Date of enactment:
2023 Senate Bill 263 Date of publication*:
2023 WISCONSIN ACT
AN ACT to create 49.688 (3m) of the statutes; relating to: 100−day prescription drug supplies under SeniorCare
and amending an administrative rule related to 100−day prescription drug supplies permitted under SeniorCare.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 49.688 (3m) of the statutes is created to
read:
49.688 (3m) Per a prescription order by the prescrib-
ing health care provider, a person eligible under sub. (2)
may purchase, and a pharmacist, pharmacy, or dispens-
ing physician may dispense, a prescription drug autho-
rized under administrative rules promulgated by the
department and otherwise covered under this section at
the rates provided in this section in amounts up to a
100−day supply.
SECTION 2. DHS 109.31 (3) (e) of the administrative
code is amended to read:
DHS 109.31 (3) (e) SeniorCare providers may dis-
pense certain maintenance drugs specified under s. DHS
107.10 (3) (e) or any other drug, as determined by the
department on the basis of clinical considerations, safety,
costs, and other factors, in amounts up to but not to
exceed a 100−day supply, as prescribed by a physician.
SECTION 3.0Nonstatutory provisions.
(1) SENIORCARE 100−DAY PRESCRIPTION DRUG SUP-
PLIES. The department of health services shall request
from the federal secretary of health and human services
any waiver of federal medicaid laws or amendment to a
waiver of federal medicaid laws necessary to permit the
department of health services to implement s. 49.688
(3m). The department shall implement any waiver or
amendment to a waiver received under this subsection.
The department shall notify the legislative reference
bureau of the approval or denial of any waiver or amend-
ment to a waiver received under this subsection. If a
waiver or amendment to a waiver under this subsection
is approved, the legislative reference bureau shall publish
the notice in the Wisconsin Administrative Register with
a statement of the date on which the treatment of the
administrative rules takes effect, as determined under
SECTION 4 of this act.
SECTION 4. 0Effective dates. This act takes effect on
the day after publication, except as follows:
(1) The treatment of administrative rules takes effect
upon approval by the federal secretary of health and
human services of a waiver or amendment to a waiver
requested under SECTION 3 (1) of this act. If a waiver or
amendment to a waiver requested under SECTION 3 (1) of
this act is denied, the treatment of administrative rules is
void.
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”