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450.13
(5m) Disclosures to consumers. (a) Each pharmacy shall post in a
11prominent place at or near the place where prescriptions are dispensed a sign that
12clearly describes a pharmacist's ability under this state's law to substitute a less
13expensive drug product equivalent under sub. (1s) unless the consumer or the
14prescribing practitioner has indicated otherwise under sub. (2).
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(b) The pharmacy examining board shall create a list of the 100 most commonly
16prescribed generic drug product equivalents, including the generic and brand names
17of the drugs, and provide, either directly or on the department's Internet site, the list
18to each pharmacy on an annual basis. Each pharmacy shall make available to the
19public information on how to access the list under this paragraph.
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(c) Each pharmacy shall have available for the public a listing of the retail price,
21updated no less frequently than monthly, of the 100 most commonly prescribed
22prescription drugs, which includes brand name and generic equivalent drugs and
23biological products and interchangeable biological products, that are available for
24purchase at the pharmacy.
AB7,8
25Section 8
. 450.135 (8m) of the statutes is created to read:
AB7,7,5
1450.135
(8m) Disclosure to consumers. (a) Each pharmacy shall post in a
2prominent place at or near the place where prescriptions are dispensed a sign that
3clearly describes a pharmacist's ability under this state's law to substitute a less
4expensive interchangeable biological product under sub. (2) unless the consumer or
5the prescribing practitioner has indicated otherwise under sub. (3).
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6Section 9
. 450.135 (9) of the statutes is amended to read:
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450.135
(9) Links to be maintained by board. The board shall maintain links
8on the department's Internet site to the federal food and drug administration's lists
9of all currently approved interchangeable biological products.
Each pharmacy shall
10make available for the public information on how to access the federal food and drug
11administration's lists of all currently approved interchangeable biological products
12through the department's Internet site.
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13Section 10
. 601.31 (1) (w) of the statutes is amended to read:
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601.31
(1) (w) For initial issuance and for each annual renewal of a license as
15an administrator
or pharmacy benefit manager under ch. 633, $100.
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16Section 11
. 601.46 (3) (b) of the statutes is amended to read:
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601.46
(3) (b) A general review of the insurance business in this state, including
18a report on emerging regulatory problems, developments and trends
, including
19trends related to prescription drugs;
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20Section 12
. 609.83 of the statutes is amended to read:
AB7,7,23
21609.83 Coverage of drugs and devices. Limited service health
22organizations, preferred provider plans, and defined network plans are subject to ss.
23632.853
, 632.861, and 632.895 (16t) and (16v).
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24Section 13
. 616.09 (1) (a) 2. of the statutes is amended to read:
AB7,8,4
1616.09
(1) (a) 2. Plans authorized under s. 616.06 are subject to s. 610.21, 1977
2stats., s. 610.55, 1977 stats., s. 610.57, 1977 stats., and ss. 628.34 to 628.39, 1977
3stats., to chs. 600, 601, 620, 625, 627 and 645, to ss. 632.72, 632.755,
632.86 632.861 4and 632.87 and to this subchapter except s. 616.08.
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5Section 14
. 632.86 of the statutes is repealed.
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6Section 15
. 632.861 of the statutes is created to read:
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7632.861 Prescription drug charges.
(1) Definitions. In this section:
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(a) “Disability insurance policy” has the meaning given in s. 632.895 (1) (a).
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(b) “Enrollee” means an individual who is covered under a disability insurance
10policy or a self-insured health plan.
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(c) “Pharmacy benefit manager” has the meaning given in s. 632.865 (1) (c).
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(d) “Prescription drug” has the meaning given in s. 450.01 (20).
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(e) “Prescription drug benefit” has the meaning given in s. 632.865 (1) (e).
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(f) “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).
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15(2) Allowing disclosures. (a) A disability insurance policy or self-insured
16health plan that provides a prescription drug benefit may not restrict, directly or
17indirectly, any pharmacy that dispenses a prescription drug to an enrollee in the
18policy or plan from informing, or penalize such pharmacy for informing, an enrollee
19of any differential between the out-of-pocket cost to the enrollee under the policy or
20plan with respect to acquisition of the drug and the amount an individual would pay
21for acquisition of the drug without using any health plan or health insurance
22coverage.
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(b) A disability insurance policy or self-insured health plan that provides a
24prescription drug benefit shall ensure that any pharmacy benefit manager that
25provides services under a contract with the policy or plan does not, with respect to
1such policy or plan, restrict, directly or indirectly, any pharmacy that dispenses a
2prescription drug to an enrollee in the policy or plan from informing, or penalize such
3pharmacy for informing, an enrollee of any differential between the out-of-pocket
4cost to the enrollee under the policy or plan with respect to acquisition of the drug
5and the amount an individual would pay for acquisition of the drug without using
6any health plan or health insurance coverage.
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7(3) Cost-sharing limitation. (a) A disability insurance policy or self-insured
8health plan that provides a prescription drug benefit or a pharmacy benefit manager
9that provides services under a contract with a policy or plan may not require an
10enrollee to pay at the point of sale for a covered prescription drug an amount that is
11greater than the lowest of all of the following amounts:
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1. The cost-sharing amount for the prescription drug for the enrollee under the
13policy or plan.
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2. The amount a person would pay for the prescription drug if the enrollee
15purchased the prescription drug at the dispensing pharmacy without using any
16health plan or health insurance coverage.