Date of enactment: March 22, 2024
2023 Senate Bill 672 Date of publication*: March 23, 2024
2023 WISCONSIN ACT 184
AN ACT to create 49.45 (49r) of the statutes; relating to: value−based purchasing arrangements under the Medical
Assistance program.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 49.45 (49r) of the statutes is created to
read:
49.45 (49r) VALUE−BASED PURCHASING. (a) In this
subsection, “manufacturer” has the meaning given in s.
450.01 (12).
(b) Subject to par. (e), the department may enter into
a value−based purchasing arrangement for the Medical
Assistance program by written agreement with a manu-
facturer based on agreed upon metrics to which the
department and the manufacturer agree in writing. A
value−based purchasing arrangement under this para-
graph may include any of the following:
1. Rebates.
2. Discounts.
3. Price reductions.
4. Risk sharing.
5. Reimbursements.
6. Payment deferrals or installment payments.
7. Guarantees.
8. Shared savings payments.
9. Withholds.
10. Bonuses.
11. Any other thing of value.
(c) Nothing in this subsection may be interpreted to
require a manufacturer or the department to enter into an
arrangement described under par. (b).
(d) Nothing in this subsection may be construed to
alter or modify coverage requirements under the Medical
Assistance program.
(e) If the department determines it is unable to imple-
ment this subsection without a waiver of federal law, state
plan amendment, or other federal approval, the depart-
ment shall request from the secretary of the federal
department of health and human services any waiver of
federal law, state plan amendment, or other federal
approval necessary to implement this subsection. If the
federal department of health and human services does not
approve a waiver of federal law, state plan amendment,
or other federal approval under this paragraph, the
department is not required to implement this subsection.
* 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.”