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22(6) Pharmacy services administrative organizations. By March 1 annually,
23each pharmacy services administrative organization shall report to the
24commissioner all of the following information:
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1(a) The negotiated reimbursement rate of the 25 prescription drugs with the
2highest reimbursement rates during the previous year.
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(b) The 25 prescription drugs with the highest year-to-year change in
4reimbursement rate for the previous year.
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(c) The schedule of fees charged by the organization to pharmacies.
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6(7) Certification and penalties for noncompliance. Each manufacturer and
7pharmacy services administrative organization that is required to report under this
8section shall certify each report as accurate under the penalty of perjury. A
9manufacturer or pharmacy services administrative organization that fails to submit
10a report required under this section is subject to a forfeiture of no more than $10,000
11each day the report is overdue.
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12(8) Hearing and public reporting. (a) The commissioner shall publicly post
13manufacturer price justification documents. The commissioner shall keep any trade
14secret or proprietary information confidential.
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(b) The commissioner shall analyze data collected under this section and
16publish annually a report on emerging trends in prescription prices and price
17increases and shall annually conduct a public hearing based on the analysis under
18this paragraph. The report under this paragraph shall include analysis of
19manufacturer prices and price increases and analysis of how pharmacy benefit
20manager discounts and net costs compare to retail prices paid by patients.
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21Section 2968
. 632.868 of the statutes is created to read:
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22632.868 Insulin safety net programs. (1) Definitions. In this section:
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(a) “Manufacturer" means a person engaged in the manufacturing of insulin
24that is self-administered on an outpatient basis.
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(b) “Navigator" has the meaning given in s. 628.90 (3).
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1(c) “Patient assistance program” means a program established by a
2manufacturer under sub. (3) (a).
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(d) “Pharmacy" means an entity licensed under s. 450.06 or 450.065.
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(e) “Urgent need of insulin" means having less than a 7-day supply of insulin
5readily available for use and needing insulin in order to avoid the likelihood of
6suffering a significant health consequence.
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(f) “Urgent need safety net program” means a program established by a
8manufacturer under sub. (2) (a).
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9(2) Urgent need safety net program. (a)
Establishment of program. No later
10than July 1, 2022, each manufacturer shall establish an urgent need safety net
11program to make insulin available in accordance with this subsection to individuals
12who meet the eligibility requirements under par. (b).
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(b)
Eligible individual. An individual shall be eligible to receive insulin under
14an urgent need safety net program if all of the following conditions are met:
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1. The individual is in urgent need of insulin.
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2. The individual is a resident of this state.
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3. The individual is not receiving public assistance under ch. 49.
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4. The individual is not enrolled in prescription drug coverage through an
19individual or group health plan that limits the total cost sharing amount, including
20copayments, deductibles, and coinsurance, that an enrollee is required to pay for a
2130-day supply of insulin to no more than $75, regardless of the type or amount of
22insulin prescribed.
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5. The individual has not received insulin under an urgent need safety net
24program within the previous 12 months, except as allowed under par. (d).
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1(c)
Provision of insulin under an urgent need safety net program. 1. In order
2to receive insulin under an urgent need safety net program, an individual who meets
3the eligibility requirements under par. (b) shall provide a pharmacy with all of the
4following:
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a. A completed application, on a form prescribed by the commissioner that shall
6include an attestation by the individual, or the individual's parent or legal guardian
7if the individual is under the age of 18, that the individual meets all of the eligibility
8requirements under par. (b).
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b. A valid insulin prescription.
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c. A valid Wisconsin driver's license or state identification card. If the
11individual is under the age of 18, the individual's parent or legal guardian shall meet
12this requirement.
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2. Upon receipt of the information described in subd. 1. a. to c., the pharmacist
14shall dispense a 30-day supply of the prescribed insulin to the individual. The
15pharmacy shall also provide the individual with the information sheet described in
16sub. (8) (b) 2. and the list of navigators described in sub. (8) (c). The pharmacy may
17collect a copayment, not to exceed $35, from the individual to cover the pharmacy's
18costs of processing and dispensing the insulin. The pharmacy shall notify the health
19care practitioner who issued the prescription no later than 72 hours after the insulin
20is dispensed.
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3. A pharmacy that dispenses insulin under subd. 2. may submit to the
22manufacturer, or the manufacturer's vendor, a claim for payment that is in
23accordance with the national council for prescription drug programs' standards for
24electronic claims processing, except that no claim may be submitted if the
25manufacturer agrees to send the pharmacy a replacement of the same insulin in the
1amount dispensed. If the pharmacy submits an electronic claim, the manufacturer
2or vendor shall reimburse the pharmacy in an amount that covers the pharmacy's
3acquisition cost.
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4. A pharmacy that dispenses insulin under subd. 2. shall retain a copy of the
5application form described in subd. 1. a.