Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1044 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1044
5	5	February 2, 2024 - Introduced by Representatives SUBECK, SHANKLAND, C.
6	6	ANDERSON, J. ANDERSON, CONLEY, CONSIDINE, DRAKE, EMERSON, JOERS,
7	7	NEUBAUER, PALMERI, RATCLIFF, SINICKI and STUBBS, cosponsored by Senators
8	8	HESSELBEIN, SPREITZER, AGARD, LARSON, PFAFF, ROYS, SMITH, TAYLOR and
9	9	WIRCH. Referred to Committee on Insurance.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 609.83; and to create 632.895 (12r) of the statutes; relating
12	12	to: cost-sharing cap on epinephrine auto-injectors under health insurance
13	13	policies and plans.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill prevents every health insurance policy and every self-insured
16	16	governmental health plan that covers medically necessary epinephrine
17	17	auto-injectors from imposing cost sharing in an amount that exceeds $60 for a
18	18	twin-pack of epinephrine auto-injectors, regardless of the type of epinephrine
19	19	auto-injector. Health insurance policies are referred to in the bill as disability
20	20	insurance policies.
21	21	This proposal may contain a health insurance mandate requiring a social and
22	22	financial impact report under s. 601.423, stats.
23	23	The people of the state of Wisconsin, represented in senate and assembly, do
24	24	enact as follows:
25	25	SECTION 1. 609.83 of the statutes is amended to read:
26	26	609.83 Coverage of drugs and devices. Limited service health
27	27	organizations, preferred provider plans, and defined network plans are subject to ss.
28	28	632.853, 632.861, and 632.895 (12r), (16t), and (16v).
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37	37	SECTION 2 ASSEMBLY BILL 1044
38	38	SECTION 2. 632.895 (12r) of the statutes is created to read:
39	39	632.895 (12r) EPINEPHRINE AUTO-INJECTORS. (a) In this subsection,
40	40	“epinephrine auto-injector” means a device used for the automatic injection of
41	41	epinephrine into the human body to prevent or treat a life-threatening allergic
42	42	reaction.
43	43	(b) Every disability insurance policy, and every self-insured health plan of the
44	44	state or a county, city, village, town, or school district, that provides coverage of
45	45	medically necessary epinephrine auto-injectors may not impose cost sharing on
46	46	epinephrine auto-injectors in an amount that exceeds $60 for a twin-pack of
47	47	medically necessary epinephrine auto-injectors, regardless of the type of
48	48	epinephrine auto-injector.
49	49	(c) Nothing in this subsection prohibits a disability insurance policy or
50	50	self-insured health plan from imposing cost sharing on epinephrine auto-injectors
51	51	in an amount less than the amount specified under par. (b). Nothing in this
52	52	paragraph requires a disability insurance policy or self-insured health plan to
53	53	impose any cost sharing on epinephrine auto-injectors.
54	54	SECTION 3.0Initial applicability.
55	55	(1) EPINEPHRINE AUTO-INJECTORS.
56	56	(a) For policies and plans containing provisions inconsistent with s. 632.895
57	57	(12r), the treatment of s. 632.895 (12r) first applies to policy or plan years beginning
58	58	on January 1 of the year following the year in which this paragraph takes effect,
59	59	except as provided in par. (b).
60	60	(b) For policies and plans that are affected by a collective bargaining agreement
61	61	containing provisions inconsistent with s. 632.895 (12r), the treatment of s. 632.895
62	62	(12r) first applies to policy or plan years beginning on the effective date of this
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90	90	SECTION 3
91	91	ASSEMBLY BILL 1044
92	92	paragraph or on the day on which the collective bargaining agreement is newly
93	93	established, extended, modified, or renewed, whichever is later.
94	94	SECTION 4.0Effective date.
95	95	(1) This act takes effect on the first day of the 4th month beginning after
96	96	publication.
97	97	(END)
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