September 10, 2021 - Introduced by Representatives Subeck, B. Meyers,
Anderson, Cabral-Guevara, Cabrera, Conley, Considine, Doyle, Emerson,
Hebl, Hesselbein, Hong, Milroy, L. Myers, Neubauer, Ohnstad, S.
Rodriguez, Shankland, Shelton, Sinicki, Snodgrass, Spreitzer, Stubbs and
Vruwink, cosponsored by Senators Roys,
Erpenbach, Agard, Bewley,
Carpenter, Johnson, Larson, Pfaff and Ringhand. Referred to Committee on
Insurance.
AB548,1,2
1An Act to create 601.575 of the statutes;
relating to: prescription drug
2importation program.
Analysis by the Legislative Reference Bureau
This bill requires the commissioner of insurance, in consultation with persons
interested in the sale and pricing of prescription drugs and federal officials and
agencies, to design and implement a prescription drug importation program for the
benefit of and that generates savings for Wisconsin residents. The bill establishes
requirements for the program, including all of the following: the commissioner must
designate a state agency to become or contract with a licensed wholesale distributor
and seek federal certification and approval to import prescription drugs; the
importation program must comply with certain federal regulations and import from
Canadian suppliers only prescription drugs that are not brand-name drugs, have
fewer than four competitor drugs in this country, and for which importation creates
substantial savings; the commissioner must ensure that prescription drugs
imported under the program are not distributed, dispensed, or sold outside of
Wisconsin; and the importation program must have an audit procedure to ensure the
program complies with certain requirements specified in the bill. Before submitting
the proposed implementation program to the federal government for certification,
the commissioner must submit the proposed importation program to JCF for its
approval.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB548,1
1Section
1. 601.575 of the statutes is created to read:
AB548,2,7
2601.575 Prescription drug importation program. (1) Importation
3program requirements. The commissioner, in consultation with persons interested
4in the sale and pricing of prescription drugs and appropriate officials and agencies
5of the federal government, shall design and implement a prescription drug
6importation program for the benefit of residents of this state, that generates savings
7for residents, and that satisfies all of the following:
AB548,2,108
(a) The commissioner shall designate a state agency to become a licensed
9wholesale distributor or to contract with a licensed wholesale distributor and shall
10seek federal certification and approval to import prescription drugs.
AB548,2,1311
(b) The prescription drug importation program under this section shall comply
12with relevant requirements of
21 USC 384, including safety and cost savings
13requirements.
AB548,2,1614
(c) The prescription drug importation program under this section shall import
15prescription drugs from Canadian suppliers regulated under any appropriate
16Canadian or provincial laws.
AB548,2,1917
(d) The prescription drug importation program under this section shall have
18a process to sample the purity, chemical composition, and potency of imported
19prescription drugs.
AB548,3,220
(e) The prescription drug importation program under this section shall import
21only those prescription drugs for which importation creates substantial savings for
1residents of the state and only those prescription drugs that are not brand-name
2drugs and that have fewer than 4 competitor prescription drugs in the United States.
AB548,3,53
(f) The commissioner shall ensure that prescription drugs imported under the
4program under this section are not distributed, dispensed, or sold outside of the
5state.
AB548,3,76
(g) The prescription drug importation program under this section shall ensure
7all of the following:
AB548,3,98
1. Participation by any pharmacy or health care provider in the program is
9voluntary.
AB548,3,1110
2. Any pharmacy or health care provider participating in the program has the
11appropriate license or other credential in this state.
AB548,3,1412
3. Any pharmacy or health care provider participating in the program charges
13a consumer or health plan the actual acquisition cost of the imported prescription
14drug that is dispensed.
AB548,3,1815
(h) The prescription drug importation program under this section shall ensure
16that a payment by a health plan or health insurance policy for a prescription drug
17imported under the program reimburses no more than the actual acquisition cost of
18the imported prescription drug that is dispensed.
AB548,3,2119
(i) The prescription drug importation program under this section shall ensure
20that any health plan or health insurance policy participating in the program does all
21of the following:
AB548,3,2322
1. Maintains a formulary and claims payment system with current information
23on prescription drugs imported under the program.
AB548,4,3
12. Bases cost-sharing amounts for participants or insureds under the plan or
2policy on no more than the actual acquisition cost of the prescription drug imported
3under the program that is dispensed to the participant or insured.
AB548,4,64
3. Demonstrates to the commissioner or a state agency designated by the
5commissioner how premiums under the policy or plan are affected by savings on
6prescription drugs imported under the program.