authorization of the
12vendor or eligibility of the participant is
effective beginning on the 15th day after
13receipt
date of the notice of summary suspension or termination.
AB56-ASA1-AA2,1930b 14Section 1930b. 253.06 (5) (e) of the statutes is renumbered 253.06 (5) (e) 1. and
15amended to read:
AB56-ASA1-AA2,37,1916 253.06 (5) (e) 1. The suspension or termination of authorization of a vendor,
17infant formula supplier, or direct distribution center
or eligibility of a participant
18shall be effective beginning on the 15th day after receipt of the notice of suspension
19or
termination.
AB56-ASA1-AA2,38,3 202. All forfeitures, recoupments, and enforcement assessments shall be paid to
21the department within 15 days after receipt of notice of assessment or, if the
22forfeiture, recoupment, or enforcement assessment is contested under sub. (6),
23within 10 days after receipt of the final decision after exhaustion of administrative
24review, unless the final decision is adverse to the department or unless the final
25decision is appealed and the decision is stayed by court order under sub. (7). The

1department shall remit all forfeitures paid to the secretary of administration for
2deposit in the school fund. The department shall deposit all enforcement
3assessments in the appropriation under s. 20.435 (1) (gr).
AB56-ASA1-AA2,1931b 4Section 1931b. 253.06 (5) (e) 3. of the statutes is created to read:
AB56-ASA1-AA2,38,75 253.06 (5) (e) 3. The summary suspension of authorization of a vendor, infant
6formula supplier, or direct distribution center shall be effective immediately upon
7receipt of the notice under par. (d).
AB56-ASA1-AA2,1932b 8Section 1932b. 253.06 (6) (b) of the statutes is amended to read:
AB56-ASA1-AA2,38,249 253.06 (6) (b) A person may contest an assessment of forfeiture, recoupment
10or enforcement assessment, a denial, suspension or termination of authorization, a
11civil monetary penalty assessed in lieu of disqualification, a summary suspension,

12or a suspension or termination of eligibility by sending a written request for hearing
13under s. 227.44 to the division of hearings and appeals in the department of
14administration within 10 days after the receipt of the notice issued under sub. (3)
15(bm) or (5) (d). The administrator of the division of hearings and appeals may
16designate a hearing examiner to preside over the case and recommend a decision to
17the administrator under s. 227.46. The decision of the administrator of the division
18of hearings and appeals shall be the final administrative decision. The division of
19hearings and appeals shall commence the hearing and issue a final decision within
2060 days after receipt of the request for hearing unless all of the parties consent to a
21later date. Proceedings before the division of hearings and appeals are governed by
22ch. 227. In any petition for judicial review of a decision by the division of hearings
23and appeals, the department, if not the petitioner who was in the proceeding before
24the division of hearings and appeals, shall be the named respondent.
AB56-ASA1-AA2,1933b 25Section 1933b. 253.06 (8) of the statutes is amended to read:
AB56-ASA1-AA2,39,4
1253.06 (8) Inspection of premises. The department may visit and inspect each
2authorized vendor and infant formula supplier and each food direct distribution
3center, and for such purpose shall be given unrestricted access to the premises
4described in the authorization or contract.
AB56-ASA1-AA2,1934b 5Section 1934b. 253.06 (9) and (10) of the statutes are created to read:
AB56-ASA1-AA2,39,106 253.06 (9) Confidentiality of applicant and participant information. (a) Any
7information about an applicant or participant, whether it is obtained from the
8applicant or participant or another source or is generated as a result of application
9for the Women, Infants, and Children program, that identifies the applicant or
10participant or a family member of the applicant or participant is confidential.
AB56-ASA1-AA2,39,2011 (b) Except as explicitly permitted under this section, the department shall
12restrict the use and disclosure of confidential applicant and participant information
13to any person directly connected with the administration or enforcement of the
14Women, Infants, and Children program that the department determines has a need
15to know the information for Women, Infants, and Children program purposes.
16Persons who may be allowed to access confidential information under this paragraph
17include personnel from the local agencies, persons under contract with the
18department to perform research regarding the Women, Infants, and Children
19program, and persons that are investigating or prosecuting Women, Infants, and
20Children program violations of federal, state, or local law.
AB56-ASA1-AA2,39,2421 (c) The department or any local agency may use or disclose to public
22organizations confidential applicant and participant information for the
23administration of other programs that serve individuals eligible for the Women,
24Infants, and Children program in accordance with 7 CFR 246.26 (h).
AB56-ASA1-AA2,40,4
1(d) Staff of the department and local agencies who are required by state law to
2report known or suspected child abuse or neglect may disclose confidential applicant
3and participant information without the consent of the participant or applicant to
4the extent necessary to comply with the law.
