AB705: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB705, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB705, s. 2 Section 2. 20.435 (4) (bv) of the statutes is created to read:

AB705,3,4 20.435 (4) (bv) Prescription drug assistance for elderly; aids. The amounts in the schedule for the program for prescription drug assistance for elderly persons under s. 49.688.

AB705, s. 3 Section 3. 20.435 (4) (j) of the statutes is created to read:

AB705,3,9 20.435 (4) (j) Prescription drug assistance for elderly; fees and manufacturer rebates. All moneys received from payments of enrollment fees and rebate payments by manufacturers under s. 49.688 (5), to be used for prescription drug assistance for elderly persons under s. 49.688.

AB705, s. 4 Section 4. 49.688 of the statutes is created to read:

AB705,3,12 49.688 Prescription drug assistance for elderly persons. (1) In this section:

AB705,3,13 (a) "Brand name" has the meaning given in s. 450.12 (1) (a).

AB705,3,14 (b) "Generic name" has the meaning given in s. 450.12 (1) (b).

AB705,3,16 (c) "Poverty line" means the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under 42 USC 9902 (2).

AB705,4,12 (2) From the appropriations under s. 20.435 (4) (bv) and (j), beginning April 1, 2001, the department shall reimburse pharmacists for the provision of up to $1,200 of prescription drugs that correspond to those prescription drugs for which reimbursement is made under s. 49.46 (2) (b) 6. h. and for which the manufacturer has entered into a rebate agreement with the department under sub. (5), to persons who meet criteria for eligibility under sub. (3). The department is the payer of last resort for coverage for prescription drugs under this subsection. The payment rate for provider reimbursement shall be the allowable charges under s. 49.46 (2) (b) 6. h. for prescription drugs. The department shall maintain, or contract for the maintenance of, a toll-free telephone number at department headquarters to provide information about the program under this subsection, including information about application procedures.

AB705,4,14 (3) (a) An individual is eligible for participation in the program under sub. (2) if all of the following eligibility requirements are met:

AB705,4,17 1. The individual is at least 65 years of age, has been a resident of this state for at least 6 months and is ineligible for medical assistance under s. 49.46, 49.465, 49.468 or 49.47.

AB705,4,18 2. The individual's gross income does not exceed 150% of the poverty line.

AB705,4,19 (b) Program participants shall pay all of the following:

AB705,4,20 1. Annually, a program enrollment fee of $25.

AB705,4,22 2. A copayment of $4 for each prescription drug provided under the program that bears only a generic name.

AB705,4,24 3. A copayment of $8 for each prescription drug provided under the program that bears a brand name.

AB705,5,5 (4) If prescription drug assistance for the number of applying eligible individuals under sub. (3) exceeds the amount appropriated under s. 20.435 (4) (bv) and the amount available under s. 20.435 (4) (j), the department may place an eligible applicant's name on a waiting list for the reimbursement program under sub. (2).

AB705,5,10 (5) A drug manufacturer that sells drugs for prescribed use in this state shall, as a condition of inclusion of those drugs in the program under this section, enter with the department into a rebate agreement that is modeled on the rebate agreement specified under 42 USC 1396r-8. The rebate agreement shall include all of the following as requirements:

AB705,5,12 (a) That the manufacturer shall make rebate payments to the department each calendar quarter or according to a schedule established by the department.

AB705,5,14 (b) That the amount of the rebate payment shall be determined by the method specified in 42 USC 1396r-8 (c).

AB705,5,20 (6) Beginning in 2002, the department shall annually, after consulting with pharmacists and advocates for persons aged 65 or older, submit a report to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2). The report shall be on the operation of the program under this section for the previous year and shall contain any recommendations for changes in the program.

AB705, s. 5 Section 5. Nonstatutory provisions.

AB705,6,15 (1) Prescription drug assistance for elderly persons; administration. The department of health and family services may request the joint committee on finance to supplement, from the appropriation account under section 20.865 (4) (a) of the statutes, the appropriation account under section 20.435 (4) (a) of the statutes, to pay the costs of administration of the program of prescription drug assistance for elderly persons under section 49.688 of the statutes, as created by this act. If the department of health and family services requests supplementation of the appropriation account under section 20.435 (4) (a) of the statutes, the department shall submit a plan to the joint committee on finance to expend not more than $1,000,000 for fiscal year 1999-2000 and not more than $1,000,000 for fiscal year 2000-01. If the cochairpersons of the committee do not notify the secretary of the department within 14 working days after the date of the department's submittal that the committee intends to schedule a meeting to review the request, the appropriation account shall be supplemented as provided in the request. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the secretary of the department that the committee intends to schedule a meeting to review the request, the appropriation account shall be supplemented only as approved by the committee. Notwithstanding section 13.101 (3) (a) 1. of the statutes, the committee is not required to find that an emergency exists.

AB705, s. 6 Section 6. Appropriation changes; joint committee on finance.

AB705,6,23 (1) Prescription drug assistance for elderly; administration. In the schedule under section 20.005 (3) of the statutes for the appropriation to the joint committee on finance under section 20.865 (4) (a) of the statutes, as affected by the acts of 1999, the dollar amount is increased by $1,000,000 for fiscal year 1999-00 and the dollar amount is increased by $1,000,000 for fiscal year 2000-01 to increase funding for administration of the prescription drug assistance for elderly program under section 49.688 of the statutes, as created by this act.

AB705,6,24 (End)