AB56,1888
23Section
1888. 238.399 (3) (a) of the statutes is amended to read:
AB56,959,2524
238.399
(3) (a) The corporation may designate
any number of enterprise zones
25in this state not more than 35 enterprise zones.
AB56,1889
1Section
1889. 238.399 (3) (am) of the statutes is repealed.
AB56,1890
2Section
1890. 238.399 (3) (e) of the statutes is created to read:
AB56,960,73
238.399
(3) (e) If the corporation revokes all certifications for tax benefits
4within a designated enterprise zone, the corporation may cancel the designation of
5that enterprise zone. After canceling the designation of an enterprise zone, the
6corporation may designate a new enterprise zone subject to the limits of this
7subsection.
AB56,1891
8Section
1891. 250.048 of the statutes is created to read:
AB56,960,14
9250.048 Prescription drug importation program. (1) Importation
10program requirements. The department, in consultation with persons interested in
11the sale and pricing of prescription drugs and appropriate officials and agencies of
12the federal government, shall design and implement a prescription drug importation
13program for the benefit of residents of this state, that generates savings for residents,
14and that satisfies all of the following:
AB56,960,1715
(a) The department shall designate a state agency to become a licensed
16wholesale distributor or to contract with a licensed wholesale distributor and shall
17seek federal certification and approval to import prescription drugs.
AB56,960,2018
(b) The prescription drug importation program under this section shall comply
19with relevant requirements of
21 USC 384, including safety and cost savings
20requirements.
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(c) The prescription drug importation program under this section shall import
22prescription drugs from Canadian suppliers regulated under any appropriate
23Canadian or provincial laws.
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1(d) The prescription drug importation program under this section shall have
2a process to sample the purity, chemical composition, and potency of imported
3prescription drugs.
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(e) The prescription drug importation program under this section shall import
5only those prescription drugs for which importation creates substantial savings for
6residents of the state and only those prescription drugs that are not brand-name
7drugs and that have fewer than 4 competitor prescription drugs in the United States.
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(f) The department shall ensure that prescription drugs imported under the
9program under this section are not distributed, dispensed, or sold outside of the
10state.
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(g) The prescription drug importation program under this section shall ensure
12all of the following:
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1. Participation by any pharmacy or health care provider in the program is
14voluntary.
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2. Any pharmacy or health care provider participating in the program has the
16appropriate license or other credential in this state.
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3. Any pharmacy or health care provider participating in the program charges
18a consumer or health plan the actual acquisition cost of the imported prescription
19drug that is dispensed.
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(h) The prescription drug importation program under this section shall ensure
21that a payment by a health plan or health insurance policy for a prescription drug
22imported under the program reimburses no more than the actual acquisition cost of
23the imported prescription drug that is dispensed.
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1(i) The prescription drug importation program under this section shall ensure
2that any health plan or health insurance policy participating in the program does all
3of the following:
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1. Maintains a formulary and claims payment system with current information
5on prescription drugs imported under the program.
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2. Bases cost-sharing amounts for participants or insureds under the plan or
7policy on no more than the actual acquisition cost of the prescription drug imported
8under the program that is dispensed to the participant or insured.
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3. Demonstrates to the department or a state agency designated by the
10department how premiums under the policy or plan are affected by savings on
11prescription drugs imported under the program.
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(j) Any wholesale distributor importing prescription drugs under the program
13under this section shall limit its profit margin to the amount established by the
14department or a state agency designated by the department.
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(k) The prescription drug importation program under this section may not
16import any generic prescription drug that would violate federal patent laws on
17branded products in this country.
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(L) The prescription drug importation program under this section shall comply
19to the extent practical and feasible before the prescription drug to be imported comes
20into possession of the state's wholesale distributor and fully after the prescription
21drug to be imported is in possession of the state's wholesale distributor with tracking
22and tracing requirements of
21 USC 360eee to
360eee-1.
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(m) The prescription drug importation program under this section shall
24establish a fee or other approach to finance the program that does not jeopardize
25significant savings to residents of the state.
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1(n) The prescription drug importation program under this section shall have
2an audit function that ensures all of the following:
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1. The department has a sound methodology to determine the most
4cost-effective prescription drugs to include in the importation program under this
5section.
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2. The department has a process in place to select Canadian suppliers that are
7high quality, high performing, and in full compliance with Canadian laws.
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3. Prescription drugs imported under the program are pure, unadulterated,
9potent, and safe.
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4. The prescription drug importation program is complying with the
11requirements of this subsection.
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5. The prescription drug importation program under this section is adequately
13financed to support administrative functions of the program while generating
14significant cost savings to residents of the state.
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6. The prescription drug importation program under this section does not put
16residents of the state at a higher risk than if the program did not exist.
