STATE LEGISLATIVE AND ADMINISTRATION ACTIONS & UPDATES

MONITORING: 25-27 state budget impacts including business taxes

BioForward actively monitoring 2025-27 state budget discussions regarding impacts to Wisconsin biohealth industry.

SUPPORT: Cole’s Act LRB 1278/1 and LRB 2364/1.

This legislation requires health insurance policies that offer prescription drug benefits, self-insured health plans, and pharmacy benefit managers acting on behalf of policies or plans to apply amounts paid by or on behalf of a person covered under the policy or plan for prescription drugs to any calculation of an out-of-pocket maximum amount or to any cost-sharing requirement of the policy or plan in Wisconsin. For additional information, check out their website at this link WI All Copays Count Coalition (wi4patients.com) and read the recent press release.

Watch this powerful video about why all co-pays count: https://vimeo.com/user13782109/review/818097108/a71ed27fed

SUPPORT: Universities of Wisconsin’s operating budget request for the 2025-27 biennium

Request of $855 million request over two years allowing Wisconsin to remain competitive against other states through investment in innovative technologies and preparing students to meet the demands of our biohealth industry and other key industries.

SUPPORT: Universities of Wisconsin’s operating budget request for the 2025-27 biennium

Request of $855 million request over two years allowing Wisconsin to remain competitive against other states through investment in innovative technologies and preparing students to meet the demands of our biohealth industry and other key industries.

Tech Hub Matching Funds Legislation (Assembly Bill 916/Senate Bill 894):

On February 21st, Act 96 was enacted (000001.ildoc) (wisconsin.gov), providing $7.5m in matching funds to the WI Biohealth Tech Hub to support its Phase 2 Regional & Innovation Tech Hub application which was submitted to the EDA on February 28, 2024.

This legislation had overwhelming bi-partisan support passing 96-0 in the Assembly and 31-1 in the Senate. It was then enacted by Governor Evers. More information on the Wi Biohealth Tech Hub: https://www.bioforward.org/wisconsin-biohealth-tech-hub/

SUPPORT: All Co-pays Count Legislation

This legislation requires health insurance policies that offer prescription drug benefits, self-insured health plans, and pharmacy benefit managers acting on behalf of policies or plans to apply amounts paid by or on behalf of a person covered under the policy or plan for prescription drugs to any calculation of an out-of-pocket maximum amount or to any cost-sharing requirement of the policy or plan in Wisconsin. For additional information, check out their website at this link WI All Copays Count Coalition (wi4patients.com) and read the recent press release.

Watch this powerful video about why all co-pays count: https://vimeo.com/user13782109/review/818097108/a71ed27fed

OPPOSE: Gain of Function Legislation (AB 413 / SB 401)

On January 10, the Assembly Committee on Colleges and Universities heard testimony on legislation that would ban the Universities of Wisconsin and the Technical College System from conducting research that could enhance the transmission of pandemic pathogens. Lawmakers authoring the bill said that it would protect Wisconsinites from potentially catastrophic consequences.  UW-Madison and the Medical College of Wisconsin provided written testimony in opposition to the bill, arguing it would “significantly hinder the ability of researchers in Wisconsin to conduct research of extreme importance to the state.” They noted a variety of concerns about the legislation, including that the language in the bill is too broad. The definition in the bill applies to “potentially pandemic” pathogens, including viruses, fungi and bacteria the groups argued don’t have pandemic potential. The Senate Committee on Health held a similar hearing on the Senate version of the legislation on January 18, 2024.

SUPPORT: Protect Our Farms. (AB 957/ SB 892)

This legislation would prevent local governments from enacting animal welfare ordinances in areas zoned for agricultural use – including prohibiting them from restricting what the animals can be used for after they leave the farm or facility. This bill has passed the Assembly and the Senate and is under review by the Governor.

BIO Vaccine Education Materials

BioForward Initiatives

BioForward is actively working with Governor Evers and Wisconsin legislators to pass all copays count legislation, an R&D tax credit refundability increase, full repeal of the personal property taxes, and to support the University of Wisconsin System & Technical Colleges.

