This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB56-ASA1-AA2,24,3 22250.048 Prescription drug importation program. (1) Importation
23program requirements.
The department, in consultation with persons interested in
24the sale and pricing of prescription drugs and appropriate officials and agencies of

1the federal government, shall design and implement a prescription drug importation
2program for the benefit of residents of this state, that generates savings for residents,
3and that satisfies all of the following:
AB56-ASA1-AA2,24,64 (a) The department shall designate a state agency to become a licensed
5wholesale distributor or to contract with a licensed wholesale distributor and shall
6seek federal certification and approval to import prescription drugs.
AB56-ASA1-AA2,24,97 (b) The prescription drug importation program under this section shall comply
8with relevant requirements of 21 USC 384, including safety and cost savings
9requirements.
AB56-ASA1-AA2,24,1210 (c) The prescription drug importation program under this section shall import
11prescription drugs from Canadian suppliers regulated under any appropriate
12Canadian or provincial laws.
AB56-ASA1-AA2,24,1513 (d) The prescription drug importation program under this section shall have
14a process to sample the purity, chemical composition, and potency of imported
15prescription drugs.
AB56-ASA1-AA2,24,1916 (e) The prescription drug importation program under this section shall import
17only those prescription drugs for which importation creates substantial savings for
18residents of the state and only those prescription drugs that are not brand-name
19drugs and that have fewer than 4 competitor prescription drugs in the United States.
AB56-ASA1-AA2,24,2220 (f) The department shall ensure that prescription drugs imported under the
21program under this section are not distributed, dispensed, or sold outside of the
22state.
AB56-ASA1-AA2,24,2423 (g) The prescription drug importation program under this section shall ensure
24all of the following:
AB56-ASA1-AA2,25,2
11. Participation by any pharmacy or health care provider in the program is
2voluntary.
AB56-ASA1-AA2,25,43 2. Any pharmacy or health care provider participating in the program has the
4appropriate license or other credential in this state.
AB56-ASA1-AA2,25,75 3. Any pharmacy or health care provider participating in the program charges
6a consumer or health plan the actual acquisition cost of the imported prescription
7drug that is dispensed.
AB56-ASA1-AA2,25,118 (h) The prescription drug importation program under this section shall ensure
9that a payment by a health plan or health insurance policy for a prescription drug
10imported under the program reimburses no more than the actual acquisition cost of
11the imported prescription drug that is dispensed.
AB56-ASA1-AA2,25,1412 (i) The prescription drug importation program under this section shall ensure
13that any health plan or health insurance policy participating in the program does all
14of the following:
AB56-ASA1-AA2,25,1615 1. Maintains a formulary and claims payment system with current information
16on prescription drugs imported under the program.
AB56-ASA1-AA2,25,1917 2. Bases cost-sharing amounts for participants or insureds under the plan or
18policy on no more than the actual acquisition cost of the prescription drug imported
19under the program that is dispensed to the participant or insured.
AB56-ASA1-AA2,25,2220 3. Demonstrates to the department or a state agency designated by the
21department how premiums under the policy or plan are affected by savings on
22prescription drugs imported under the program.
AB56-ASA1-AA2,25,2523 (j) Any wholesale distributor importing prescription drugs under the program
24under this section shall limit its profit margin to the amount established by the
25department or a state agency designated by the department.
AB56-ASA1-AA2,26,3
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.
AB56-ASA1-AA2,26,84 (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 possession of the state's wholesale distributor and fully after the prescription
7drug to be imported is in possession of the state's wholesale distributor with tracking
8and tracing requirements of 21 USC 360eee to 360eee-1.
AB56-ASA1-AA2,26,119 (m) The prescription drug importation program under this section shall
10establish a fee or other approach to finance the program that does not jeopardize
11significant savings to residents of the state.
