Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB259 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 259
5	5	May 8, 2023 - Introduced by Representatives HURD, EDMING, SCHRAA, ARMSTRONG,
6	6	MACCO, MOSES, NOVAK, CALLAHAN, TITTL, MICHALSKI, O'CONNOR, KITCHENS,
7	7	MURPHY, ROZAR, TRANEL, GREEN, SAPIK, MURSAU, GUNDRUM, SUMMERFIELD,
8	8	BRANDTJEN, DUCHOW, PETRYK, RETTINGER, PLUMER, BROOKS, SCHMIDT, TUSLER
9	9	and MAXEY, cosponsored by Senators QUINN, WANGGAARD, FEYEN, JACQUE,
10	10	JAMES, CABRAL-GUEVARA, TOMCZYK, COWLES and MARKLEIN. Referred to
11	11	Committee on Health, Aging and Long-Term Care.
12	12	*AUTHORS SUBJECT TO CHANGE*
13	13	AN ACT to create 49.688 (3m) of the statutes; relating to: 100-day prescription
14	14	drug supplies under SeniorCare and amending an administrative rule related
15	15	to 100-day prescription drug supplies permitted under SeniorCare.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill allows SeniorCare participants to purchase, per a prescription order
18	18	by the prescribing health care provider, 100-day supplies of prescription drugs
19	19	authorized under administrative rules promulgated by the Department of Health
20	20	Services and otherwise covered through the SeniorCare program, at the rates
21	21	provided under the program. The bill requires DHS to apply for any waiver or
22	22	amendment to a waiver of federal Medicaid laws necessary to permit DHS to
23	23	implement the provisions of the bill.
24	24	The SeniorCare program provides assistance to the elderly in the purchase of
25	25	prescription drugs. Under current law, to be eligible for SeniorCare, a person must
26	26	be a resident of the state, be at least 65 years of age, not be a recipient of prescription
27	27	drug coverage through Medical Assistance, have a household income that does not
28	28	exceed 240 percent of the federal poverty line, and pay a program enrollment fee.
29	29	Under current law, under the SeniorCare program, only certain maintenance drugs
30	30	specified by DHS may be dispensed in amounts up to a 100-day supply. All other
31	31	prescription drugs dispensed under the SeniorCare program may be dispensed only
32	32	in amounts not to exceed a 34-day supply.
33	33	Contingent upon approval by the federal secretary of health and human
34	34	services of a waiver or amendment to a waiver requested as required under the bill,
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37	37	3 - 2 -2023 - 2024 Legislature LRB-1943/1
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39	39	ASSEMBLY BILL 259
40	40	the bill amends the existing DHS administrative rule that allows SeniorCare
41	41	providers to dispense certain maintenance drugs in amounts up to but not exceeding
42	42	a 100-day supply, as prescribed by a physician. As amended under the bill, the DHS
43	43	administrative rule would allow SeniorCare providers to dispense the maintenance
44	44	drugs allowed under current law, or any other drug, as determined by DHS on the
45	45	basis of clinical considerations, safety, costs, and other factors. If the federal
46	46	secretary of health and human services denies the request for a waiver or an
47	47	amendment to a waiver, the bill's treatment of the administrative rule is void.
48	48	For further information see the state fiscal estimate, which will be printed as
49	49	an appendix to this bill.
50	50	The people of the state of Wisconsin, represented in senate and assembly, do
51	51	enact as follows:
52	52	SECTION 1. 49.688 (3m) of the statutes is created to read:
53	53	49.688 (3m) Per a prescription order by the prescribing health care provider,
54	54	a person eligible under sub. (2) may purchase, and a pharmacist, pharmacy, or
55	55	dispensing physician may dispense, a prescription drug authorized under
56	56	administrative rules promulgated by the department and otherwise covered under
57	57	this section at the rates provided in this section in amounts up to a 100-day supply.
58	58	SECTION 2. DHS 109.31 (3) (e) of the administrative code is amended to read:
59	59	DHS 109.31 (3) (e) SeniorCare providers may dispense certain maintenance
60	60	drugs specified under s. DHS 107.10 (3) (e) or any other drug, as determined by the
61	61	department on the basis of clinical considerations, safety, costs, and other factors, in
62	62	amounts up to but not to exceed a 100-day supply, as prescribed by a physician.
63	63	SECTION 3.0Nonstatutory provisions.
64	64	(1) SENIORCARE 100-DAY PRESCRIPTION DRUG SUPPLIES. The department of health
65	65	services shall request from the federal secretary of health and human services any
66	66	waiver of federal medicaid laws or amendment to a waiver of federal medicaid laws
67	67	necessary to permit the department of health services to implement s. 49.688 (3m).
68	68	The department shall implement any waiver or amendment to a waiver received
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88	88	SECTION 3
89	89	ASSEMBLY BILL 259
90	90	under this subsection. The department shall notify the legislative reference bureau
91	91	of the approval or denial of any waiver or amendment to a waiver received under this
92	92	subsection. If a waiver or amendment to a waiver under this subsection is approved,
93	93	the legislative reference bureau shall publish the notice in the Wisconsin
94	94	Administrative Register with a statement of the date on which the treatment of the
95	95	administrative rules takes effect, as determined under SECTION 4 of this act.
96	96	SECTION 4.0Effective dates. This act takes effect on the day after publication,
97	97	except as follows:
98	98	(1) The treatment of administrative rules takes effect upon approval by the
99	99	federal secretary of health and human services of a waiver or amendment to a waiver
100	100	requested under SECTION 3 (1). If a waiver or amendment to a waiver requested
101	101	under Section 3 (1) is denied, the treatment of administrative rules is void.
102	102	(END)
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