CORRECTED COPY
LRBb0243/1
TJD:nwn:ph
January 2011 Special Session
2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 14,
TO ASSEMBLY BILL 11
February 22, 2011 - Offered by Representatives Staskunas, Sinicki, Toles, Zepnick,
Turner, Steinbrink, Bernard Schaber, Seidel, Vruwink, Roys, Hebl, Barca,
Pasch, D. Cullen, Ringhand, Krusick, Mason, Young, Pope-Roberts,
Zamarripa, Hulsey and
E. Coggs.
AB11-AA14,1,3
3"
Section 51d. 20.435 (4) (j) of the statutes is repealed.
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20.435
(4) (y)
Prescription drug assistance for elderly trust fund. From the
7prescription drug assistance for elderly trust fund, a sum sufficient for the
8prescription drug assistance program under s. 49.688.".
AB11-AA14,1,10
10"
Section 69m. 25.776 of the statutes is created to read:
AB11-AA14,1,13
1125.776 Prescription drug assistance for elderly trust fund. There is
12created a separate nonlapsible trust fund designated as the prescription drug
13assistance for elderly trust fund, consisting of all of the following:
AB11-AA14,2,1
1(1) All moneys collected as fees under s. 49.688 (3).
AB11-AA14,2,2
2(2) All moneys collected as rebates under s. 49.688 (6).
AB11-AA14,2,3
3(3) All federal moneys received that are related to the program under s. 49.688.
AB11-AA14,2,4
4(4) All gifts, grants, bequests, or other contributions made to the fund.".
AB11-AA14,2,6
6"
Section 144p. 49.688 (6) (a) of the statutes is amended to read:
AB11-AA14,2,137
49.688
(6) (a) That, except as provided in sub. (7) (b), the manufacturer shall
8make rebate payments for each prescription drug of the manufacturer that is
9prescribed for and purchased by persons who meet criteria under sub. (2) (a) and
10persons who meet criteria under sub. (2) (b) and have paid the deductible under sub.
11(3) (b) 2. a., to the secretary of administration to be credited to the appropriation
12account under s. 20.435 (4)
(j) (y), each calendar quarter or according to a schedule
13established by the department.
AB11-AA14,3,715
49.688
(7) (a) Except as provided in par. (b), from the appropriation accounts
16under s. 20.435 (4) (bv)
, (j), and
(pg) (y), beginning on September 1, 2002, the
17department shall, under a schedule that is identical to that used by the department
18for payment of pharmacy provider claims under medical assistance, provide to
19pharmacies and pharmacists payments for prescription drugs sold by the
20pharmacies or pharmacists to persons eligible under sub. (2) who have paid the
21deductible specified under sub. (3) (b) 1. or 2. or who, under sub. (3) (b) 1., are not
22required to pay a deductible. The payment for each prescription drug under this
23paragraph shall be at the program payment rate, minus any copayment paid by the
24person under sub. (5) (a) 2. or 4., and plus, if applicable, incentive payments that are
1similar to those provided under s. 49.45 (8v). The department shall devise and
2distribute a claim form for use by pharmacies and pharmacists under this paragraph
3and may limit payment under this paragraph to those prescription drugs for which
4payment claims are submitted by pharmacists or pharmacies directly to the
5department. The department may apply to the program under this section the same
6utilization and cost control procedures that apply under rules promulgated by the
7department to medical assistance under subch. IV of ch. 49.
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49.688
(7) (b) During any period in which funding under s. 20.435 (4) (bv)
and
10(pg) is completely expended for the payments specified in par. (a), the requirements
11of par. (a) and subs. (3) (c), (5), and (6) (a) and (b) do not apply to drugs purchased
12during that period, but the department shall continue to accept applications and
13determine eligibility under sub. (4) and shall indicate to applicants that the
14eligibility of program participants to purchase prescription drugs as specified in sub.
15(3), under the requirements of sub. (5), is conditioned on the availability of funding
16under s. 20.435 (4) (bv)
and (pg).".
