SB70,1564,1311 (a) Engages in the manufacture of a prescription drug product or enters into
12a lease with another manufacturer to market and distribute a prescription drug
13product under the entity's own name.
SB70,1564,1514 (b) Sets or changes the wholesale acquisition cost of the prescription drug
15product described in par. (a).
SB70,1564,16 16(9) “Pharmacy benefit manager” has the meaning given in s. 632.865 (1) (c).
SB70,1564,18 17(10) “Prescription drug product” means a brand name drug, a generic drug, a
18biologic, or a biosimilar.
SB70,3044 19Section 3044. 601.785 of the statutes is created to read:
SB70,1564,24 20601.785 Prescription drug affordability review board. (1) Mission. The
21purpose of the board is to protect state residents, the state, local governments, health
22plans, health care providers, pharmacies licensed in this state, and other
23stakeholders of the health care system in this state from the high costs of prescription
24drug products.
SB70,1564,25 25(2) Powers and duties. (a) The board shall do all of the following:
SB70,1565,3
11. Meet in open session at least 4 times per year to review prescription drug
2product pricing information, except that the chair may cancel or postpone a meeting
3if there is no business to transact.
SB70,1565,54 2. To the extent practicable, access and assess pricing information for
5prescription drug products by doing all of the following:
SB70,1565,86 a. Accessing and assessing information from other states by entering into
7memoranda of understanding with other states to which manufacturers report
8pricing information.
SB70,1565,99 b. Assessing spending for specific prescription drug products in this state.
SB70,1565,1010 c. Accessing other available pricing information.
SB70,1565,1111 (b) The board may do any of the following:
SB70,1565,1212 1. Promulgate rules for the administration of this subchapter.
SB70,1565,1713 2. Enter into a contract with an independent 3rd party for any service
14necessary to carry out the powers and duties of the board. Unless written permission
15is granted by the board, any person with whom the board contracts may not release,
16publish, or otherwise use any information to which the person has access under the
17contract.
SB70,1565,2018 (c) The board shall establish and maintain a website to provide public notices
19and make meeting materials available under sub. (3) (a) and to disclose conflicts of
20interest under sub. (4) (d).
SB70,1565,24 21(3) Meeting requirements. (a) Pursuant to s. 19.84, the board shall provide
22public notice of each board meeting at least 2 weeks prior to the meeting and shall
23make the materials for each meeting publicly available at least one week prior to the
24meeting.
SB70,1566,3
1(b) Notwithstanding s. 19.84 (2), the board shall provide an opportunity for
2public comment at each open meeting and shall provide the public with the
3opportunity to provide written comments on pending decisions of the board.
SB70,1566,64 (c) Notwithstanding subch. V of ch. 19, any portion of a meeting of the board
5concerning proprietary data and information shall be conducted in closed session
6and shall in all respects remain confidential.
SB70,1566,87 (d) The board may allow expert testimony at any meeting, including when the
8board meets in closed session.
SB70,1566,12 9(4) Conflicts of interest. (a) A member of the board shall recuse himself or
10herself from a decision by the board relating to a prescription drug product if the
11member or an immediate family member has received or could receive any of the
12following:
SB70,1566,1413 1. A direct financial benefit deriving from a determination, or a finding of a
14study or review, by the board relating to the prescription drug product.
SB70,1566,1715 2. A financial benefit in excess of $5,000 in a calendar year from any person who
16owns, manufactures, or provides a prescription drug product to be studied or
17reviewed by the board.
SB70,1566,2118 (b) A conflict of interest under this subsection shall be disclosed by the board
19when hiring board staff, by the appointing authority when appointing members to
20the board, and by the board when a member of the board is recused from any decision
21relating to a review of a prescription drug product.
SB70,1566,2522 (c) A conflict of interest under this subsection shall be disclosed no later than
235 days after the conflict is identified, except that, if the conflict is identified within
245 days of an open meeting of the board, the conflict shall be disclosed prior to the
25meeting.
SB70,1567,4
1(d) The board shall disclose a conflict of interest under this subsection on the
2board's website unless the chair of the board recuses the member from a final
3decision relating to a review of the prescription drug product. The disclosure shall
4include the type, nature, and magnitude of the interests of the member involved.
SB70,1567,75 (e) A member of the board or a 3rd-party contractor may not accept any gift or
6donation of services or property that indicates a potential conflict of interest or has
7the appearance of biasing the work of the board.
