SB70-AA3,136,23
19(9) Penalty. A manufacturer that violates this section may be required to
20forfeit not more than $200,000 per month of violation, with the maximum forfeiture
21increasing to $400,000 per month if the manufacturer continues to be in violation
22after 6 months and increasing to $600,000 per month if the manufacturer continues
23to be in violation after one year.
SB70-AA3,148
24Section
148. 632.87 (8) of the statutes is created to read:
SB70-AA3,136,2525
632.87
(8) (a) In this subsection:
SB70-AA3,137,1
11. “Health care provider” has the meaning given in s. 146.81 (1) (a) to (hp).
SB70-AA3,137,32
2. “Substance abuse counselor” means a substance abuse counselor certified
3under s. 440.88.
SB70-AA3,137,84
(b) No policy, plan, or contract may exclude coverage for alcoholism or other
5drug abuse treatment or services provided by a substance abuse counselor within the
6scope of the substance abuse counselor's education and training if the policy, plan,
7or contract covers the alcoholism or other drug abuse treatment or services when
8provided by another health care provider.
SB70-AA3,149
9Section
149. 632.871 of the statutes is created to read:
SB70-AA3,137,10
10632.871 Telehealth services. (1)
Definitions. In this section:
SB70-AA3,137,1111
(a) “Disability insurance policy” has the meaning given in s. 632.895 (1) (a).
SB70-AA3,137,1312
(b) “Self-insured health plan” means a self-insured health plan of the state or
13a county, city, village, town, or school district.
SB70-AA3,137,1914
(c) “Telehealth" means a practice of health care delivery, diagnosis,
15consultation, treatment, or transfer of medically relevant data by means of audio,
16video, or data communications that are used either during a patient visit or a
17consultation or are used to transfer medically relevant data about a patient.
18“Telehealth" does not include communications delivered solely by audio-only
19telephone, facsimile machine, or email unless specified otherwise by rule.
SB70-AA3,138,2
20(2) Coverage denial prohibited. No disability insurance policy or self-insured
21health plan may deny coverage for a treatment or service provided through
22telehealth on the basis that the treatment or service is provided through telehealth
23if that treatment or service is covered by the disability insurance policy or
24self-insured health plan when provided in person. A disability insurance policy or
1self-insured health plan may limit coverage of treatments or services provided
2through telehealth to those treatments or services that are medically necessary.
SB70-AA3,138,6
3(3) Certain limitations on telehealth prohibited. A disability insurance
4policy or self-insured health plan may not subject a treatment or service provided
5through telehealth for which coverage is required under sub. (2) to any of the
6following:
SB70-AA3,138,87
(a) Any greater deductible, copayment, or coinsurance amount than would be
8applicable if the treatment or service is provided in person.
SB70-AA3,138,129
(b) Any policy or calendar year or lifetime benefit limit or other maximum
10limitation that is not imposed on other treatments or services covered by the
11disability insurance policy or self-insured health plan that are not provided through
12telehealth.
SB70-AA3,138,1413
(c) Prior authorization requirements that are not required for the same
14treatment or service when provided in person.
SB70-AA3,138,1515
(d) Unique location requirements.
SB70-AA3,138,20
16(4) Disclosure of coverage of certain telehealth services. A disability
17insurance policy or self-insured health plan that covers a telehealth treatment or
18service that has no equivalent in-person treatment or service, such as remote patient
19monitoring, shall specify in policy or plan materials the coverage of that telehealth
20treatment or service.
SB70-AA3,9123
21Section 9123.
Nonstatutory provisions; Insurance.
SB70-AA3,139,322
(1)
Prescription drug importation program. The commissioner of insurance
23shall submit the first report required under s. 601.575 (5) by the next January 1 or
24July 1, whichever is earliest, that is at least 180 days after the date the prescription
25drug importation program is fully operational under s. 601.575 (4). The
1commissioner of insurance shall include in the first 3 reports submitted under s.
2601.575 (5) information on the implementation of the audit functions under s.
3601.575 (1) (n).
SB70-AA3,139,74
(2)
Public option health insurance plan. The office of the commissioner of
5insurance may expend from the appropriation under s. 20.145 (1) (a) in fiscal year
62023-24 not more than $1,000,000 for the development of a public option health
7insurance plan.
