Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB263 Compare Versions

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 263
5	5	May 2, 2023 - Introduced by Senators QUINN, CABRAL-GUEVARA, COWLES, FEYEN,
6	6	JACQUE, JAMES, TOMCZYK, WANGGAARD, BALLWEG and MARKLEIN, cosponsored
7	7	by Representatives HURD, EDMING, SCHRAA, ARMSTRONG, BRANDTJEN, BROOKS,
8	8	CALLAHAN, DUCHOW, GREEN, GUNDRUM, KITCHENS, MACCO, MAXEY, MICHALSKI,
9	9	MOSES, MURPHY, MURSAU, NOVAK, O'CONNOR, PETRYK, PLUMER, RETTINGER,
10	10	ROZAR, SAPIK, SCHMIDT, SUMMERFIELD, TITTL, TRANEL and TUSLER. Referred to
11	11	Committee on Licensing, Constitution and Federalism.
12	12	AN ACT to create 49.688 (3m) of the statutes; relating to: 100-day prescription
13	13	drug supplies under SeniorCare and amending an administrative rule related
14	14	to 100-day prescription drug supplies permitted under SeniorCare.
15	15	Analysis by the Legislative Reference Bureau
16	16	This bill allows SeniorCare participants to purchase, per a prescription order
17	17	by the prescribing health care provider, 100-day supplies of prescription drugs
18	18	authorized under administrative rules promulgated by the Department of Health
19	19	Services and otherwise covered through the SeniorCare program, at the rates
20	20	provided under the program. The bill requires DHS to apply for any waiver or
21	21	amendment to a waiver of federal Medicaid laws necessary to permit DHS to
22	22	implement the provisions of the bill.
23	23	The SeniorCare program provides assistance to the elderly in the purchase of
24	24	prescription drugs. Under current law, to be eligible for SeniorCare, a person must
25	25	be a resident of the state, be at least 65 years of age, not be a recipient of prescription
26	26	drug coverage through Medical Assistance, have a household income that does not
27	27	exceed 240 percent of the federal poverty line, and pay a program enrollment fee.
28	28	Under current law, under the SeniorCare program, only certain maintenance drugs
29	29	specified by DHS may be dispensed in amounts up to a 100-day supply. All other
30	30	prescription drugs dispensed under the SeniorCare program may be dispensed only
31	31	in amounts not to exceed a 34-day supply.
32	32	Contingent upon approval by the federal secretary of health and human
33	33	services of a waiver or amendment to a waiver requested as required under the bill,
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36	36	3 - 2 -2023 - 2024 Legislature LRB-2777/1
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38	38	SENATE BILL 263
39	39	the bill amends the existing DHS administrative rule that allows SeniorCare
40	40	providers to dispense certain maintenance drugs in amounts up to but not exceeding
41	41	a 100-day supply, as prescribed by a physician. As amended under the bill, the DHS
42	42	administrative rule would allow SeniorCare providers to dispense the maintenance
43	43	drugs allowed under current law, or any other drug, as determined by DHS on the
44	44	basis of clinical considerations, safety, costs, and other factors. If the federal
45	45	secretary of health and human services denies the request for a waiver or an
46	46	amendment to a waiver, the bill's treatment of the administrative rule is void.
47	47	For further information see the state fiscal estimate, which will be printed as
48	48	an appendix to this bill.
49	49	The people of the state of Wisconsin, represented in senate and assembly, do
50	50	enact as follows:
51	51	SECTION 1. 49.688 (3m) of the statutes is created to read:
52	52	49.688 (3m) Per a prescription order by the prescribing health care provider,
53	53	a person eligible under sub. (2) may purchase, and a pharmacist, pharmacy, or
54	54	dispensing physician may dispense, a prescription drug authorized under
55	55	administrative rules promulgated by the department and otherwise covered under
56	56	this section at the rates provided in this section in amounts up to a 100-day supply.
57	57	SECTION 2. DHS 109.31 (3) (e) of the administrative code is amended to read:
58	58	DHS 109.31 (3) (e) SeniorCare providers may dispense certain maintenance
59	59	drugs specified under s. DHS 107.10 (3) (e) or any other drug, as determined by the
60	60	department on the basis of clinical considerations, safety, costs, and other factors, in
61	61	amounts up to but not to exceed a 100-day supply, as prescribed by a physician.
62	62	SECTION 3.0Nonstatutory provisions.
63	63	(1) SENIORCARE 100-DAY PRESCRIPTION DRUG SUPPLIES. The department of health
64	64	services shall request from the federal secretary of health and human services any
65	65	waiver of federal medicaid laws or amendment to a waiver of federal medicaid laws
66	66	necessary to permit the department of health services to implement s. 49.688 (3m).
67	67	The department shall implement any waiver or amendment to a waiver received
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87	87	SECTION 3
88	88	SENATE BILL 263
89	89	under this subsection. The department shall notify the legislative reference bureau
90	90	of the approval or denial of any waiver or amendment to a waiver received under this
91	91	subsection. If a waiver or amendment to a waiver under this subsection is approved,
92	92	the legislative reference bureau shall publish the notice in the Wisconsin
93	93	Administrative Register with a statement of the date on which the treatment of the
94	94	administrative rules takes effect, as determined under SECTION 4 of this act.
95	95	SECTION 4.0Effective dates. This act takes effect on the day after publication,
96	96	except as follows:
97	97	(1) The treatment of administrative rules takes effect upon approval by the
98	98	federal secretary of health and human services of a waiver or amendment to a waiver
99	99	requested under SECTION 3 (1). If a waiver or amendment to a waiver requested
100	100	under Section 3 (1) is denied, the treatment of administrative rules is void.
101	101	(END)
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