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7. The prescription drug importation program under this section provides and
18is projected to continue to provide substantial cost savings to residents of the state.
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19(2) Anticompetitive behavior. The department, in consultation with the
20attorney general, shall identify the potential for and monitor anticompetitive
21behavior in industries affected by a prescription drug importation program.
AB56,964,7
22(3) Approval of program design; certification. No later than the first day of
23the 7th month beginning after the effective date of this subsection .... [LRB inserts
24date], the department shall submit to the joint committee on finance a report that
25includes the design of the prescription drug importation program in accordance with
1this section. The department may not submit the proposed prescription drug
2importation program to the federal department of health and human services unless
3the joint committee on finance approves the proposed prescription drug
4implementation program. Within 14 days of the date of approval by the joint
5committee on finance of the proposed prescription drug importation program, the
6department shall submit to the federal department of health and human services a
7request for certification of the approved prescription drug importation program.
AB56,964,15
8(4) Implementation of certified program. After the federal department of
9health and human services certifies the prescription drug importation program
10submitted under sub. (3), the department shall begin implementation of the program
11and the program shall be fully operational by 180 days after the date of certification
12by the federal department of health and human services. The department shall do
13all of the following to implement the prescription drug importation program to the
14extent the action is in accordance with other state laws and the certification by the
15federal department of health and human services:
AB56,964,1816
(a) Become a licensed wholesale distributor, designate another state agency to
17become a licensed wholesale distributor, or contract with a licensed wholesale
18distributor.
AB56,964,2019
(b) Contract with one or more Canadian suppliers that meet the criteria in sub.
20(1) (c).
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(c) Create an outreach and marketing plan to communicate with and provide
22information to health plans and health insurance policies, employers, pharmacies,
23health care providers, and residents of the state on participating in the prescription
24drug importation program.
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1(d) Develop and implement a registration process for health plans and health
2insurance policies, pharmacies, and health care providers interested in participating
3in the prescription drug importation program.
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(e) Create a publicly accessible source for listing prices of prescription drugs
5imported under the program.
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(f) Create, publicize, and implement a method of communication to promptly
7answer questions from and address the needs of persons affected by the
8implementation of the program before the program is fully operational.
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(g) Establish the audit functions under sub. (1) (n) with a timeline to complete
10each audit function every 2 years.
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(h) Conduct any other activities determined by the department to be important
12to successful implementation of the prescription drug importation program under
13this section.
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14(5) Report. By January 1 and July 1 of each year, the department shall submit
15to the joint committee on finance a report including all of the following:
AB56,965,1716
(a) A list of prescription drugs included in the importation program under this
17section.
AB56,965,2018
(b) The number of pharmacies, health care providers, and health plans and
19health insurance policies participating in the prescription drug importation program
20under this section.
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(c) The estimated amount of savings to residents of the state, health plans and
22health insurance policies, and employers resulting from the implementation of the
23prescription drug importation program under this section reported from the date of
24the previous report under this subsection and from the date the program was fully
25operational.
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1(d) Findings of any audit functions under sub. (1) (n) completed since the date
2of the previous report under this subsection.
AB56,1892
3Section 1892
. 250.10 (1m) (b) of the statutes is amended to read:
AB56,966,94
250.10
(1m) (b) Award in each fiscal year to qualified applicants grants totaling
5$25,000 no less than $50,000 for fluoride
supplements, $25,000 for a fluoride
6mouth-rinse program varnish and other evidence-based oral health activities,
7$700,000 for school-based preventive dental services, and
$120,000 for a
8school-based dental sealant program $100,000 for school-based restorative dental
9services.
AB56,1893
10Section
1893. 250.20 (3) of the statutes is amended to read:
AB56,966,2011
250.20
(3) From the appropriation account under s. 20.435 (1)
(kb) (cr), the
12department shall annually award grants for activities to improve the health status
13of economically disadvantaged minority group members. A person may apply, in the
14manner specified by the department, for a grant of up to $50,000 in each fiscal year
15to conduct these activities. An awardee of a grant under this subsection shall
16provide, for at least 50 percent of the grant amount, matching funds that may consist
17of funding or an in-kind contribution. An applicant that is not a federally qualified
18health center, as defined under
42 CFR 405.2401 (b) shall receive priority for grants
19awarded under this subsection.
An applicant that provides maternal and child
20health services shall receive priority for grants awarded under this subsection.
AB56,1894
21Section 1894
. 250.20 (4) of the statutes is amended to read:
AB56,966,2522
250.20
(4) From the appropriation account under s. 20.435 (1)
(kb) (cr), the
23department shall award a grant of up to $50,000 in each fiscal year to a private
24nonprofit corporation that applies, in the manner specified by the department, to
25conduct a public information campaign on minority health.