On Wednesday, July 5th, Governor Evers signed the 2023-2025 State Budget into law as Act 19 (with 51 partial vetoes). We are pleased to have two key issues that BioForward strongly supported included in the State Budget, namely:

Tech Hub Matching Funds Legislation

Representatives from the Wisconsin State Senate and State Assembly have drafted legislation that would secure $7.5 million in state matching funds for the Wisconsin Biohealth Tech Hub’s federal implementation grant. The funding would be designated to support projects aligned with the overarching Tech Hub designation, which would strengthen our EDA Tech Hub Phase II application.

Increased R&D Tax Credit Refundability

The signed budget included a 10% increase in the credit refundability to 25% beginning in 2024, the biggest increase in refundability since the credit was initially made refundable at 10%. The specific language is included in sections 338-340, 342-345 (page 152, here).

Elimination of Personal Property Taxes

The State Budget included a complete elimination of personal property taxes contained in Assembly Bill 245, now 2023 Wisconsin Act 12 related to shared revenue. The 2023 Wisconsin Act 12 was signed into law on June 21, 2023, to take effect on January 1, 2024. The specific language included is on page 2 and page 5, SECTION 24. 60.85 (1) (f), SECTION 25. 60.85 (1) (h), and SECTION 26. 60.85 (1) (o), (here).

These budget outcomes mean that our member companies will be able to reinvest the tax savings back into their businesses. BioForward is proud to have helped deliver these wins to our industry and will stay committed to actively advocating for changes that help our industry grow.

SUPPORT: Coverage of Breast Cancer Screenings by Health Insurance Policies (SB 121)

This bill requires health insurance policies to provide coverage with no patient cost-sharing for supplemental breast screening examinations or diagnostic breast examinations for an individual who is at increased risk of breast cancer, as determined in accordance with the most recent applicable guidelines of the National Comprehensive Cancer Network. SB 121 ensures that men and women, regardless of socio-economic background, have access to life-saving breast imaging.

SUPPORT: All Co-pays Count Legislation

This legislation requires health insurance policies that offer prescription drug benefits, self-insured health plans, and pharmacy benefit managers acting on behalf of policies or plans to apply amounts paid by or on behalf of a person covered under the policy or plan for prescription drugs to any calculation of an out-of-pocket maximum amount or to any cost-sharing requirement of the policy or plan in Wisconsin. For additional information, check out their website at this link WI All Copays Count Coalition (wi4patients.com) and read the recent press release.

Watch this powerful video about why all co-pays count: https://vimeo.com/user13782109/review/818097108/a71ed27fed

SUPPORT: Increase in Refundable Research Tax Credit

BioForward is a coalition member working to increase the Wisconsin Refundable Research Credit from 15% to a higher limit. More details to be provided as updates occurred through the state budget process. For current information on the Wisconsin Research credits, click on the link: https://www.revenue.wi.gov/Pages/Businesses/incentives-research.aspx.

SUPPORTED: Complete Repeal of the Personal Property Tax (AB 245) now 2023 Wisconsin Act 12

Gov. Tony Evers has signed Assembly Bill 245, now 2023 Wisconsin Act 12 into law, completely repealing Wisconsin`s Personal Property Tax. BioForward strongly supported and advocated for the passage of this bill because it saves our biohealth companies and Wisconsin businesses over $200 million annually in tax relief allowing them to reinvest the tax savings back into their companies. Here is a link to the 2023 Wisconsin Act 12: https://content.govdelivery.com/attachments/WIGOV/2023/06/20/file_attachments/2531011/ab245.pdf. The repeal of the Personal Property Tax is mentioned on page 2 and on page 5 SECTION 24. 60.85 (1) (f), SECTION 25. 60.85 (1) (h), and SECTION 26. 60.85 (1) (o).

SUPPORT: Increase Funding to the UW System including:

Funding for the UW-Madison College of Engineering Building Project. Click here to support!

Funding for Phase II of the University of Wisconsin-Eau Claire Science and Health Sciences Building to ensure that UW-EC continues its traditions as a national leader in undergraduate research. It will be a catalyst for talent and workforce development for northwest Wisconsin.