AB56-ASA1-AA2,26,1312 (n) The prescription drug importation program under this section shall have
13an audit function that ensures all of the following:
AB56-ASA1-AA2,26,1614 1. The department has a sound methodology to determine the most
15cost-effective prescription drugs to include in the importation program under this
16section.
AB56-ASA1-AA2,26,1817 2. The department has a process in place to select Canadian suppliers that are
18high quality, high performing, and in full compliance with Canadian laws.
AB56-ASA1-AA2,26,2019 3. Prescription drugs imported under the program are pure, unadulterated,
20potent, and safe.
AB56-ASA1-AA2,26,2221 4. The prescription drug importation program is complying with the
22requirements of this subsection.
AB56-ASA1-AA2,26,2523 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.
AB56-ASA1-AA2,27,2
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.
AB56-ASA1-AA2,27,43 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.
AB56-ASA1-AA2,27,7 5(2) Anticompetitive behavior. The department, in consultation with the
6attorney general, shall identify the potential for and monitor anticompetitive
7behavior in industries affected by a prescription drug importation program.
AB56-ASA1-AA2,27,18 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 department 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 department 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
17department shall submit to the federal department of health and human services a
18request for certification of the approved prescription drug importation program.
AB56-ASA1-AA2,28,2 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 department shall begin implementation of the program
22and the program shall be fully operational by 180 days after the date of certification
23by the federal department of health and human services. The department shall do
24all of the following to implement the prescription drug importation program to the

1extent the action is in accordance with other state laws and the certification by the
2federal department of health and human services:
AB56-ASA1-AA2,28,53 (a) Become a licensed wholesale distributor, designate another state agency to
4become a licensed wholesale distributor, or contract with a licensed wholesale
5distributor.
AB56-ASA1-AA2,28,76 (b) Contract with one or more Canadian suppliers that meet the criteria in sub.
7(1) (c).
AB56-ASA1-AA2,28,118 (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.
AB56-ASA1-AA2,28,1412 (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.
AB56-ASA1-AA2,28,1615 (e) Create a publicly accessible source for listing prices of prescription drugs
16imported under the program.
AB56-ASA1-AA2,28,1917 (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.
AB56-ASA1-AA2,28,2120 (g) Establish the audit functions under sub. (1) (n) with a timeline to complete
21each audit function every 2 years.
AB56-ASA1-AA2,28,2422 (h) Conduct any other activities determined by the department to be important
23to successful implementation of the prescription drug importation program under
24this section.
AB56-ASA1-AA2,29,2
1(5) Report. By January 1 and July 1 of each year, the department shall submit
2to the joint committee on finance a report including all of the following:
AB56-ASA1-AA2,29,43 (a) A list of prescription drugs included in the importation program under this
4section.
AB56-ASA1-AA2,29,75 (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.
AB56-ASA1-AA2,29,128 (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.
AB56-ASA1-AA2,29,1413 (d) Findings of any audit functions under sub. (1) (n) completed since the date
14of the previous report under this subsection.”.
AB56-ASA1-AA2,29,15 1579. Page 433, line 5: delete lines 5 to 11 and substitute:
AB56-ASA1-AA2,29,16 16 Section 1892b. 250.10 (1m) (b) of the statutes is amended to read:
AB56-ASA1-AA2,29,2217 250.10 (1m) (b) Award in each fiscal year to qualified applicants grants totaling
18$25,000 no less than $50,000 for fluoride supplements, $25,000 for a fluoride
19mouth-rinse program
varnish and other evidence-based oral health activities,
20$700,000 for school-based preventive dental services
, and $120,000 for a
21school-based dental sealant program
$100,000 for school-based restorative dental
22services
.”.
