1 | 1 | | LRB-4027/1 |
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2 | 2 | | KMS:emw |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 427 |
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5 | 5 | | September 19, 2023 - Introduced by Representatives SUBECK, JOERS, C. ANDERSON, |
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6 | 6 | | J. ANDERSON, BARE, CABRERA, CONLEY, CONSIDINE, DRAKE, EMERSON, OHNSTAD, |
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7 | 7 | | ORTIZ-VELEZ, PALMERI, RATCLIFF, SHELTON, STUBBS and JACOBSON, cosponsored |
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8 | 8 | | by Senators CARPENTER, LARSON, ROYS, SPREITZER and TAYLOR. Referred to |
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9 | 9 | | Committee on Health, Aging and Long-Term Care. |
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10 | 10 | | ***AUTHORS SUBJECT TO CHANGE*** |
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11 | 11 | | AN ACT to create 20.435 (1) (s), 25.17 (1) (xmm), 25.778 and 252.045 of the |
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12 | 12 | | statutes; relating to: purchasing and distributing vaccines, granting |
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13 | 13 | | rule-making authority, and making an appropriation. |
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14 | 14 | | Analysis by the Legislative Reference Bureau |
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15 | 15 | | Under this bill, the Department of Health Services must establish a program |
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16 | 16 | | that provides vaccines to individuals who are not eligible to receive the vaccines at |
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17 | 17 | | no cost from a federal program. Vaccines to which the bill applies are those |
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18 | 18 | | recommended by the Advisory Committee on Immunization Practices of the federal |
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19 | 19 | | Centers for Disease Control and Prevention and included in the program by the |
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20 | 20 | | secretary of health services. The bill requires DHS to estimate the costs associated |
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21 | 21 | | with providing vaccines and, in consultation with the commissioner of insurance, |
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22 | 22 | | assess each payer that covers vaccines an amount to pay for this program in |
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23 | 23 | | accordance with the estimate plus any reserves that DHS determines are prudent. |
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24 | 24 | | Employee benefit plan administrators, insurers, certain health coverage plans, and |
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25 | 25 | | self-insured governmental health plans are considered payers in the bill. The |
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26 | 26 | | amount the payer is assessed must be proportional to the number of individuals |
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27 | 27 | | whose health benefits are administered by or on behalf of that payer in the state. The |
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28 | 28 | | bill allows DHS to impose an additional assessment if a new vaccine is developed. |
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29 | 29 | | DHS must then purchase vaccines and distribute them to health care providers to |
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30 | 30 | | be administered to individuals who are not eligible to receive the vaccines at no cost |
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31 | 31 | | from a federal program. |
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34 | 34 | | 3 - 2 -2023 - 2024 Legislature LRB-4027/1 |
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35 | 35 | | KMS:emw |
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36 | 36 | | ASSEMBLY BILL 427 |
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37 | 37 | | For further information see the state and local fiscal estimate, which will be |
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38 | 38 | | printed as an appendix to this bill. |
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39 | 39 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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40 | 40 | | enact as follows: |
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41 | 41 | | SECTION 1. 20.435 (1) (s) of the statutes is created to read: |
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42 | 42 | | 20.435 (1) (s) Vaccine purchasing. From the vaccine purchase fund, all moneys |
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43 | 43 | | received from assessments for the purpose of purchasing vaccines under s. 252.045. |
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44 | 44 | | SECTION 2. 25.17 (1) (xmm) of the statutes is created to read: |
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45 | 45 | | 25.17 (1) (xmm) Vaccine purchase fund (s. 25.778); |
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46 | 46 | | SECTION 3. 25.778 of the statutes is created to read: |
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47 | 47 | | 25.778 Vaccine purchase fund. There is created a separate nonlapsible trust |
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48 | 48 | | fund designated as the vaccine purchase fund. The vaccine purchase fund shall |
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49 | 49 | | consist of all moneys that are received from assessments on payers under s. 252.045 |
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50 | 50 | | (3). |
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51 | 51 | | SECTION 4. 252.045 of the statutes is created to read: |
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52 | 52 | | 252.045 Purchase of vaccines. (1) In this section: |
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53 | 53 | | (a) “Health care provider” means a health care provider, as defined in s. 146.81 |
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54 | 54 | | (1), who is authorized under chs. 440 to 480 to administer a vaccine. |
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55 | 55 | | (b) “Payer” means any of the following: |
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56 | 56 | | 1. An administrator, as defined in s. 633.01 (1). |
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57 | 57 | | 2. An insurer, as defined in s. 632.745 (15). |
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58 | 58 | | 3. A health coverage plan described in s. 632.745 (11) (b) 1. to 12. or self-insured |
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59 | 59 | | health plan, as defined in s. 632.745 (24), that is not administered by an insurer or |
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60 | 60 | | administrator. |
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80 | 80 | | 20 - 3 -2023 - 2024 Legislature |
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81 | 81 | | LRB-4027/1 |
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82 | 82 | | KMS:emw |
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83 | 83 | | SECTION 4 |
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84 | 84 | | ASSEMBLY BILL 427 |
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85 | 85 | | (c) “Vaccine” means any vaccine that is recommended by the advisory |
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86 | 86 | | committee on immunization practices of the federal centers for disease control and |
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87 | 87 | | prevention, or its successor, and that is included in the program under sub. (2) by the |
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88 | 88 | | secretary. |
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89 | 89 | | (2) The department shall establish a program to provide a vaccine to any |
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90 | 90 | | individual in this state who is not eligible to receive the vaccine at no cost from a |
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91 | 91 | | federal program. The department shall purchase vaccines and distribute the |
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92 | 92 | | vaccines to health care providers who participate in the program under this |
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93 | 93 | | subsection. The health care providers shall administer the vaccines to individuals |
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94 | 94 | | described under this subsection. |
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95 | 95 | | (3) The department shall estimate the costs associated with the program under |
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96 | 96 | | sub. (2). The department, in consultation with the commissioner of insurance, shall |
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97 | 97 | | assess no less frequently than annually each payer that covers vaccines an amount |
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98 | 98 | | that is proportional to the number of individuals whose health benefits are |
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99 | 99 | | administered by or on behalf of that payer in this state to pay for the program under |
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100 | 100 | | sub. (2) in accordance with the estimate plus any reserves that the department |
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101 | 101 | | determines are prudent for the program, including costs in the event of increased |
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102 | 102 | | need for vaccines. The department may impose an additional assessment under this |
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103 | 103 | | subsection if a new vaccine is developed. |
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104 | 104 | | (4) The department may promulgate any rules necessary to implement this |
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105 | 105 | | section. |
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106 | 106 | | (END) |
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