AB748: Bill Text

AB748,,195 (6) Reimbursement prohibition. No person, including a manufacturer, pharmacy, pharmacist, or 3rd-party administrator, as part of participating in an urgent need safety net program or patient assistance program may request or seek, or cause another person to request or seek, any reimbursement or other compensation for which payment may be made in whole or in part under a federal health care program, as defined in 42 USC 1320a-7b (f).

AB748,,196 (7) Reports. (a) Annually, no later than March 1, each manufacturer shall report to the commissioner all of the following information for the previous calendar year:

AB748,,197 1. The number of individuals who received insulin under the manufacturer’s urgent need safety net program.

AB748,,198 2. The number of individuals who sought assistance under the manufacturer’s patient assistance program and the number of individuals who were determined to be ineligible under sub. (3) (c) 4.

AB748,,199 3. The wholesale acquisition cost of the insulin provided by the manufacturer through the urgent need safety net program and patient assistance program.

AB748,,200 (b) Annually, no later than April 1, 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 urgent need safety net programs and patient assistance programs that includes all of the following:

AB748,,201 1. The information provided to the commissioner under par. (a).

AB748,,202 2. The penalties assessed under sub. (9) during the previous calendar year, including the name of the manufacturer and amount of the penalty.

AB748,,203 (8) Additional responsibilities of commissioner. (a) Application form. The commissioner shall make the application form described in sub. (2) (c) 1. a. available on the office’s website and shall make the form available to pharmacies and health care providers who prescribe or dispense insulin, hospital emergency departments, urgent care clinics, and community health clinics.

AB748,,204 (b) Public outreach. 1. The commissioner shall conduct public outreach to create awareness of the urgent need safety net programs and patient assistance programs.

AB748,,205 2. The commissioner shall develop and make available on the office’s website an information sheet that contains all of the following information:

AB748,,206 a. A description of how to access insulin through an urgent need safety net program.

AB748,,207 b. A description of how to access insulin through a patient assistance program.

AB748,,208 c. Information on how to contact a navigator for assistance in accessing insulin through an urgent need safety net program or patient assistance program.

AB748,,209 d. Information on how to contact the commissioner if a manufacturer determines that an individual is not eligible for a patient assistance program.

AB748,,210 e. A notification that an individual may contact the commissioner for more information or assistance in accessing ongoing affordable insulin options.

AB748,,211 (c) Navigators. The commissioner shall develop a training program to provide navigators with information and the resources necessary to assist individuals in accessing appropriate long-term insulin options. The commissioner shall compile a list of navigators that have completed the training program and are available to assist individuals in accessing affordable insulin coverage options. The list shall be made available on the office’s website and to pharmacies and health care practitioners who dispense and prescribe insulin.

AB748,,212 (d) Satisfaction surveys. 1. The commissioner shall develop and conduct a satisfaction survey of individuals who have accessed insulin through urgent need safety net programs and patient assistance programs. The survey shall ask whether the individual is still in need of a long-term solution for affordable insulin and shall include questions about the individual’s satisfaction with all of the following, if applicable:

AB748,,213 a. Accessibility to urgent-need insulin.

AB748,,214 b. Adequacy of the information sheet and list of navigators received from the pharmacy.

AB748,,215 c. Helpfulness of a navigator.

AB748,,216 d. Ease of access in applying for a patient assistance program and receiving insulin from the pharmacy under the patient assistance program.

AB748,,217 2. The commissioner shall develop and conduct a satisfaction survey of pharmacies that have dispensed insulin through urgent need safety net programs and patient assistance programs. The survey shall include questions about the pharmacy’s satisfaction with all of the following, if applicable:

AB748,,218 a. Timeliness of reimbursement from manufacturers for insulin dispensed by the pharmacy under urgent need safety net programs.

AB748,,219 b. Ease in submitting insulin orders to manufacturers.

AB748,,220 c. Timeliness of receiving insulin orders from manufacturers.

