AB114-ASA1,10,14 c. Approved by the federal food and drug administration for use without a prescription.

AB114-ASA1,10,22 2. A disability insurance policy, self-insured health plan, or pharmacy benefit manager is not required to provide advanced written notice under par. (a) if, for the prescription drug that is being removed from the formulary or reassigned to a benefit tier that has a higher deductible, copayment, or coinsurance, the policy, plan, or pharmacy benefit manager adds to the formulary a generic prescription drug that is approved by the federal food and drug administration for use as an alternative to the prescription drug or a prescription drug in the same pharmacologic class or with the same mechanism of action at any of the following benefit tiers:

AB114-ASA1,10,24 a. The same benefit tier from which the prescription drug is being removed or reassigned.

AB114-ASA1,11,2 b. A benefit tier that has a lower deductible, copayment, or coinsurance than the benefit tier from which the prescription drug is being removed or reassigned.

AB114-ASA1,11,10 (c) A pharmacist or pharmacy shall notify an enrollee in a disability insurance policy or self-insured health plan if a prescription drug for which an enrollee is filling or refilling a prescription is removed from the formulary and the policy or plan or a pharmacy benefit manager acting on behalf of a policy or plan adds to the formulary a generic prescription drug that is approved by the federal food and drug administration for use as an alternative to the prescription drug or a prescription drug in the same pharmacologic class or with the same mechanism of action at any of the following benefit tiers:

AB114-ASA1,11,12 1. The same benefit tier from which the prescription drug is being removed or reassigned.

AB114-ASA1,11,14 2. A benefit tier that has a lower deductible, copayment, or coinsurance than the benefit tier from which the prescription drug is being removed or reassigned.

AB114-ASA1,11,21 (d) If an enrollee has had an adverse reaction to the generic prescription drug or the prescription drug in the same pharmacologic class or with the same mechanism of action that is being substituted for an originally prescribed drug, the pharmacist or pharmacy may extend the prescription order for the originally prescribed drug to fill one 30-day supply of the originally prescribed drug for the cost-sharing amount that applies to the prescription drug at the time of the substitution.

AB114-ASA1,16 Section 16. 632.865 (1) (a) of the statutes is renumbered 632.865 (1) (aw).

AB114-ASA1,17 Section 17. 632.865 (1) (ae) and (ak) of the statutes are created to read:

AB114-ASA1,11,24 632.865 (1) (ae) “Health benefit plan” has the meaning given in s. 632.745 (11).

AB114-ASA1,11,25 (ak) “Health care provider” has the meaning given in s. 146.81 (1).

AB114-ASA1,18 Section 18. 632.865 (1) (c) of the statutes is renumbered 632.865 (1) (c) (intro.) and amended to read:

AB114-ASA1,12,5 632.865 (1) (c) (intro.) “Pharmacy benefit manager" means an entity doing business in this state that contracts to administer or manage prescription drug benefits on behalf of any of the following:

AB114-ASA1,12,6 1. An insurer or other.

AB114-ASA1,12,8 3. Another entity that provides prescription drug benefits to residents of this state.

AB114-ASA1,19 Section 19 . 632.865 (1) (c) 2. of the statutes is created to read:

AB114-ASA1,12,10 632.865 (1) (c) 2. A cooperative, as defined in s. 185.01 (2).

AB114-ASA1,20 Section 20. 632.865 (1) (dm) of the statutes is created to read:

AB114-ASA1,12,12 632.865 (1) (dm) “Prescription drug" has the meaning given in s. 450.01 (20).

AB114-ASA1,21 Section 21. 632.865 (3) to (7) of the statutes are created to read:

AB114-ASA1,12,16 632.865 (3) License required. No person may perform any activities of a pharmacy benefit manager without being licensed by the commissioner as an administrator or pharmacy benefit manager under s. 633.14.

AB114-ASA1,12,23 (4) Accreditation for network participation. A pharmacy benefit manager or a representative of a pharmacy benefit manager shall provide to a pharmacy, within 30 days of receipt of a written request from the pharmacy, a written notice of any certification or accreditation requirements used by the pharmacy benefit manager or its representative as a determinant of network participation. A pharmacy benefit manager or a representative of a pharmacy benefit manager may change its accreditation requirements no more frequently than once every 24 months.

AB114-ASA1,13,3 (5) Retroactive claim reduction. Unless required otherwise by federal law, a pharmacy benefit manager may not retroactively deny or reduce a pharmacist's or pharmacy's claim after adjudication of the claim unless any of the following is true:

AB114-ASA1,13,4 (a) The original claim was submitted fraudulently.

AB114-ASA1,13,7 (b) The payment for the original claim was incorrect. Recovery for an incorrect payment under this paragraph is limited to the amount that exceeds the allowable claim.

AB114-ASA1,13,8 (c) The pharmacy services were not rendered by the pharmacist or pharmacy.

AB114-ASA1,13,10 (d) In making the claim or performing the service that is the basis for the claim, the pharmacist or pharmacy violated state or federal law.

AB114-ASA1,13,12 (e) The reduction is permitted in a contract between a pharmacy and a pharmacy benefit manager and is related to a quality program.