Senate and Assembly Republicans Elect Leadership for 2023-24:

Senate Republican Leadership

  • Senate President – Chris Kapenga
  • Senate President Pro Tempore – Patrick Testin
  • Majority Leader – Devin LeMahieu
  • Assistant Majority Leader – Dan Feyen
  • Caucus Chair – Van Wanggaard
  • Caucus Vice-Chair – Joan Ballweg

Assembly Republican Leadership

  • Assembly Speaker – Robin Vos
  • Assembly Speaker Pro Tempore – Kevin Petersen
  • Majority Leader – Tyler August
  • Assistant Majority Leader – Jon Plumer
  • Caucus Chair – Rob Summerfield
  • Caucus Vice-Chair – Cindi Duchow
  • Caucus Sergeant at Arms – Treig Pronschinske
Federal ACTIONS & UPDATES

SUPPORT: American Innovation and R&D Competitiveness Act of 2023 (HR 1990 & S. 866).

This legislation would repeal the provision that R&D expenses could no longer be deducted in the same taxable year but rather businesses must amortize such deductions over five years for domestic expenditures and 15 years for foreign expenditures. This legislation severely impacted early-stage companies from not being allowed to deduct R&D expenses in the year incurred.

SUPPORT: Give Kids a Chance Act (S. 932)

Reauthorize the Rare Pediatric Disease (RPD) Prior Review Voucher (PRV) program that has been effective in stimulating drug development to help address the unmet medical needs that exist in the pediatric rare disease community.

OPPOSE: Cuts to NIH funding

This proposal would reduce funding for the National Institutes of Health (NIH), undermining the agency’s ability to support groundbreaking biomedical research and innovation. These cuts would severely impact early-stage research efforts, limit opportunities for scientific discovery, and jeopardize the development of new treatments and cures. A reduction in NIH funding threatens the long-term health of our innovation ecosystem and the public health advancements that rely on sustained federal investment.

SUPPORT: Ensuring Pathways to Innovative Cures (EPIC) Act-H.R. 1492.

This bipartisan bill addresses the harmful" pill penalty” created by the Inflation Reduction Act (IRA). Thislegislation seeks to correct a provision of the law the disincentivizes thedevelopment of small molecule drugs—essential treatments for conditions likeheart disease, cancer and mental health disorders. Small molecules account formore than 90% of all prescriptions and two-thirds of new drug approvals yearly.

SUPPORT: SBIR & STTR Reauthorization

SBIR and STTR are set to expire in September 2025 so congress must pass legislation to extend the SBIR & STTR programs. These programs are critical in supporting our emerging growth companies and allowing vital innovations to become commercialized enhancing the United States future competitiveness.

SUPPORT: EDA’s Regional Technology & Innovation Hubs through the Chips and Science Act

Continue to fund the tech hubs program supporting the United States national and economic security through regional tech hubs including the WI Biohealth Tech Hub.

Against: Biosimilar Red Tape Elimination Act (S. 2305) and the Medication Affordability and Patent Integrity Act (S. 2780).

These bills, if enacted, would strike at the heart of America’s medical innovation sector by undermining the IP infrastructure that drives it. The Biosimilar Red Tape Elimination Act would irresponsibly deem all biosimilars as interchangeable with their reference products without the necessary evaluation by the Food and Drug Administration (FDA). Medication Affordability & Patent Integrity Act imposes burdensome new reporting requirements on biopharmaceutical companies, ostensibly to prevent the U.S. Patent and Trademark Office (USPTO) from issuing patents for "inherent" aspects of drugs.

Support: Ensuring Patient Access to Critical Breakthrough Products Act

This bipartisan legislation has now been introduced in both houses of Congress and provides for Medicare coverage of breakthrough technologies to which so many patients are in need of access. The FDA’s Breakthrough Devices Program is intended to provide patients and health care providers with timely access to emerging medical devices that provide for more effective treatment or diagnosis of life-threatening or irreversibly debilitating diseases or conditions. The FDA invites med tech innovators to seek the designation if their device meets the criteria. The accepted devices will receive prioritized FDA review. As of Sept.30, 2024, 1,029 devices have received the designation, and 124 devices have received marketing authorization.

Support: Longstanding Deduction for R&D Expenditures

BioForward once again supports restoring the longstanding deduction for R&D expenditures which was changed in 2022 to a mandatory five-year amortization for domestic R&D. This greatly impacts emerging growth companies that depend on expensing the R&D expenditure in the year incurred. (H.R.2673 S.866)

Update: The House Ways & Means Committee approved the Small Business Jobs Act (H.R. 3937), which includes language to delay retroactively through 2025 the mandatory capitalization of R&D expenses.