SB70-AA3,139,108
(3)
Prescription drug purchasing entity. During the 2023-2025 fiscal
9biennium, the office of the commissioner of insurance shall conduct a study on the
10viability of creating or implementing a state prescription drug purchasing entity.
SB70-AA3,139,1212
(1)
Telehealth parity.
SB70-AA3,139,1613
(a) For policies and plans containing provisions inconsistent with the
14treatment of s. 632.871, the treatment of s. 632.871 first applies to policy or plan
15years beginning on January 1 of the year following the year in which this paragraph
16takes effect, except as provided in par. (b
).
SB70-AA3,139,2117
(b) For policies and plans that are affected by a collective bargaining agreement
18containing provisions inconsistent with the treatment of s. 632.871, the treatment
19of s. 632.871 first applies to policy or plan years beginning on the effective date of this
20paragraph or on the day on which the collective bargaining agreement is newly
21established, extended, modified, or renewed, whichever is later.
SB70-AA3,139,2222
(2)
Substance abuse counselor coverage.
SB70-AA3,140,223
(a) For policies and plans containing provisions inconsistent with the
24treatment of s. 632.87 (8), the treatment of s. 632.87 (8) first applies to policy or plan
1years beginning on January 1 of the year following the year in which this paragraph
2takes effect, except as provided in par. (b
).
SB70-AA3,140,73
(b) For policies and plans that are affected by a collective bargaining agreement
4containing provisions inconsistent with the treatment of s. 632.87 (8), the treatment
5of s. 632.87 (8) first applies to policy or plan years beginning on the effective date of
6this paragraph or on the day on which the collective bargaining agreement is newly
7established, extended, modified, or renewed, whichever is later.
SB70-AA3,140,88
(3)
Application of manufacturer discounts.
SB70-AA3,140,129
(a) For policies and plans containing provisions inconsistent with the
10treatment of s. 632.862, the treatment of s. 632.862 first applies to policy or plan
11years beginning on January 1 of the year following the year in which this paragraph
12takes effect, except as provided in par. (b
).
SB70-AA3,140,1713
(b) For policies or plans that are affected by a collective bargaining agreement
14containing provisions inconsistent with the treatment of s. 632.862, the treatment
15of s. 632.862 first applies to policy or plan years beginning on the effective date of this
16paragraph or on the day on which the collective bargaining agreement is newly
17established, extended, modified, or renewed, whichever is later.
SB70-AA3,140,2119
(1)
Substance abuse counselor coverage. The treatment of s. 632.87 (8) and
20Section 9323 (2
) of this act take effect on the first day of the 4th month beginning
21after publication.”.
SB70-AA3,140,24
23“
Section
150. 20.005 (3) (schedule) of the statutes: at the appropriate place,
24insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB70-AA3,151
1Section
151. 20.115 (7) (gc) of the statutes is amended to read:
SB70-AA3,141,42
20.115
(7) (gc)
Industrial hemp
and marijuana. All moneys received under s.
394.55 for regulation of activities relating to industrial hemp under s. 94.55
and to
4marijuana under s. 94.56.
SB70-AA3,152
5Section
152. 20.115 (7) (ge) of the statutes is created to read:
SB70-AA3,142,26
20.115
(7) (ge)
Marijuana producers and processors; official logotype. All
7moneys received under s. 94.56 for regulation of activities relating to marijuana
1under s. 94.56, for conducting public awareness campaigns under s. 94.56, and for
2the creation of a logotype under s. 100.145.
SB70-AA3,153
3Section
153. 20.435 (5) (q) of the statutes is created to read:
SB70-AA3,142,54
20.435
(5) (q)
Payments to counties. From the community reinvestment fund,
5all moneys received under subch. IV of ch. 139 for grants to counties under s. 250.22.
SB70-AA3,154
6Section
154. 20.566 (1) (bn) of the statutes is created to read:
SB70-AA3,142,117
20.566
(1) (bn)
Administration and enforcement of marijuana tax and
8regulation. The amounts in the schedule for the purposes of administering the
9marijuana tax imposed under subch. IV of ch. 139 and for the costs incurred in
10enforcing the taxing and regulation of marijuana producers, marijuana processors,
11and marijuana retailers under subch. IV of ch. 139.
SB70-AA3,155
12Section
155. 20.835 (2) (eq) of the statutes is created to read:
SB70-AA3,142,1413
20.835
(2) (eq)
Marijuana tax refunds. A sum sufficient to pay refunds under
14subch. IV of ch. 139.