SB70,3045 8Section 3045. 601.79 of the statutes is created to read:
SB70,1567,10 9601.79 Drug cost affordability review. (1) Identification of drugs. The
10board shall identify prescription drug products that are any of the following:
SB70,1567,1411 (a) A brand name drug or biologic that, as adjusted annually to reflect
12adjustments to the U.S. consumer price index for all urban consumers, U.S. city
13average, as determined by the U.S. department of labor, has a launch wholesale
14acquisition cost of at least $30,000 per year or course of treatment.
SB70,1567,1815 (b) A brand name drug or biologic that, as adjusted annually to reflect
16adjustments to the U.S. consumer price index for all urban consumers, U.S. city
17average, as determined by the U.S. department of labor, has a wholesale acquisition
18cost that has increased at least $3,000 during a 12-month period.
SB70,1567,2119 (c) A biosimilar that has a launch wholesale acquisition cost that is not at least
2015 percent lower than the referenced brand biologic at the time the biosimilar is
21launched.
SB70,1567,2522 (d) A generic drug that has a wholesale acquisition cost, as adjusted annually
23to reflect adjustments to the U.S. consumer price index for all urban consumers, U.S.
24city average, as determined by the U.S. department of labor, that meets all of the
25following conditions:
SB70,1568,6
11. Is at least $100 for a supply lasting a patient for a period of 30 consecutive
2days based on the recommended dosage approved for labeling by the federal food and
3drug administration, a supply lasting a patient for a period of fewer than 30 days
4based on the recommended dosage approved for labeling by the federal food and drug
5administration, or one unit of the drug if the labeling approved by the federal food
6and drug administration does not recommend a finite dosage.
SB70,1568,97 2. Increased by at least 200 percent during the preceding 12-month period, as
8determined by the difference between the resulting wholesale acquisition cost and
9the average of the wholesale acquisition cost reported over the preceding 12 months.
SB70,1568,1210 (e) Other prescription drug products, including drugs to address public health
11emergencies, that may create affordability challenges for the health care system and
12patients in this state.
SB70,1568,17 13(2) Affordability review. (a) After identifying prescription drug products
14under sub. (1), the board shall determine whether to conduct an affordability review
15for each identified prescription drug product by seeking stakeholder input about the
16prescription drug product and considering the average patient cost share of the
17prescription drug product.
SB70,1568,2318 (b) The information used to conduct an affordability review under par. (a) may
19include any document and research related to the manufacturer's selection of the
20introductory price or price increase of the prescription drug product, including life
21cycle management, net average price in this state, market competition and context,
22projected revenue, and the estimated value or cost-effectiveness of the prescription
23drug product.
SB70,1569,3
1(c) The failure of a manufacturer to provide the board with information for an
2affordability review under par. (b) does not affect the authority of the board to
3conduct the review.
SB70,1569,11 4(3) Affordability challenge. When conducting an affordability review of a
5prescription drug product under sub. (2), the board shall determine whether use of
6the prescription drug product that is fully consistent with the labeling approved by
7the federal food and drug administration or standard medical practice has led or will
8lead to an affordability challenge for the health care system in this state, including
9high out-of-pocket costs for patients. To the extent practicable, in determining
10whether a prescription drug product has led or will lead to an affordability challenge,
11the board shall consider all of the following factors:
SB70,1569,1312 (a) The wholesale acquisition cost for the prescription drug product sold in this
13state.
SB70,1569,1714 (b) The average monetary price concession, discount, or rebate the
15manufacturer provides, or is expected to provide, to health plans in this state as
16reported by manufacturers and health plans, expressed as a percent of the wholesale
17acquisition cost for the prescription drug product under review.
SB70,1569,2118 (c) The total amount of the price concessions, discounts, and rebates the
19manufacturer provides to each pharmacy benefit manager for the prescription drug
20product under review, as reported by the manufacturer and pharmacy benefit
21manager and expressed as a percent of the wholesale acquisition cost.
SB70,1569,2322 (d) The price at which therapeutic alternatives to the prescription drug product
23have been sold in this state.
SB70,1570,3
1(e) The average monetary concession, discount, or rebate the manufacturer
2provides or is expected to provide to health plan payors and pharmacy benefit
3managers in this state for therapeutic alternatives to the prescription drug product.
SB70,1570,64 (f) The costs to health plans based on patient access consistent with labeled
5indications by the federal food and drug administration and recognized standard
6medical practice.