BioForward appreciates Senator Tammy Baldwin for co-sponsoring S.866. BioForward appreciates Representative Glenn Grothman (WI-06) for co-sponsoring H.R. 2673.

6/13. Support: Efforts by the Partnership to Fight Chronic Disease (PFCD)

BioForward supports efforts by the Partnership to Fight Chronic Disease (PFCD) and other partnered organizations to urge the Centers for Medicare and Medicaid Services (CMS) to reconsider its National Coverage Decision requiring Coverage with Evidence Development for an entire class of Alzheimer’s disease therapies.  This decision has ripple effects beyond just the Alzheimer’s community and sets a dangerous precedent for other people living with chronic conditions.

4/23. Support: Medicare Multi-Cancer Early Detection Screening Coverage Act (H.R. 2407)

Cancer is surpassing heart disease as the leading cause of death in America because we find most cancers too late. Since Medicare covers those at greatest risk for cancer – America’s seniors – the program should allow access to life-saving cancer screenings once approved by the FDA and evaluated by CMS.

This legislation would give CMS a direct path to cover multi-cancer screenings following FDA approval without compromising their administrative discretion. By passing this bill, Congress would build on a legacy of bipartisan action, having previously enacted coverage pathways for mammography, pap smears, and prostate and colorectal cancer screenings. Absent Congressional approval, Medicare coverage of MCED technologies could be unnecessarily delayed for many years following FDA approval, and the vast majority of seniors would struggle to access these screenings during that time. In addition, increasing early detection will reduce late-stage treatment costs and realize savings for Medicare and seniors, ultimately changing the long-term trajectory of cancer spending.

BioForward appreciates Representative Mark Pocan (WI-02) for co-sponsoring H.R.2407

3/23 - BioForward supports restoring the longstanding deduction for R&D expenditures

BioForward once again supports restoring the longstanding deduction for R&D expenditures which was changed in 2022 to a mandatory five-year amortization for domestic R&D. This greatly impacts emerging growth companies that depend on expensing the R&D expenditure in the year incurred. (H.R.2673 S.866)

Update: The House Ways & Means Committee approved the Small Business Jobs Act (H.R. 3937), which includes language to delay retroactively through 2025 the mandatory capitalization of R&D expenses.

BioForward appreciates Senator Tammy Baldwin for co-sponsoring S.866. BioForward appreciates Representative Glenn Grothman (WI-06) for co-sponsoring H.R. 2673.

Support: The Pandemic All Hazards Preparedness Act (PAHPA) Reauthorization Bills

PAHPA establishes measures to prepare for the next pandemic, biothreats, and public health emergencies. Existing authorities expire on Sept. 30, 2023.

Update: The Pandemic All Hazards Preparedness Act (PAHPA) reauthorization bills has moved forward with committees in the House and Senate approving their respective proposals. Incentives included in the bills will promote research into medical countermeasures (MCMs), including an extension of the MCM priority review voucher, technologies to support vaccine development and manufacturing, as well as amendments to reduce unnecessary reporting requirements for the Strategic National Stockpile and to establish a program for reviewing MCMs for emerging pathogens at the FDA.

Legislative News for Biohealth

Advocacy Insights

Stay updated with the latest advocacy news and insights. We share important developments and policy changes affecting the biohealth industry, ensuring our members are well-informed.

Economic Impact Report

Discover the remarkable growth and innovation of Wisconsin’s biohealth industry.

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Policymakers Economic Impact Kit

The information policymakers need to support a thriving industry driving Wisconsin’s economic recovery.

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Policymakers Economic Impact Kit (Federal Version)

The information policymakers need to support a thriving industry driving Wisconsin’s economic recovery.

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Supporting All Copays Count Legislation

This legislation ensures that copay assistance counts toward patients' out-of-pocket costs, preventing insurers from excluding these payments from deductibles.

Group of people standing around a table will a new signed bill.
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Advocating for Industry Growth

Legislative Activities

We actively engage in legislative advocacy to support Wisconsin's biohealth industry at both the state and federal levels. Our efforts focus on policy initiatives that foster innovation, drive economic growth, and ensure a competitive business environment. Stay informed about our current legislative activities and how we are working to influence positive change for the biohealth sector.

Group of people standing around a table will a new signed bill.

Meet the Government Affairs Committee