1 | 1 | | LRB-4976/1 |
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2 | 2 | | JPC:skw&amn |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 654 |
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5 | 5 | | November 9, 2023 - Introduced by Representatives NOVAK, DITTRICH and DONOVAN, |
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6 | 6 | | cosponsored by Senators JAMES, BALLWEG, CABRAL-GUEVARA and QUINN. |
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7 | 7 | | Referred to Committee on Health, Aging and Long-Term Care. |
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8 | 8 | | ***AUTHORS SUBJECT TO CHANGE*** |
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9 | 9 | | AN ACT to create 49.45 (9o) of the statutes; relating to: utilization management |
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10 | 10 | | controls for prescription drugs to treat mental illness under the Medical |
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11 | 11 | | Assistance program. |
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12 | 12 | | Analysis by the Legislative Reference Bureau |
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13 | 13 | | This bill prohibits the Department of Health Services from imposing any |
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14 | 14 | | utilization management controls for prescription drugs under the Medical |
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15 | 15 | | Assistance program that are approved by the federal Food and Drug Administration |
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16 | 16 | | and have an indication of approval from the federal Food and Drug Administration |
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17 | 17 | | for the treatment of a serious mental illness. Under the bill, “serious mental illness” |
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18 | 18 | | is defined to mean a mental disorder, as defined in the most recent edition of the |
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19 | 19 | | Diagnostic and Statistical Manual of Mental Disorders published by the American |
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20 | 20 | | Psychiatric Association, such as bipolar disorder, schizophrenia or schizotypal |
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21 | 21 | | disorder, major depressive disorder, or post-traumatic stress disorder, that results |
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22 | 22 | | in serious functional impairment that substantially interferes with or limits one or |
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23 | 23 | | more major life activities. Currently, DHS administers the Medical Assistance |
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24 | 24 | | program, which is a joint federal and state program that provides health services to |
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25 | 25 | | individuals who have limited financial resources. |
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26 | 26 | | For further information see the state fiscal estimate, which will be printed as |
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27 | 27 | | an appendix to this bill. |
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28 | 28 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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29 | 29 | | enact as follows: |
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32 | 32 | | 3 - 2 -2023 - 2024 Legislature LRB-4976/1 |
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33 | 33 | | JPC:skw&amn |
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34 | 34 | | SECTION 1 ASSEMBLY BILL 654 |
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35 | 35 | | SECTION 1. 49.45 (9o) of the statutes is created to read: |
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36 | 36 | | 49.45 (9o) UTILIZATION MANAGEMENT CONTROLS FOR PRESCRIPTION DRUGS TO TREAT |
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37 | 37 | | MENTAL ILLNESS. (a) In this subsection: |
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38 | 38 | | 1. “Prescription drug” has the meaning given in s. 450.01 (20). |
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39 | 39 | | 2. “Serious mental illness” means a mental disorder, as defined in the most |
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40 | 40 | | recent edition of the Diagnostic and Statistical Manual of Mental Disorders |
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41 | 41 | | published by the American Psychiatric Association, such as bipolar disorder, |
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42 | 42 | | schizophrenia or schizotypal disorder, major depressive disorder, or post-traumatic |
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43 | 43 | | stress disorder, that results in serious functional impairment that substantially |
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44 | 44 | | interferes with or limits one or more major life activities. |
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45 | 45 | | 3. “Utilization management controls” means a set of formal techniques used by |
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46 | 46 | | a health carrier or prescription drug utilization management entity that are |
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47 | 47 | | designed to evaluate prescription drug medical necessity, appropriateness, efficacy, |
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48 | 48 | | or efficiency, including prior authorization and step therapy protocols. |
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49 | 49 | | (b) The department may not impose utilization management controls for any |
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50 | 50 | | prescription drug that is approved by the federal food and drug administration and |
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51 | 51 | | has an indication of approval from the federal food and drug administration for the |
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52 | 52 | | treatment of a serious mental illness. |
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53 | 53 | | (END) |
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