SB70,1570,87 (g) The impact on patient access resulting from the cost of the prescription drug
8product relative to insurance benefit design.
SB70,1570,109 (h) The current or expected dollar value of drug-specific patient access
10programs that are supported by the manufacturer.
SB70,1570,1311 (i) The relative financial impacts to health, medical, or social services costs that
12can be quantified and compared to baseline effects of existing therapeutic
13alternatives to the prescription drug product.
SB70,1570,1514 (j) The average patient copay or other cost sharing for the prescription drug
15product in this state.
SB70,1570,1616 (k) Any information a manufacturer chooses to provide.
SB70,1570,1717 (L) Any other factors as determined by the board by rule.
SB70,1570,21 18(4) Upper payment limit. (a) If the board determines under sub. (3) that use
19of a prescription drug product has led or will lead to an affordability challenge, the
20board shall establish an upper payment limit for the prescription drug product after
21considering all of the following:
SB70,1570,2222 1. The cost of administering the drug.
SB70,1570,2323 2. The cost of delivering the drug to consumers.
SB70,1570,2424 3. Other relevant administrative costs related to the drug.
SB70,1571,6
1(b) For a prescription drug product identified in sub. (1) (b) or (d) 2., the board
2shall solicit information from the manufacturer regarding the price increase. To the
3extent that the price increase is not a result of the need for increased manufacturing
4capacity or other effort to improve patient access during a public health emergency,
5the board shall establish an upper payment limit under par. (a) that is equal to the
6cost to consumers prior to the price increase.
SB70,1571,107 (c) 1. The upper payment limit established under this subsection shall apply
8to all purchases and payor reimbursements of the prescription drug product
9dispensed or administered to individuals in this state in person, by mail, or by other
10means.
SB70,1571,2111 2. Notwithstanding subd. 1., while state-sponsored and state-regulated
12health plans and health programs shall limit drug reimbursements and drug
13payment to no more than the upper payment limit established under this subsection,
14a plan subject to the Employee Retirement Income Security Act of 1974 or Part D of
15Medicare under 42 USC 1395w-101 et seq. may choose to reimburse more than the
16upper payment limit. A provider who dispenses and administers a prescription drug
17product in this state to an individual in this state may not bill a payor more than the
18upper payment limit to the patient regardless of whether a plan subject to the
19Employee Retirement Income Security Act of 1974 or Part D of Medicare under 42
20USC 1395w-101
et seq. chooses to reimburse the provider above the upper payment
21limit.
SB70,1571,23 22(5) Public inspection. Information submitted to the board under this section
23shall be open to public inspection only as provided under ss. 19.31 to 19.39.
SB70,1572,2 24(6) No prohibition on marketing. Nothing in this section may be construed to
25prevent a manufacturer from marketing a prescription drug product approved by the

1federal food and drug administration while the prescription drug product is under
2review by the board.
SB70,1572,7 3(7) Appeals. A person aggrieved by a decision of the board may request an
4appeal of the decision no later than 30 days after the board makes the determination.
5The board shall hear the appeal and make a final decision no later than 60 days after
6the appeal is requested. A person aggrieved by a final decision of the board may
7petition for judicial review in a court of competent jurisdiction.
SB70,3046 8Section 3046 . 601.83 (1) (a) of the statutes is amended to read:
SB70,1572,219 601.83 (1) (a) The commissioner shall administer a state-based reinsurance
10program known as the healthcare stability plan in accordance with the specific terms
11and conditions approved by the federal department of health and human services
12dated July 29, 2018. Before December 31, 2023, the commissioner may not request
13from the federal department of health and human services a modification,
14suspension, withdrawal, or termination of the waiver under 42 USC 18052 under
15which the healthcare stability plan under this subchapter operates unless
16legislation has been enacted specifically directing the modification, suspension,
17withdrawal, or termination. Before December 31, 2023, the commissioner may
18request renewal, without substantive change, of the waiver under 42 USC 18052
19under which the health care stability plan operates in accordance with s. 20.940 (4)
20unless legislation has been enacted that is contrary to such a renewal request. The
21commissioner shall comply with applicable timing in and requirements of s. 20.940.
SB70,3047 22Section 3047. 601.83 (1) (h) of the statutes is renumbered 601.83 (1) (h) (intro.)
23and amended to read:
SB70,1573,424 601.83 (1) (h) (intro.) In 2019 and in each subsequent year Unless the joint
25committee on finance under s. 13.10 increases the amount upon request by the

1commissioner
, the commissioner may expend no more than $200,000,000 the
2following amounts
from all revenue sources for the healthcare stability plan under
3this section, unless the joint committee on finance under s. 13.10 has increased this
4amount upon request by the commissioner.
