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Bills from the 2019–20 session

Senate Bill 26

Step therapy protocols for prescription drug coverage and requiring the exercise of rule-making authority

Became law

The governor signed it on Jul 10, 2019. It's ⁠.

  1. Introduced, passed

    Feb 8, 2019

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Jun 5, 2019

  4. Assembly vote, passed

    Passed Jun 18, 2019

  5. Governor, passed

    Signed

  6. Law, here now

    2019 Wisconsin Act 12

Latest entry in the official record, Jul 10, 2019: “Published 7-10-2019”

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What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill sets specifications on the development and use of and exceptions to step therapy protocols for prescription drug coverage. A step therapy protocol, as defined in the bill, is a protocol that establishes the specific sequence in which prescription drugs for a specified medical condition that are medically appropriate for a particular patient are covered by a policy or plan. When establishing a step therapy protocol, an insurer, pharmacy benefit manager, or utilization review organization must use clinical review criteria based on clinical practice guidelines that meet certain criteria specified in the bill, including development and endorsement of the guidelines either by a multidisciplinary panel of experts that manages conflicts of interest among its members or, in the absence of a multidisciplinary panel, based on peer reviewed publications. The bill requires the insurer, pharmacy benefit manager, or utilization review organization to consider the needs of atypical patient populations and diagnoses when establishing the clinical review criteria.

If an insurer, pharmacy benefit manager, or utilization review organization restricts the coverage of a prescription drug through a step therapy protocol, the insurer, pharmacy benefit manager, or utilization review organization must provide access to a process to request an exception to the step therapy protocol, though an existing medical exceptions process may be used to satisfy this requirement. The insurer, pharmacy benefit manager, or utilization review organization must expeditiously grant an exception to the step therapy protocol under certain circumstances specified in the bill, including when the drug is contraindicated for the patient or will likely cause an adverse reaction for the patient; the drug is expected to be ineffective; the patient tried the drug previously and discontinued its use due to adverse event or ineffectiveness; use of the drug is not in the patient's best interest;

Read the full summary

or the patient is stable on a different drug under this or a previous policy or plan.

Upon granting an exception to the step therapy protocol, the insurer, pharmacy benefit manager, or utilization review organization must authorize coverage for the drug prescribed by the patient's treating health care provider. An insured may appeal a denied request for an exception to the step therapy protocol. An insurer, pharmacy benefit manager, or utilization review organization must grant or deny a request for an exception within 72 hours of receipt, or within 24 hours in exigent circumstances. If this deadline is not met, the exception is considered granted.

Who's behind it

15 senators are its ⁠. 11 are Republicans and 4 are Democrats.

44 more lawmakers ⁠.

See all 59 names

Authors (15)

Signed on in support (44)

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 2 votes on this bill.

Senate Committee on Health and Human Services vote on an amendment

Passed, 5 to 0 · May 7, 2019

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report adoption of Senate Substitute Amendment 1 recommended by Committee on Health and Human Services, Ayes 5, Noes 0”. Official record · This vote on its own page

Senate Committee on Health and Human Services vote to recommend it

Passed, 5 to 0 · May 7, 2019

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage as amended recommended by Committee on Health and Human Services, Ayes 5, Noes 0”. Official record · This vote on its own page

What happened

  1. Jul 10, 2019

    The new law was published.

  2. Jul 10, 2019

    The governor signed it. It became 2019 Wisconsin Act 12.

  3. Jul 9, 2019

    Sent to the governor.

  4. Jun 18, 2019

    The Assembly passed it too.

  5. Jun 10, 2019

    Sent to the Assembly Committee on Rules.

  6. Jun 5, 2019

    The Assembly received it.

  7. Jun 5, 2019

    The Senate passed it.

  8. Jun 5, 2019

    The Senate adopted it.

  9. May 7, 2019

    The committee voted to recommend passing it, 5 to 0.

  10. May 7, 2019

    “Report adoption of Senate Substitute Amendment 1 recommended by Committee on Health and Human Services, Ayes 5, Noes 0” (the official wording)

  11. Apr 17, 2019

    1 more senator signed on in support.

