093_HB0244 LRB093 02637 DRJ 02647 b 1 AN ACT in relation to public aid. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Public Aid Code is amended by 5 changing Section 11-26.1 and adding Section 12-4.25d as 6 follows: 7 (305 ILCS 5/11-26.1) (from Ch. 23, par. 11-26.1) 8 Sec. 11-26.1. Drug Utilization Review. 9 (a) The Illinois Department shall, within the time 10 frames mandated by federal law, implement a Drug Utilization 11 Review Program (DUR), designed to decrease overutilization of 12 drugs through both prospective and retrospective utilization 13 review. The Illinois Department shall determine the content 14 of the DUR by rule. Prescriptions filled or refilled under 15 subsection (b) of Section 12-4.25d are not subject to the 16 DUR. 17 (b) The Illinois Department may implement this Section 18 as added by this amendatory Act of 1991 through the use of 19 emergency rules in accordance with the provisions of Section 20 5.02 of the Illinois Administrative Procedure Act. For 21 purposes of the Illinois Administrative Procedure Act, the 22 adoption of rules to implement this Section as added by this 23 amendatory Act of 1991 shall be deemed an emergency and 24 necessary for the public interest, safety and welfare. 25 (Source: P.A. 87-14.) 26 (305 ILCS 5/12-4.25d new) 27 Sec. 12-4.25d. Pharmacy participation in Medicaid 28 program; prescription drug discount benefit. 29 (a) A pharmacy must comply with subsection (b) as a 30 condition of participation in the medical assistance program -2- LRB093 02637 DRJ 02647 b 1 under Article V. 2 (b) If a person requests that a pharmacy fill or refill 3 a valid prescription for a prescription drug and also 4 presents the pharmacy with satisfactory proof that the person 5 for whom the prescription is written is a Medicare 6 beneficiary or a beneficiary of pharmaceutical assistance 7 under the Senior Citizens and Disabled Persons Property Tax 8 Relief and Pharmaceutical Assistance Act, the pharmacy may 9 not charge a price for filling or refilling the prescription 10 that exceeds the sum of the following: 11 (1) The pharmacy's reimbursement rate for the 12 prescription drug established by the Department of Public 13 Aid and applicable to prescriptions filled or refilled 14 for recipients of medical assistance under Article V. 15 (2) An amount set by the of Department of Public 16 Aid to cover the pharmacy's costs relating to the sending 17 or receipt of electronic transmissions between the 18 pharmacy and the Department concerning reimbursement 19 rates described under paragraph (1). 20 The price restrictions described in this subsection do 21 not apply to non-prescription or over-the-counter medications 22 or to compounded prescriptions as defined in the Pharmacy 23 Practice Act of 1987. 24 (c) The Department of Public Aid shall establish a 25 mechanism to calculate and transmit to pharmacies the maximum 26 prices that the pharmacies may charge for filling and 27 refilling prescriptions for prescription drugs under 28 subsection (b). 29 (d) Prescriptions filled or refilled under subsection 30 (b) are not subject to the Department of Public Aid's Drug 31 Utilization Review Program under Section 11-26.1. 32 (e) The Department of Public Aid shall monitor 33 pharmacies' compliance with this Section and shall submit a 34 report concerning that compliance to the General Assembly by -3- LRB093 02637 DRJ 02647 b 1 April 1 of each year. The report shall include, but need not 2 be limited to, information concerning pharmacies that 3 discontinue their participation in the medical assistance 4 program under Article V and the reasons given by those 5 pharmacies for discontinuing their participation. 6 (f) The Department of Public Aid shall conduct a study 7 of its pharmacy reimbursement rates under Article V, 8 including the cost of providing prescription drugs and 9 services. The Department shall report its findings to the 10 General Assembly by January 1, 2005. 11 (g) The Department of Public Aid shall provide consumer 12 information to all Medicare beneficiaries who reside in this 13 State and to all beneficiaries of pharmaceutical assistance 14 under the Senior Citizens and Disabled Persons Property Tax 15 Relief and Pharmaceutical Assistance Act. The information 16 must include a description of the prescription drug discount 17 benefit available under subsection (b), instructions for 18 obtaining the benefit, and prescription drug price 19 information to ensure that prescription drug discount 20 beneficiaries are aware of the maximum prices that pharmacies 21 may charge for prescription drugs under subsection (b). The 22 Department shall provide this information by appropriate 23 means, including the Internet. 24 (h) The Department of Public Aid shall execute 25 interagency agreements with the Department on Aging and the 26 Department of Revenue as necessary to implement subsection 27 (g). The agreements shall include provisions for assisting 28 persons entitled to the prescription drug discount benefit 29 under subsection (b) in obtaining that benefit. 30 (i) If coverage of prescription drugs is added to the 31 benefits available under the Medicare program, the Department 32 of Public Aid shall promptly report that fact to the General 33 Assembly. It is the General Assembly's intent that under 34 those circumstances the General Assembly shall evaluate the -4- LRB093 02637 DRJ 02647 b 1 continued implementation of this Section. 2 (j) This Section is repealed on July 1, 2007.