SB737,32141Section 32. 632.865 (8) of the statutes is created to read: SB737,,142142632.865 (8) Retaliation prohibited. (a) In this subsection, “retaliate” includes any of the following actions taken by a pharmacy benefit manager: SB737,,1431431. Terminating or refusing to renew a contract with a pharmacy or pharmacist. SB737,,1441442. Subjecting a pharmacy or pharmacist to increased audits. SB737,,1451453. Failing to promptly pay a pharmacy or pharmacist any money the pharmacy benefit manager owes to the pharmacy or pharmacist. SB737,,146146(b) A pharmacy benefit manager may not retaliate against a pharmacy or pharmacist for reporting an alleged violation of this section or for exercising a right or remedy under this section. SB737,,147147(c) In addition to any other remedies provided by law, a pharmacy or pharmacist may bring an action in court for injunctive relief based on a violation of par. (b). In addition to equitable relief, the court may, notwithstanding s. 814.04 (1), award a pharmacy or pharmacist that prevails in such an action reasonable attorney fees and costs in prosecuting the action. SB737,33148Section 33. Initial applicability. SB737,,149149(1) Affiliated reimbursements. Except as provided in sub. (4), the treatment of s. 632.865 (2d) (d) first applies to a reimbursement amount paid for on a claim for reimbursement submitted on the effective date of this subsection. SB737,,150150(2) Professional dispensing fees. Except as provided in sub. (4), the treatment of s. 632.865 (2h) first applies to a pharmaceutical product that is dispensed on the effective date of this subsection. SB737,,151151(3) Pharmacy benefit manager-imposed fees. Except as provided in sub. (4), the treatment of s. 632.865 (2p) first applies to remuneration collected by a pharmacy benefit manager on the effective date of this subsection. SB737,,152152(4) Contracts. The treatment of ss. 632.861 (1m), (3g), (3r), and (4) (a) and (e) and 632.865 (1) (ab), (ac), (ae), (an), (aq), (at), (bm), (cg), and (cr), (2), (2d), (2h), (2p), (2t), (5) (e), (5d), (5h), (5p), (5t), (6) (bm) and (c) 3. and 3m., (6g), (6r), and (8), the renumbering of s. 632.865 (4), and the creation of s. 632.865 (4) (b) first apply to a pharmacy benefit manager that is affected by a contract that contains a provisions inconsistent with those treatments on the day on which the contract expires or is extended, modified, or renewed, whichever occurs first. SB737,,153153(5) Application of prescription drug payments. SB737,,154154(a) For policies and plans containing provisions inconsistent with the treatment of s. 632.862, that treatment 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). SB737,,155155(b) For policies or plans that are affected by a collective bargaining agreement containing provisions inconsistent with the treatment of s. 632.862, that treatment 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. SB737,34156Section 34. Effective dates. This act takes effect on the day after publication, except as follows: SB737,,157157(1) Application of prescription drug payments. The treatment of s. 632.862 takes effect on the first day of the 4th month beginning after publication.