AB748,,221 3. The commissioner may contract with a nonprofit entity to develop and conduct the surveys under subds. 1. and 2. and to evaluate the survey results.

AB748,,222 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.

AB748,,223 (9) Penalty. A manufacturer that fails to comply with this section may be assessed a penalty of up to $200,000 per month of noncompliance, with the maximum penalty increasing to $400,000 per month if the manufacturer continues to be in noncompliance after 6 months and increasing to $600,000 per month if the manufacturer continues to be in noncompliance after one year.

AB748,18 Section 18. 632.869 of the statutes is created to read:

AB748,,225 632.869 Reimbursement to federal drug pricing program participants. (1) In this section:

AB748,,226 (a) “Covered entity” means an entity described in 42 USC 256b (a) (4) (A), (D), (E), (J), or (N) that participates in the federal drug pricing program under 42 USC 256b, a pharmacy of the entity, or a pharmacy contracted with the entity to dispense drugs purchased through the federal drug pricing program under 42 USC 256b.

AB748,,227 (b) “Pharmacy benefit manager” has the meaning given in s. 632.865 (1) (c).

AB748,,228 (2) No person, including a pharmacy benefit manager and 3rd-party payer, may do any of the following:

AB748,,229 (a) Reimburse a covered entity for a drug that is subject to an agreement under 42 USC 256b at a rate lower than that paid for the same drug to pharmacies that are not covered entities and have a similar prescription volume to that of the covered entity.

AB748,,230 (b) Assess a covered entity any fee, charge back, or other adjustment on the basis of the covered entity’s participation in the federal drug pricing program under 42 USC 256b.

AB748,19 Section 19. 632.895 (6) (title) of the statutes is amended to read:

AB748,,232 632.895 (6) (title) Equipment and supplies for treatment of diabetes; insulin.

AB748,20 Section 20. 632.895 (6) of the statutes is renumbered 632.895 (6) (a) and amended to read:

AB748,,234 632.895 (6) (a) Every disability insurance policy which that provides coverage of expenses incurred for treatment of diabetes shall provide coverage for expenses incurred by the installation and use of an insulin infusion pump, coverage for all other equipment and supplies, including insulin or any other prescription medication, used in the treatment of diabetes, and coverage of diabetic self-management education programs. Coverage Except as provided in par. (b), coverage required under this subsection shall be subject to the same exclusions, limitations, deductibles, and coinsurance provisions of the policy as other covered expenses, except that insulin infusion pump coverage may be limited to the purchase of one pump per year and the insurer may require the insured to use a pump for 30 days before purchase.

AB748,21 Section 21. 632.895 (6) (b) of the statutes is created to read:

AB748,,236 632.895 (6) (b) 1. In this paragraph:

AB748,,237 a. “Cost sharing” means the total of any deductible, copayment, or coinsurance amounts imposed on a person covered under a policy or plan.

AB748,,238 b. “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).

AB748,,239 2. Every disability insurance policy and self-insured health plan that covers insulin and imposes cost sharing on prescription drugs may not impose cost sharing on insulin in an amount that exceeds $35 for a one-month supply of insulin.

AB748,,240 3. Nothing in this paragraph prohibits a disability insurance policy or self-insured health plan from imposing cost sharing on insulin in an amount less than the amount specified under subd. 2. Nothing in this paragraph requires a disability insurance policy or self-insured health plan to impose any cost sharing on insulin.

AB748,22 Section 22. Nonstatutory provisions.

AB748,,242 (1) Centralized drug repository. The department of health services shall study and implement a centralized physical drug repository program under s. 255.056.

AB748,,243 (2) 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).

AB748,,244 (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.

AB748,23 Section 23. Effective date.

AB748,,246 (1) Cost-sharing cap on insulin. The treatment of ss. 609.83 and 632.895 (6) (title), the renumbering and amendment of s. 632.895 (6), and the creation of s. 632.895 (6) (b) take effect on the first day of the 4th month beginning after publication.

AB748,,247 (end)