  12. Apr 17, 2019

    The committee held a public hearing.

  13. Mar 7, 2019 to Mar 27, 2019

    2 more representatives signed on in support.

  14. Feb 8, 2019

    Sent to the Senate Committee on Health and Human Services.

  15. Feb 8, 2019

    Introduced in the Senate.

See the official record, word for word
  1. Feb 8, 2019 · Senate

    Introduced by Senators Darling, Jacque, Roth, Johnson, Feyen, Marklein, Nass, Olsen, Ringhand, Wanggaard, Testin, Cowles, LeMahieu, Carpenter and Wirch; cosponsored by Representatives Nygren, Oldenburg, Schraa, Kolste, Subeck, Rodriguez, Ballweg, Dittrich, Petersen, Horlacher, Vorpagel, Mursau, Kuglitsch, Spiros, Edming, Gundrum, Felzkowski, Kulp, Skowronski, Thiesfeldt, Brooks, Ramthun, Tittl, Swearingen, Novak, Jagler, VanderMeer, Zimmerman, Krug, Quinn, Rohrkaste, Duchow, Magnafici, Born, Kurtz, Brandtjen, Plumer, Summerfield, Loudenbeck, Ott and Knodl

  2. Feb 8, 2019 · Senate

    Read first time and referred to Committee on Health and Human Services

  3. Mar 7, 2019 · Senate

    Representative Sinicki added as a cosponsor

  4. Mar 26, 2019 · Senate

    Senate Substitute Amendment 1 offered by Senator Darling

  5. Mar 27, 2019 · Senate

    Representative Ohnstad added as a cosponsor

  6. Apr 17, 2019 · Senate

    Public hearing held

  7. Apr 17, 2019 · Senate

    Senator Bewley added as a coauthor

  8. May 7, 2019 · Senate

    Executive action taken

  9. May 7, 2019 · Senate

    Report adoption of Senate Substitute Amendment 1 recommended by Committee on Health and Human Services, Ayes 5, Noes 0

  10. May 7, 2019 · Senate

    Report passage as amended recommended by Committee on Health and Human Services, Ayes 5, Noes 0

  11. May 7, 2019 · Senate

    Available for scheduling

  12. Jun 3, 2019 · Senate

    Placed on calendar 6-5-2019 pursuant to Senate Rule 18(1)

  13. Jun 5, 2019 · Senate

    Read a second time

  14. Jun 5, 2019 · Senate

    Senate Substitute Amendment 1 adopted

  15. Jun 5, 2019 · Senate

    Ordered to a third reading

  16. Jun 5, 2019 · Senate

    Rules suspended

  17. Jun 5, 2019 · Senate

    Read a third time and passed

  18. Jun 5, 2019 · Senate

    Ordered immediately messaged

  19. Jun 5, 2019 · Assembly

    Received from Senate

  20. Jun 10, 2019 · Assembly

    Read first time and referred to committee on Rules

  21. Jun 13, 2019 · Assembly

    Placed on calendar 6-18-2019 by Committee on Rules

  22. Jun 18, 2019 · Assembly

    Rules suspended to withdraw from calendar and take up

  23. Jun 18, 2019 · Assembly

    Read a second time

  24. Jun 18, 2019 · Assembly

    Ordered to a third reading

  25. Jun 18, 2019 · Assembly

    Rules suspended

  26. Jun 18, 2019 · Assembly

    Read a third time and concurred in

  27. Jun 18, 2019 · Assembly

    Ordered immediately messaged

  28. Jun 18, 2019 · Senate

    Received from Assembly concurred in

  29. Jun 25, 2019 · Senate

    Report correctly enrolled

  30. Jul 9, 2019 · Senate

    Presented to the Governor on 7-9-2019

  31. Jul 10, 2019 · Senate

    Report approved by the Governor on 7-9-2019. 2019 Wisconsin Act 12

  32. Jul 10, 2019 · Senate

    Published 7-10-2019

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote