Wisconsin Legislative Council
ACT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Prepared by: Steve McCarthy, Senior Staff Attorney December 14, 2023
2023 Wisconsin Act 71
[2023 Senate Bill 263]
100-day Prescription Drug
Supplies Under SeniorCare
BACKGROUND
The SeniorCare program provides assistance to certain individuals with the purchase of prescription
drugs. Under current law, to be eligible for SeniorCare, a person must be a resident of the state, be at
least 65 years of age, not be a recipient of prescription drug coverage through the state’s Medicaid
program, have a household income that does not exceed 240 percent of the federal poverty line, and pay
a program enrollment fee.
Under current law, under the SeniorCare program, only certain maintenance drugs specified by the
Department of Health Services (DHS) may be dispensed in amounts up to a 100-day supply. All other
prescription drugs dispensed under the SeniorCare program may be dispensed only in amounts not to
exceed a 34-day supply.
2023 WISCONSIN ACT 71
The act allows SeniorCare participants to purchase 100-day supplies of prescription drugs authorized
under administrative rules promulgated by DHS and otherwise covered through the SeniorCare
program. A 100-day supply of prescription drugs must be authorized per a prescription order by the
participant’s prescribing health care provider.
The act requires DHS to apply for any waiver or amendment to a waiver of federal Medicaid laws
necessary to permit DHS to implement the provisions of the act.
Effective date: December 8, 2023, except that the act’s 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 required to be requested under the act. If a waiver or amendment to a waiver is denied, the act’s
treatment of administrative rules is void.
For a full history of the bill, visit the Legislature’s bill history page.
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