:
SB70,1573,8 5(he) The commissioner shall ensure that sufficient funds are available for the
6healthcare stability plan under this section to operate as described in the approval
7of the federal department of health and human services dated July 29, 2018, and in
8any waiver extension approvals
.
SB70,3048 9Section 3048. 601.83 (1) (h) 1. and 3. of the statutes are created to read:
SB70,1573,1010 601.83 (1) (h) 1. In 2019, 2020, and 2021, $200,000,000.
SB70,1573,1911 3. In 2025 and in each year thereafter, the maximum expenditure amount for
12the previous year, adjusted to reflect the percentage increase, if any, in the consumer
13price index for all urban consumers, U.S. city average, for the medical care group, as
14determined by the U.S. department of labor, for the 12-month period ending on
15December 31 of the year before the year in which the amount is determined. The
16commissioner shall determine the annual adjustment amount for a particular year
17in January of the previous year. The commissioner shall publish the new maximum
18expenditure amount under this subdivision each year in the Wisconsin
19Administrative Register.
SB70,3049 20Section 3049. 601.83 (1) (hm) of the statutes is renumbered 601.83 (1) (h) 2.
21and amended to read:
SB70,1573,2422 601.83 (1) (h) 2. Notwithstanding par. (h), in In 2022 and in each year
23thereafter, the commissioner may expend from all revenue sources
, 2023, and 2024,
24$230,000,000 or less for the healthcare stability plan under this section.
SB70,3050 25Section 3050 . 609.045 of the statutes is created to read:
SB70,1574,2
1609.045 Balance billing; emergency medical services. (1) Definitions.
2In this section:
SB70,1574,33 (a) “Emergency medical condition” means all of the following:
SB70,1574,74 1. A medical condition, including a mental health condition or substance use
5disorder condition, manifesting itself by acute symptoms of sufficient severity,
6including severe pain, such that the absence of immediate medical attention could
7reasonably be expected to result in any of the following:
SB70,1574,98 a. Placing the health of the individual or, with respect to a pregnant woman,
9the health of the woman or her unborn child, in serious jeopardy.
SB70,1574,1010 b. Serious impairment of bodily function.
SB70,1574,1111 c. Serious dysfunction of any bodily organ or part.
SB70,1574,1512 2. With respect to a pregnant woman who is having contractions, a medical
13condition for which there is inadequate time to safely transfer the pregnant woman
14to another hospital before delivery or for which the transfer may pose a threat to the
15health or safety of the pregnant woman or the unborn child.
SB70,1574,1816 (b) “Emergency medical services,” with respect to an emergency medical
17condition, has the meaning given for “emergency services” in 42 USC 300gg-111 (a)
18(3) (C).
SB70,1574,2019 (c) “Independent freestanding emergency department" has the meaning given
20in 42 USC 300gg-111 (a) (3) (D).
SB70,1574,2221 (d) “Out-of-network rate” has the meaning given by the commissioner by rule
22or, in the absence of such rule, the meaning given in 42 USC 300gg-111 (a) (3) (K).
SB70,1575,223 (e) “Preferred provider plan,” notwithstanding s. 609.01 (4), includes only any
24preferred provider plan, as defined in s. 609.01 (4), that has a network of

1participating providers and imposes on enrollees different requirements for using
2providers that are not participating providers.
SB70,1575,43 (f) “Recognized amount” has the meaning given by the commissioner by rule
4or, in the absence of such rule, the meaning given in 42 USC 300gg-111 (a) (3) (H).
SB70,1575,85 (g) “Self-insured governmental plan” means a self-insured health plan of the
6state or a county, city, village, town, or school district that has a network of
7participating providers and imposes on enrollees in the self-insured health plan
8different requirements for using providers that are not participating providers.
SB70,1575,119 (h) “Terminated” means the expiration or nonrenewal of a contract.
10“Terminated” does not include a termination of a contract for failure to meet
11applicable quality standards or for fraud.
SB70,1575,16 12(2) Emergency medical services. A defined network plan, preferred provider
13plan, or self-insured governmental plan that covers any benefits or services provided
14in an emergency department of a hospital or emergency medical services provided
15in an independent freestanding emergency department shall cover emergency
16medical services in accordance with all of the following:
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