AB56,1895
1Section
1895. 252.14 (1) (ar) 3. of the statutes is amended to read:
AB56,967,22
252.14
(1) (ar) 3. A dentist
or dental therapist licensed under ch. 447.
AB56,1896
3Section 1896
. 253.06 (1) (a) of the statutes is renumbered 253.06 (1) (am) and
4amended to read:
AB56,967,85
253.06
(1) (am) “
Authorized
Approved food" means food identified by the
6department
as an authorized food in accordance with
7 CFR 246.10 as acceptable for
7use under the federal special supplemental
food
nutrition program for women,
8infants and children under
42 USC 1786.
AB56,1897
9Section 1897
. 253.06 (1) (ag) of the statutes is created to read:
AB56,967,1310
253.06
(1) (ag) “Alternate participant” means a person who has been
11authorized by a participant to request benefits, participate in nutrition education,
12bring an infant or child to a Women, Infants, and Children program appointment,
13and have access to information in the participant's file.
AB56,1898
14Section 1898
. 253.06 (1) (b) of the statutes is repealed.
AB56,1899
15Section 1899
. 253.06 (1) (br) of the statutes is created to read:
AB56,967,1916
253.06
(1) (br) “Cardholder” means a participant; alternate participant;
17parent, legal guardian, or caretaker of a participant; or another person in possession
18of a Women, Infants, and Children program electronic benefit transfer card and the
19personal identification number for the card.
AB56,1900
20Section 1900
. 253.06 (1) (c) of the statutes is repealed.
AB56,1901
21Section 1901
. 253.06 (1) (cm) of the statutes is amended to read:
AB56,967,2422
253.06
(1) (cm) “
Food
Direct distribution center" means an entity, other than
23a vendor, that is under contract with the department under sub. (3m) to distribute
24authorized approved food to participants.
AB56,1902
1Section
1902. 253.06 (1) (cp), (cr), (ct) and (cv) of the statutes are created to
2read:
AB56,968,53
253.06
(1) (cp) “Electronic benefit transfer” means a method that permits
4electronic access to Women, Infants, and Children program benefits using a device,
5approved by the department, with payments made in accordance with ch. 410.
AB56,968,96
(cr) “Food instrument” means a voucher, check, electronic benefit transfer card,
7electronic benefit transfer card number and personal identification number, coupon,
8or other method used by a participant to obtain Women, Infants, and Children
9program approved foods.
AB56,968,1110
(ct) “Infant formula supplier” means a wholesaler, distributor, retailer, or
11manufacturer of infant formula.
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(cv) “Local agency” means an entity that has a contract with the department
13to provide services under the Women, Infants, and Children program such as
14eligibility determination, benefit issuance, and nutritional counseling for
15participants.
AB56,1903
16Section 1903
. 253.06 (1) (dm) of the statutes is repealed.
AB56,1904
17Section 1904
. 253.06 (1) (dr) and (dv) of the statutes are created to read:
AB56,968,2018
253.06
(1) (dr) “Summary suspension” means an emergency action taken by the
19department to suspend an authorization under the Women, Infants, and Children
20program.
AB56,968,2121
(dv) “Trafficking” means doing any of the following:
AB56,968,2422
1. Buying, selling, stealing, or otherwise exchanging for cash or consideration
23other than approved food Women, Infants, and Children program food instruments
24or benefits that are issued and accessed via a food instrument.
AB56,969,2
12. Exchanging firearms, ammunition, explosives, or controlled substances, as
2defined in
21 USC 802, for a food instrument.
AB56,969,43
3. Intentionally purchasing and reselling for cash or consideration other than
4approved food a product that is purchased with a food instrument.
AB56,969,65
4. Intentionally purchasing with cash or consideration other than approved
6food a product that was originally purchased with a food instrument.
AB56,1905
7Section 1905
. 253.06 (1) (e) of the statutes is amended to read:
AB56,969,108
253.06
(1) (e) “Vendor" means a
grocery store or pharmacy that sells authorized 9person that operates one or more stores or pharmacies authorized by the department
10under sub. (3) to provide approved foods under a retail food
delivery system.
AB56,1906
11Section 1906
. 253.06 (1) (f) of the statutes is repealed.
AB56,1907
12Section 1907
. 253.06 (1) (g) of the statutes is created to read:
AB56,969,1513
253.06
(1) (g) “Women, Infants, and Children program” means the federal
14special supplemental nutrition program for women, infants and children under
42
15USC 1786 and this section.
AB56,1908
16Section 1908
. 253.06 (1m) of the statutes is created to read:
AB56,969,1917
253.06
(1m) Program administration. (a) The department may identify an
18alternate participant as the Women, Infants, and Children program cardholder for
19purposes of electronic administration of the Women, Infants, and Children program.