2017 - 2018 LEGISLATURE
January 20, 2017 - Introduced by Senators Carpenter, Vinehout, Hansen,
Erpenbach, Ringhand, L. Taylor, Wirch, C. Larson and Shilling,
cosponsored by Representatives
Kolste, Zamarripa, Riemer, Wachs,
Billings, Spreitzer, Young, Berceau, C. Taylor, Zepnick, Ohnstad, Pope,
Brostoff, Sargent, Considine, Genrich, Doyle, Subeck, Hebl, Mason,
Anderson, Shankland, Barca and Meyers. Referred to Committee on Health
and Human Services.
1An Act to amend
20.435 (4) (bv), 20.435 (4) (j) and 20.435 (4) (jb); and to create
49.688 (13) of the statutes; relating to: waiver for prescription drug assistance
3for elderly program, use of excess moneys in prescription drug assistance for
4elderly program, and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Health Services to obtain any waiver of
federal Medicaid laws necessary to continue administration of SeniorCare and to
implement any waiver received for the administration of SeniorCare. The bill also
requires that any general purpose revenue moneys remaining after paying
pharmacies and pharmacists, any program revenue moneys remaining after paying
pharmacies and pharmacists and paying for program administration, and any
federal moneys remaining be used by DHS for the following purposes: to reduce
enrollment costs for seniors participating in SeniorCare, to reduce the prices paid by
SeniorCare enrollees for prescription drugs, and to enlarge the number of
prescription drugs available through the SeniorCare program.
Under current law, DHS administers the SeniorCare program, which provides
assistance to the elderly in the purchase of prescription drugs. The program is
operated under a waiver of federal Medicaid laws, but DHS is required to implement
the program regardless of whether the waiver is received from the federal
Department of Health and Human Services. Some of the moneys to administer the
SeniorCare program derive from the federal government and other moneys come
from the state's GPR or from PR. Moneys from GPR are used to pay pharmacies and
pharmacists under the SeniorCare program. PR from rebate payments by
manufacturers is used to pay pharmacies and pharmacists and PR from payment of
enrollment fees is used for administration of SeniorCare.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.435 (4) (bv) of the statutes is amended to read:
(bv) Prescription drug assistance for elderly; aids.
Biennially, the 3
amounts in the schedule for payment to pharmacies and pharmacists under s. 49.688 4
(7) for prescription drug assistance for elderly persons and, if there are moneys
5remaining after payments to pharmacies and pharmacists, for the purposes under
6s. 49.688 (13)
20.435 (4) (j) of the statutes is amended to read:
(j) Prescription drug assistance for elderly; manufacturer rebates. 9
All moneys received from rebate payments by manufacturers under s. 49.688 (6), to 10
be used for payment to pharmacies and pharmacists under s. 49.688 (7) for 11
prescription drug assistance for elderly persons and, if there are moneys remaining
12after payments to pharmacies and pharmacists, for the purposes under s. 49.688
20.435 (4) (jb) of the statutes is amended to read:
(jb) Prescription drug assistance for elderly; enrollment fees.
moneys received from payment of enrollment fees under s. 49.688 (3), to be used for 17
administration of the program under s. 49.688 and, if there are moneys remaining
18after paying for program administration, for the purposes under s. 49.688 (13)
49.688 (13) of the statutes is created to read:
If there are moneys available in the appropriation accounts under 2
s. 20.435 (4) (bv), (j), (jb), or (pg), the department shall use those moneys to reduce 3
enrollment costs for individuals participating in the program under this section, to 4
reduce the prices paid by individuals in the program under this section for 5
prescription drugs, and to enlarge the number of prescription drugs available under 6
the program under this section.
(1) Prescription drug assistance for elderly continuation.
The department 9
of health services shall request from the federal secretary of health and human 10
services any waiver of federal medicaid laws necessary to permit the department of 11
health services to continue administering the program under section 49.688 of the 12
statutes. The department shall implement any waiver received under this 13