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Wisconsin Legislature: SB764: Bill Text
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SB764: Bill Text
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2025 - 2026 LEGISLATURE
LRB-5531/1
EKL:amn&skw
2025 SENATE BILL 764
December 12, 2025 - Introduced by Senators
Hesselbein
,
Spreitzer
,
L. Johnson
,
Ratcliff
,
Roys
and
Wall
, cosponsored by Representatives
Subeck
,
Anderson
,
Arney
,
Bare
,
Clancy
,
DeSmidt
,
Joers
,
Madison
,
Phelps
,
Roe
,
Sinicki
,
Spaude
,
Stroud
,
Stubbs
,
Tenorio
,
Udell
and
Palmeri
. Referred to Committee on Insurance, Housing, Rural Issues and Forestry.
SB764,1,3
1
An Act
to amend
609.83;
to create
632.895 (12r) of the statutes;
relating to:
2
cost-sharing cap on epinephrine delivery systems under health insurance
3
policies and plans.
Analysis by the Legislative Reference Bureau
This bill prevents every health insurance policy and every self-insured governmental health plan that covers medically necessary epinephrine delivery systems from imposing cost sharing in an amount that exceeds $60 for two doses of the epinephrine delivery system, regardless of the type of epinephrine delivery system. The bill defines “epinephrine delivery system” to mean a device that is approved by the federal Food and Drug Administration, that contains a premeasured dose of epinephrine, and that is used to administer epinephrine into the human body to prevent or treat a life-threatening allergic reaction. Health insurance policies are referred to in the bill as disability insurance policies.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
This proposal may contain a health insurance mandate requiring a social and financial impact report under s. 601.423, stats.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB764,1
1
Section
1
.
609.83 of the statutes is amended to read:
SB764,2,4
2
609.83
Coverage of drugs and devices.
Limited service health
3
organizations, preferred provider plans, and defined network plans are subject to
4
ss. 632.853, 632.861, and 632.895
(12r),
(16t)
,
and (16v).
SB764,2
5
Section
2
.
632.895 (12r) of the statutes is created to read:
SB764,2,10
6
632.895
(12r)
Epinephrine delivery systems
. (a) In this subsection,
7
“epinephrine delivery system” means a device that is approved by the federal food
8
and drug administration, that contains a premeasured dose of epinephrine, and
9
that is used to administer epinephrine into the human body to prevent or treat a
10
life-threatening allergic reaction.
SB764,2,15
11
(b) Every disability insurance policy, and every self-insured health plan of the
12
state or a county, city, village, town, or school district, that provides coverage of
13
medically necessary epinephrine delivery systems may not impose cost sharing on
14
epinephrine delivery systems in an amount that exceeds $60 for two doses of the
15
epinephrine delivery system, regardless of the type of epinephrine delivery system.
SB764,2,20
16
(c) Nothing in this subsection prohibits a disability insurance policy or self-
17
insured health plan from imposing cost sharing on epinephrine delivery systems in
18
an amount less than the amount specified under par. (b). Nothing in this
19
paragraph requires a disability insurance policy or self-insured health plan to
20
impose any cost sharing on epinephrine delivery systems.
SB764,3
21
Section
3
. Initial applicability.
SB764,2,22
22
(
1
)
Epinephrine delivery systems.
SB764,3,3
1
(
a
) For policies and plans containing provisions inconsistent with s. 632.895
2
(12r), the treatment of s. 632.895 (12r) first applies to policy or plan years beginning
3
on the effective date of this paragraph, except as provided in par. (
b
).
SB764,3,8
4
(
b
) For policies and plans that are affected by a collective bargaining
5
agreement containing provisions inconsistent with s. 632.895 (12r), the treatment
6
of s. 632.895 (12r) first applies to policy or plan years beginning on the effective date
7
of this paragraph or on the day on which the collective bargaining agreement is
8
newly established, extended, modified, or renewed, whichever is later.
SB764,4
9
Section
4
. Effective date.
SB764,3,11
10
(
1
)
This act takes effect on the first day of the 4th month beginning after
11
publication.
SB764,3,12
12
(end)
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true
proposaltext
/2025/related/proposals/sb764
proposaltext/2025/REG/SB764
proposaltext/2025/REG/SB764
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true
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