AB56-ASA1-AA2,29,24 2380. Page 433, line 12: delete the material beginning with that line and ending
24with page 434, line 2, and substitute:
AB56-ASA1-AA2,30,1
1 Section 1893b. 250.20 (3) of the statutes is amended to read:
AB56-ASA1-AA2,30,112 250.20 (3) From the appropriation account under s. 20.435 (1) (kb) (cr), the
3department shall annually award grants for activities to improve the health status
4of economically disadvantaged minority group members. A person may apply, in the
5manner specified by the department, for a grant of up to $50,000 in each fiscal year
6to conduct these activities. An awardee of a grant under this subsection shall
7provide, for at least 50 percent of the grant amount, matching funds that may consist
8of funding or an in-kind contribution. An applicant that is not a federally qualified
9health center, as defined under 42 CFR 405.2401 (b) shall receive priority for grants
10awarded under this subsection. An applicant that provides maternal and child
11health services shall receive priority for grants awarded under this subsection.
AB56-ASA1-AA2,1894b 12Section 1894b. 250.20 (4) of the statutes is amended to read:
AB56-ASA1-AA2,30,1613 250.20 (4) From the appropriation account under s. 20.435 (1) (kb) (cr), the
14department shall award a grant of up to $50,000 in each fiscal year to a private
15nonprofit corporation that applies, in the manner specified by the department, to
16conduct a public information campaign on minority health.”.
AB56-ASA1-AA2,30,18 1781. Page 434, line 3: delete the material beginning with that line and ending
18with page 445, line 17, and substitute:
AB56-ASA1-AA2,30,20 19 Section 1896b. 253.06 (1) (a) of the statutes is renumbered 253.06 (1) (am)
20and amended to read:
AB56-ASA1-AA2,30,2421 253.06 (1) (am) “Authorized Approved food" means food identified by the
22department as an authorized food in accordance with 7 CFR 246.10 as acceptable for
23use under the federal special supplemental food nutrition program for women,
24infants and children under 42 USC 1786.
AB56-ASA1-AA2,1897b
1Section 1897b. 253.06 (1) (ag) of the statutes is created to read:
AB56-ASA1-AA2,31,52 253.06 (1) (ag) “Alternate participant” means a person who has been
3authorized by a participant to request benefits, participate in nutrition education,
4bring an infant or child to a Women, Infants, and Children program appointment,
5and have access to information in the participant's file.
AB56-ASA1-AA2,1898b 6Section 1898b. 253.06 (1) (b) of the statutes is repealed.
AB56-ASA1-AA2,1899b 7Section 1899b. 253.06 (1) (br) of the statutes is created to read:
AB56-ASA1-AA2,31,118 253.06 (1) (br) “Cardholder” means a participant; alternate participant;
9parent, legal guardian, or caretaker of a participant; or another person in possession
10of a Women, Infants, and Children program electronic benefit transfer card and the
11personal identification number for the card.
AB56-ASA1-AA2,1900b 12Section 1900b. 253.06 (1) (c) of the statutes is repealed.
AB56-ASA1-AA2,1901b 13Section 1901b. 253.06 (1) (cm) of the statutes is amended to read:
AB56-ASA1-AA2,31,1614 253.06 (1) (cm) “Food Direct distribution center" means an entity, other than
15a vendor, that is under contract with the department under sub. (3m) to distribute
16authorized approved food to participants.
AB56-ASA1-AA2,1902b 17Section 1902b. 253.06 (1) (cp), (cr), (ct) and (cv) of the statutes are created to
18read:
AB56-ASA1-AA2,31,2119 253.06 (1) (cp) “Electronic benefit transfer” means a method that permits
20electronic access to Women, Infants, and Children program benefits using a device,
21approved by the department, with payments made in accordance with ch. 410.
AB56-ASA1-AA2,31,2522 (cr) “Food instrument” means a voucher, check, electronic benefit transfer card,
23electronic benefit transfer card number and personal identification number, coupon,
24or other method used by a participant to obtain Women, Infants, and Children
25program approved foods.
AB56-ASA1-AA2,32,2
1(ct) “Infant formula supplier” means a wholesaler, distributor, retailer, or
2manufacturer of infant formula.
AB56-ASA1-AA2,32,63 (cv) “Local agency” means an entity that has a contract with the department
4to provide services under the Women, Infants, and Children program such as
5eligibility determination, benefit issuance, and nutritional counseling for
6participants.
AB56-ASA1-AA2,1903b 7Section 1903b. 253.06 (1) (dm) of the statutes is repealed.
AB56-ASA1-AA2,1904b 8Section 1904b. 253.06 (1) (dr) and (dv) of the statutes are created to read:
AB56-ASA1-AA2,32,119 253.06 (1) (dr) “Summary suspension” means an emergency action taken by the
10department to suspend an authorization under the Women, Infants, and Children
11program.
AB56-ASA1-AA2,32,1212 (dv) “Trafficking” means doing any of the following:
AB56-ASA1-AA2,32,1513 1. Buying, selling, stealing, or otherwise exchanging for cash or consideration
14other than approved food Women, Infants, and Children program food instruments
15or benefits that are issued and accessed via a food instrument.
AB56-ASA1-AA2,32,1716 2. Exchanging firearms, ammunition, explosives, or controlled substances, as
17defined in 21 USC 802, for a food instrument.
AB56-ASA1-AA2,32,1918 3. Intentionally purchasing and reselling for cash or consideration other than
19approved food a product that is purchased with a food instrument.
AB56-ASA1-AA2,32,2120 4. Intentionally purchasing with cash or consideration other than approved
21food a product that was originally purchased with a food instrument.
AB56-ASA1-AA2,1905b 22Section 1905b. 253.06 (1) (e) of the statutes is amended to read:
AB56-ASA1-AA2,32,2523 253.06 (1) (e) “Vendor" means a grocery store or pharmacy that sells authorized
24person that operates one or more stores or pharmacies authorized by the department
25under sub. (3) to provide approved foods under a retail
food delivery system.
AB56-ASA1-AA2,1906b
1Section 1906b. 253.06 (1) (f) of the statutes is repealed.
AB56-ASA1-AA2,1907b 2Section 1907b. 253.06 (1) (g) of the statutes is created to read:
AB56-ASA1-AA2,33,53 253.06 (1) (g) “Women, Infants, and Children program” means the federal
4special supplemental nutrition program for women, infants and children under 42
5USC 1786
and this section.
AB56-ASA1-AA2,1908b 6Section 1908b. 253.06 (1m) of the statutes is created to read:
AB56-ASA1-AA2,33,97 253.06 (1m) Program administration. (a) The department may identify an
8alternate participant as the Women, Infants, and Children program cardholder for
9purposes of electronic administration of the Women, Infants, and Children program.
AB56-ASA1-AA2,1909b 10Section 1909b. 253.06 (3) (a) (intro.) of the statutes is amended to read:
AB56-ASA1-AA2,33,1211 253.06 (3) (a) (intro.) The department may authorize a vendor to accept drafts
12only if the vendor meets all of the following conditions:
AB56-ASA1-AA2,1910b 13Section 1910b. 253.06 (3) (a) 5. of the statutes is created to read:
AB56-ASA1-AA2,33,2014 253.06 (3) (a) 5. The vendor has an electronic benefit transfer-capable cash
15register system or payment device, approved by the department, that is able to
16accurately and securely obtain Women, Infants, and Children program food balances
17associated with the electronic benefit transfer card, maintain the necessary
18electronic files such as the approved food list, successfully complete Women, Infants,
19and Children program electronic benefit transfer purchases, and process Women,
20Infants, and Children program electronic benefit transfer payments.
AB56-ASA1-AA2,1911b 21Section 1911b. 253.06 (3) (bg) of the statutes is amended to read:
AB56-ASA1-AA2,33,2522 253.06 (3) (bg) The department may limit the number of vendors that it
23authorizes under this subsection if the department determines that the number of
24vendors already authorized under this subsection is sufficient to permit participants
25to obtain authorized approved food conveniently.
Loading...
Loading...