SB70-AA3,156
15Section
156. 25.316 of the statutes is created to read:
SB70-AA3,142,18
1625.316 Community reinvestment fund. There is established a separate
17nonlapsible trust fund, designated the community reinvestment fund consisting of
18all moneys received under subch. IV of ch. 139, including interest and penalties.
SB70-AA3,157
19Section
157. 49.148 (4) (a) of the statutes is amended to read:
SB70-AA3,143,920
49.148
(4) (a) A Wisconsin
works
Works agency shall require a participant in
21a community service job or transitional placement who, after August 22, 1996, was
22convicted in any state or federal court of a felony that had as an element possession,
23use or distribution of a controlled substance to submit to a test for use of a controlled
24substance as a condition of continued eligibility. If the test results are positive, the
25Wisconsin
works Works agency shall decrease the presanction benefit amount for
1that participant by not more than 15 percent for not fewer than 12 months, or for the
2remainder of the participant's period of participation in a community service job or
3transitional placement, if less than 12 months. If, at the end of 12 months, the
4individual is still a participant in a community service job or transitional placement
5and submits to another test for use of a controlled substance and if the results of the
6test are negative, the Wisconsin
works Works agency shall discontinue the reduction
7under this paragraph.
In this subsection, “controlled substance” does not include
8tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in
9marijuana, obtained from marijuana, or chemically synthesized.
SB70-AA3,158
10Section
158. 49.46 (1) (a) 1m. of the statutes is amended to read:
SB70-AA3,143,1511
49.46
(1) (a) 1m. Any pregnant woman whose income does not exceed the
12standard of need under s. 49.19 (11) and whose pregnancy is medically verified.
13Eligibility continues to the last day of the month in which the 60th day or, if approved
14by the federal government, the
90th 365th day after the last day of the pregnancy
15falls.
SB70-AA3,159
16Section
159. 49.46 (1) (j) of the statutes is amended to read:
SB70-AA3,143,2117
49.46
(1) (j) An individual determined to be eligible for benefits under par. (a)
189. remains eligible for benefits under par. (a) 9. for the balance of the pregnancy and
19to the last day of the month in which the 60th day or, if approved by the federal
20government, the
90th 365th day after the last day of the pregnancy falls without
21regard to any change in the individual's family income.
SB70-AA3,160
22Section
160. 49.47 (4) (ag) 2. of the statutes is amended to read:
SB70-AA3,144,223
49.47
(4) (ag) 2. Pregnant and the woman's pregnancy is medically verified.
24Eligibility continues to the last day of the month in which the 60th day or, if approved
1by the federal government, the
90th
365th day after the last day of the pregnancy
2falls.
SB70-AA3,161
3Section
161. 49.471 (6) (b) of the statutes is amended to read:
SB70-AA3,144,84
49.471
(6) (b) A pregnant woman who is determined to be eligible for benefits
5under sub. (4) remains eligible for benefits under sub. (4) for the balance of the
6pregnancy and to the last day of the month in which the 60th day or, if approved by
7the federal government, the
90th 365th day after the last day of the pregnancy falls
8without regard to any change in the woman's family income.
SB70-AA3,162
9Section
162. 49.471 (7) (b) 1. of the statutes is amended to read:
SB70-AA3,144,2010
49.471
(7) (b) 1. A pregnant woman whose family income exceeds 300 percent
11of the poverty line may become eligible for coverage under this section if the
12difference between the pregnant woman's family income and the applicable income
13limit under sub. (4) (a) is obligated or expended for any member of the pregnant
14woman's family for medical care or any other type of remedial care recognized under
15state law or for personal health insurance premiums or for both. Eligibility obtained
16under this subdivision continues without regard to any change in family income for
17the balance of the pregnancy and to the last day of the month in which the 60th day
18or, if approved by the federal government, the
90th
365th day after the last day of the
19woman's pregnancy falls. Eligibility obtained by a pregnant woman under this
20subdivision extends to all pregnant women in the pregnant woman's family.
SB70-AA3,163
21Section
163. 49.79 (1) (b) of the statutes is amended to read:
SB70-AA3,144,2522
49.79
(1) (b) “Controlled substance" has the meaning given in
21 USC 802 (6)
,
23except that “controlled substance” does not include tetrahydrocannabinols in any
24form, including tetrahydrocannabinols contained in marijuana, obtained from
25marijuana, or chemically synthesized.