AB56-ASA1-AA2,40,185 (e) Except in the case of subpoenas or search warrants, the department and
6local agencies may disclose confidential applicant and participant information to
7individuals or entities not listed in this section only if the affected applicant or
8participant signs a release form authorizing the disclosure and specifying the parties
9to which the information may be disclosed. The department or local agency shall
10allow applicants and participants to refuse to sign the release form and shall notify
11the applicant or participant that signing the form is not a condition of eligibility and
12refusing to sign the form will not affect the applicant's or participant's application
13or participation in the Women, Infants, and Children program. Release forms
14authorizing disclosure to private physicians or other health care providers may be
15included as part of the Women, Infants, and Children program application or
16certification process. All other requests for applicants or participants to sign
17voluntary release forms may occur only after the application and certification
18process is complete.
AB56-ASA1-AA2,41,419 (f) The department or local agency shall provide to an applicant or participant
20access to all information he or she has provided to the Women, Infants, and Children
21program. In the case of an applicant or participant who is an infant or child, the
22access may be provided to a parent or guardian of the infant or child, assuming that
23any issues regarding custody or guardianship have been settled. The department or
24local agency is not required to provide the applicant or participant or parent or
25guardian of an infant or child applicant or participant access to any other

1information in the file or record, including documentation of income provided by a
23rd party and staff assessments of an applicant or participant's condition or
3behavior, unless required by law or unless the information supports a state or local
4agency decision being appealed under 7 CFR 246.9.
AB56-ASA1-AA2,41,10 5(10) Confidentiality of vendor information. (a) Any information about a
6vendor, whether it is obtained from the vendor or another source, that individually
7identifies the vendor except for the vendor's name, address, telephone number,
8Internet or electronic mail address, store type, and Women, Infants, and Children
9program authorization status is confidential. The department shall restrict the use
10or disclosure of confidential vendor information to any of the following:
AB56-ASA1-AA2,41,1611 1. Persons directly connected with the administration or enforcement of the
12Women, Infants, and Children program or the food stamp program under s. 49.79
13that the department determines has a need to know the information for purposes of
14these programs. These persons may include personnel from local agencies and
15persons investigating or prosecuting violations of Women, Infants, and Children
16program or food stamp program federal, state, or local laws.
AB56-ASA1-AA2,41,2217 2. Persons directly connected with the administration or enforcement of any
18federal or state law or local ordinance. Before releasing information to a state or local
19entity, the department shall enter into a written agreement with the requesting
20party specifying that the information may not be used or redisclosed except for
21purposes directly connected with the administration or enforcement of the federal or
22state law or local ordinance.
AB56-ASA1-AA2,41,2523 3. A vendor that is subject to an adverse action under sub. (5), including a claim,
24to the extent that the confidential information concerns the vendor that is subject to
25the adverse action and is related to the adverse action.
AB56-ASA1-AA2,42,8
1(b) The department may disclose to all authorized vendors and applicants to
2be a vendor sanctions that have been imposed on vendors if the disclosure identifies
3only the vendor's name, address, length of the disqualification or amount of the
4monetary penalty, and a summary of the reason for the sanction provided in the
5notice of adverse action under sub. (5). The information under this paragraph may
6be disclosed only after all administrative and judicial review is exhausted and the
7department has prevailed regarding the sanction imposed on the vendor or after the
8time period for requesting administrative and judicial review has expired.”.
AB56-ASA1-AA2,42,9 982. Page 445, line 17: after that line insert:
AB56-ASA1-AA2,42,10 10 Section 1935w. 253.07 (1) (a) 3. of the statutes is created to read:
AB56-ASA1-AA2,42,1111 253.07 (1) (a) 3. Pregnancy termination.
AB56-ASA1-AA2,1936w 12Section 1936w. 253.07 (1) (b) 3. of the statutes is created to read:
AB56-ASA1-AA2,42,1313 253.07 (1) (b) 3. Pregnancy termination.
AB56-ASA1-AA2,1937w 14Section 1937w. 253.07 (5) (b) (intro.) of the statutes is renumbered 253.07 (5)
15(b) and amended to read:
AB56-ASA1-AA2,42,1916 253.07 (5) (b) Subject to par. (c), a A public entity that receives women's health
17funds under this section may provide some or all of the funds to other public or
18private entities provided that the recipient of the funds does not do any of the
19following:
.
AB56-ASA1-AA2,1938w 20Section 1938w. 253.07 (5) (b) 1. to 3. of the statutes are repealed.
AB56-ASA1-AA2,1939w 21Section 1939w. 253.07 (5) (c) of the statutes is repealed.
AB56-ASA1-AA2,1940w 22Section 1940w. 253.075 of the statutes is repealed.”.
AB56-ASA1-AA2,42,23 2383. Page 446, line 1: delete lines 1 and 2 and substitute:
AB56-ASA1-AA2,43,2
1“254.151 (2m) Award grants for residential lead hazard abatement, residential
2lead hazard reduction, and lead abatement worker training.”.
