Wisconsin AB 1170: Relating to: prescription drug cost reporting by manufacturers, making an appropriation, and providing a penalty. (FE)

Bill Text

2025 - 2026  LEGISLATURE
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2025 ASSEMBLY BILL 1170
March  19,  2026  -  Introduced  by  Representatives ROE, SUBECK, BARE, BROWN, 
CLANCY, DESANTO, EMERSON, GOODWIN, HONG, JOERS, KIRSCH, MIRESSE, 
MOORE  OMOKUNDE, SINICKI, SNODGRASS, TENORIO, UDELL, VINING  and 
ANDERSON, cosponsored by Senators PFAFF, CARPENTER, DASSLER-ALFHEIM, 
HESSELBEIN, LARSON, RATCLIFF, ROYS, SMITH  and SPREITZER.  Referred  to 
Committee on Health, Aging and Long-Term Care.
AN ACT to create 20.435 (1) (fp) and 146.901 of the statutes; relating to: 
prescription drug cost reporting by manufacturers, making an appropriation, 
and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill requires certain cost reporting by manufacturers of brand-name and 
generic drugs.  The bill requires a manufacturer to notify the Department of Health 
Services and the Office of the Commissioner of Insurance if it is 1) increasing the 
wholesale acquisition cost of a brand-name drug on the market in Wisconsin by 
more  than  25  percent  over  a  24-month  period;  2)  intending  to  introduce  in 
Wisconsin a brand-name drug that has an annual wholesale acquisition cost of 
$30,000 or more; 3) increasing the wholesale acquisition cost of a generic drug on 
the market in Wisconsin by more than 25 percent or by more than $300 during any 
12-month period; or 4) intending to introduce in Wisconsin a generic drug that has 
an annual wholesale acquisition cost of $3,000 or more.  The manufacturer must 
provide  the  notice  at  least  30  days  before  the  planned  date  of  the  increase  or 
introduction and must provide a justification including a description described in 
the bill.  A manufacturer is also required to annually report to DHS and OCI the 
value of price concessions provided to each pharmacy benefit manager for each drug 
sold in Wisconsin for which a notice was required.  The bill also requires each 
manufacturer of a brand-name or generic drug sold in Wisconsin to submit to DHS 
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SECTION 1
and  OCI  a  report  containing  a  description  of  each  manufacturer-sponsored 
assistance program in effect during the previous year that includes the criteria for 
participation, the program terms, and the number of prescriptions and the total 
market value of assistance provided to residents of Wisconsin under the program.  
The  manufacturer  must  certify  the  information  provided  in  a  notice  or  report 
required under the bill under penalty of perjury, and failure to provide the notice or 
report is subject to a forfeiture determined by DHS but not to exceed $10,000 per 
day past due.
The bill requires DHS to publish the pricing justification information reported 
by manufacturers on its website.  DHS must also analyze the information and 
publish a report on its website describing trends in drug pricing.
The  bill  provides  an  additional  appropriation  to  DHS  for  the  purpose  of 
administering  prescription  drug  cost  reporting  by  manufacturers  and  also 
authorizes 2.0 additional positions for DHS for that purpose.
For further information see the state fiscal estimate, which will be printed as 
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do 
enact as follows:
SECTION 1.  20.005 (3) (schedule) of the statutes:  at the appropriate place, 
insert the following amounts for the purposes indicated:
2025-262026-27
20.435  Health services, department of
(1)   PUBLIC HEALTH SERVICES PLANNING, 
REGULATION, AND DELIVERY
(fp)   Prescription drug cost reporting 
by manufacturersGPRB184,200184,200
SECTION 2.  20.435 (1) (fp) of the statutes is created to read:
20.435 (1) (fp)  Prescription drug cost reporting by manufacturers.  Biennially, 
the amounts in the schedule to administer prescription drug cost reporting under s. 
146.901.
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SECTION 3
SECTION 3.  146.901 of the statutes is created to read:
146.901   Prescription  drug  cost  reporting  by  manufacturers.   (1)  
DEFINITIONS.  In this section:
(a)  “Brand-name drug” means a prescription drug approved under 21 USC 
355 (b) or 42 USC 262.
(b)  “Generic drug” means a prescription drug approved under 21 USC 355 (j).
(c)  “Manufacturer” has the meaning given in s. 450.01 (12).  “Manufacturer” 
does not include an entity that is engaged only in the dispensing, as defined in s. 
450.01 (7), of a brand-name drug or a generic drug.
(d)  “Manufacturer-sponsored assistance program” means a program offered 
by a manufacturer or an intermediary under contract with a manufacturer through 
which a brand-name drug or a generic drug is provided to a patient at no charge or 
at a discount.
(e)  “Office” means the office of the commissioner of insurance.
(f)  “Pharmacy benefit manager” has the meaning given in s. 632.865 (1) (c).
(g)    “W