SB70-AA3,164
1Section
164. 59.54 (25) (title) of the statutes is amended to read:
SB70-AA3,145,22
59.54
(25) (title)
Possession Regulation of marijuana.
SB70-AA3,165
3Section
165. 59.54 (25) (a) (intro.) of the statutes is amended to read:
SB70-AA3,145,124
59.54
(25) (a) (intro.) The board may enact and enforce an ordinance
to prohibit
5the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
6s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that
7is consistent with s. 961.71 or 961.72; except that if a complaint is issued
regarding
8an allegation of possession of more than 25 grams of marijuana, or possession of any
9amount of marijuana following a conviction in this state for possession of marijuana 10alleging a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may
11not be prosecuted under this subsection for the same action that is the subject of the
12complaint unless all of the following occur:
SB70-AA3,166
13Section
166. 66.0107 (1) (bm) of the statutes is amended to read:
SB70-AA3,145,2314
66.0107
(1) (bm) Enact and enforce an ordinance
to prohibit the possession of
15marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
16(intro.), and provide a forfeiture for a violation of the ordinance
that is consistent
17with s. 961.71 or 961.72; except that if a complaint is issued
regarding an allegation
18of possession of more than 25 grams of marijuana, or possession of any amount of
19marijuana following a conviction in this state for possession of marijuana alleging
20a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may not be
21prosecuted under this paragraph for the same action that is the subject of the
22complaint unless the charges are dismissed or the district attorney declines to
23prosecute the case.
SB70-AA3,167
24Section
167. 66.04185 of the statutes is created to read:
SB70-AA3,146,4
166.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or
2county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is
3by an individual who has no more than 6 marijuana plants at one time for his or her
4personal use.
SB70-AA3,168
5Section
168. 73.17 of the statutes is created to read:
SB70-AA3,146,7
673.17 Medical marijuana registry program. (1) Definitions. In this
7section:
SB70-AA3,146,88
(a) “Debilitating medical condition or treatment” means any of the following:
SB70-AA3,146,149
1. Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for
10the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV;
11inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a
12hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail
13patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the
14treatment of these conditions.
SB70-AA3,146,1815
2. A chronic or debilitating disease or medical condition or the treatment of
16such a disease or condition that causes cachexia, severe pain, severe nausea,
17seizures, including those characteristic of epilepsy, or severe and persistent muscle
18spasms, including those characteristic of multiple sclerosis.
SB70-AA3,146,1919
(b) “Department” means the department of revenue.
SB70-AA3,146,2020
(c) “Physician” means a person licensed under s. 448.04 (1) (a).
SB70-AA3,146,2321
(d) “Qualifying patient” means a person who has been diagnosed by a physician
22as having or undergoing a debilitating medical condition or treatment but does not
23include a person under the age of 18 years.
SB70-AA3,146,2524
(e) “Tax exemption certificate” means a certificate to claim the exemption under
25s. 77.54 (71).
SB70-AA3,147,1
1(f) “Usable marijuana" has the meaning given in s. 139.97 (13).
SB70-AA3,147,32
(g) “Written certification” means means a statement made by a person's
3physician if all of the following apply:
SB70-AA3,147,74
1. The statement indicates that, in the physician's professional opinion, the
5person has or is undergoing a debilitating medical condition or treatment and the
6potential benefits of the person's use of usable marijuana would likely outweigh the
7health risks for the person.
SB70-AA3,147,118
2. The statement indicates that the opinion described in subd. 1. was formed
9after a full assessment of the person's medical history and current medical condition
10that was conducted no more than 6 months prior to making the statement and that
11was made in the course of a bona fide physician-patient relationship.
SB70-AA3,147,1312
3. The statement is signed by the physician or is contained in the person's
13medical records.
SB70-AA3,147,1514
4. The statement contains an expiration date that is no more than 48 months
15after issuance and the statement has not expired.
SB70-AA3,147,18
16(2) Application. An adult who is claiming to be a qualifying patient may apply
17for a registry identification card by submitting to the department a signed
18application form containing or accompanied by all of the following:
SB70-AA3,147,1919
(a) His or her name, address, and date of birth.
SB70-AA3,147,2020
(b) A written certification.
SB70-AA3,147,2221
(c) The name, address, and telephone number of the person's current physician,
22as listed in the written certification.