AB56-ASA1-AA2,43,4 384. Page 448, line 25: delete the material beginning with that line and ending
4with page 449, line 2, and substitute:
AB56-ASA1-AA2,43,5 5 Section 1950m. 255.06 (2) (i) of the statutes is amended to read:
AB56-ASA1-AA2,43,76 255.06 (2) (i) Multiple sclerosis services. Allocate and expend at least up to
7$60,000 as reimbursement for the provision of multiple sclerosis services to women.”.
AB56-ASA1-AA2,43,8 885. Page 454, line 12: after that line insert:
AB56-ASA1-AA2,43,9 9 Section 2093k. 632.796 of the statutes is created to read:
AB56-ASA1-AA2,43,11 10632.796 Drug cost report. (1) Definition. In this section, “disability
11insurance policy” has the meaning given in s. 632.895 (1) (a).
AB56-ASA1-AA2,43,17 12(2) Report required. Annually, at the time the insurer files its rate request
13with the commissioner, each insurer that offers a disability insurance policy that
14covers prescription drugs shall submit to the commissioner a report that identifies
15the 25 prescription drugs that are the highest cost to the insurer and the 25
16prescription drugs that have the highest cost increases over the 12 months before the
17submission of the report.
AB56-ASA1-AA2,2094k 18Section 2094k. 632.865 (3) of the statutes is created to read:
AB56-ASA1-AA2,43,2119 632.865 (3) Registration required. (a) No person may perform any activities
20of a pharmacy benefit manager in this state without first registering with the
21commissioner under this subsection.
AB56-ASA1-AA2,43,2422 (b) The commissioner shall establish a registration procedure for pharmacy
23benefit managers. The commissioner may promulgate any rules necessary to
24implement the registration procedure under this paragraph.
AB56-ASA1-AA2,2095k
1Section 2095k. 632.866 of the statutes is created to read:
AB56-ASA1-AA2,44,2 2632.866 Prescription drug cost reporting. (1) Definitions. In this section:
AB56-ASA1-AA2,44,43 (a) “Brand-name drug” means a prescription drug approved under 21 USC 355
4(b) or 42 USC 262.
AB56-ASA1-AA2,44,65 (b) “Covered hospital” means an entity described in 42 USC 256b (a) (4) (L) to
6(N) that participates in the federal drug-pricing program under 42 USC 256b.
AB56-ASA1-AA2,44,77 (c) “Disability insurance policy” has the meaning given in s. 632.895 (1) (a).
AB56-ASA1-AA2,44,88 (d) “Generic drug” means a prescription drug approved under 21 USC 355 (j).
AB56-ASA1-AA2,44,119 (e) “Manufacturer” has the meaning given in s. 450.01 (12). “Manufacturer”
10does not include an entity that is engaged only in the dispensing, as defined in s.
11450.01 (7), of a brand-name drug or a generic drug.
AB56-ASA1-AA2,44,1512 (f) “Manufacturer-sponsored assistance program” means a program offered by
13a manufacturer or an intermediary under contract with a manufacturer through
14which a brand-name drug or a generic drug is provided to a patient at no charge or
15at a discount.
AB56-ASA1-AA2,44,1916 (g) “Margin” means, for a covered hospital, the difference between the net cost
17of a brand-name drug or generic drug covered under the federal drug-pricing
18program under 42 USC 256b and the net payment by the covered hospital for that
19brand-name drug or generic drug.
AB56-ASA1-AA2,44,2120 (h) “Net payment” means the amount paid for a brand-name drug or generic
21drug after all discounts and rebates have been applied.
AB56-ASA1-AA2,44,2222 (i) “Pharmacy benefit manager” has the meaning given in s. 632.865 (1) (c).
AB56-ASA1-AA2,45,223 (j) “Wholesale acquisition cost” means the most recently reported
24manufacturer list or catalog price for a brand-name drug or a generic drug available

1to wholesalers or direct purchasers in the United States, before application of
2discounts, rebates, or reductions in price.
AB56-ASA1-AA2,45,8 3(2) Price increase or introduction notice; justification report. (a) A
4manufacturer shall notify the commissioner if it is increasing the wholesale
5acquisition cost of a brand-name drug on the market in this state by more than 10
6percent or by more than $10,000 during any 12-month period or if it intends to
7introduce to market in this state a brand-name drug that has an annual wholesale
8acquisition cost of $30,000 or more.
AB56-ASA1-AA2,45,129 (b) A manufacturer shall notify the commissioner if it is increasing the
10wholesale acquisition cost of a generic drug by more than 25 percent or by more than
11$300 during any 12-month period or if it intends to introduce to market a generic
12drug that has an annual wholesale acquisition cost of $3,000 or more.
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