95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0147

 

Introduced 1/31/2007, by Sen. Deanna Demuzio

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 140/7   from Ch. 116, par. 207
305 ILCS 5/5-5.12   from Ch. 23, par. 5-5.12

    Creates the Pharmaceutical Best Price Buying Initiative Act and amends the Freedom of Information Act and the Illinois Public Aid Code. Creates the Pharmaceutical Best Price Buying Initiative Program. Requires the Department of Healthcare and Family Services to negotiate prescription drug discount agreements with drug manufacturers to provide discounts for drugs purchased by pharmacies and drug wholesalers participating in the program. Provides discount benchmarks. Provides that any drug manufacturer, and any individual or entity licensed under the Pharmacy Practice Act of 1987 or the Wholesale Drug Distribution Licensing Act, may participate in the program. Sets forth terms that must be included in the agreements, including provisions for rebates to participating pharmacies and drug wholesalers. Requires the Department to establish the procedures and enabling mechanisms for a program participant to obtain rebates from a prescription drug manufacturer. Provides for confidentiality of information in connection with negotiations and agreements. Provides that on August 1, 2010, the Department shall determine whether manufacturer participation in the program has been sufficient to meet certain benchmarks. Provides for a prior authorization requirement under Medicaid with respect to drugs of a manufacturer under certain conditions. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0147 LRB095 04329 DRJ 27146 b

1     AN ACT concerning State government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the
5 Pharmaceutical Best Price Buying Initiative Act.
 
6     Section 5. Definitions. In this Act:
7     "Average manufacturer's price" has the meaning given to the
8 term in Section 1927(k)(1) of the Social Security Act (42
9 U.S.C. 1396r-8(k)(1)).
10     "Department" means the Department of Healthcare and Family
11 Services.
12     "Designated retirement systems" means:
13         (1) the State Employees' Retirement System of
14     Illinois;
15         (2) the Teachers' Retirement System of the State of
16     Illinois;
17         (3) the State Universities Retirement System;
18         (4) the Judges Retirement System of Illinois; and
19         (5) the General Assembly Retirement System.
20     "Manufacturer" means any individual or entity engaged in
21 the manufacturing, preparing, propagating, compounding,
22 processing, packaging, repackaging, or labeling of a
23 prescription drug.

 

 

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1     "Medicaid best price" has the meaning given to the term in
2 Section 1927(c)(1)(C) of the Social Security Act (42 U.S.C.
3 1396r-8(c)(1)(C))
4     "Multiple-source drug" has the meaning given to the term in
5 Section 1927(k)(7) of the Social Security Act (42 U.S.C.
6 1396r-8(k)(7)).
7     "National sales data" means prescription data obtained
8 from a national-level prescription tracking service.
9     "Prescription drug" means any drug that bears the legend:
10 "Caution: federal law prohibits dispensing without
11 prescription", "Rx only", or words of similar import.
12     "Program" means the Pharmaceutical Best Price Buying
13 Initiative Program created under this Act.
14     "Program participant" means any individual, partnership,
15 association, corporation, or other entity licensed under the
16 Pharmacy Practice Act of 1987 or the Wholesale Drug
17 Distribution Licensing Act that choose to participate in the
18 program.
19     "Single-source drug" has the meaning given to the term in
20 Section 1927(k)(7) of the Social Security Act (42 U.S.C.
21 1396r-8(k)(7)).
22     "Volume-weighted average discount" means the aggregated
23 average discount for the drugs of a manufacturer, weighted by
24 each drug's percentage of the total prescription volume of that
25 manufacturer's drugs. Drugs excluded from contracting by the
26 Department, pursuant to and in a manner consistent with this

 

 

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1 Act, shall be excluded from the calculation of the
2 volume-weighted average discount. National sales data shall be
3 used to calculate the volume-weighted average discount
4 pursuant to Section 10. Program utilization data shall be used
5 to calculate the volume-weighted average discount pursuant to
6 Section 15.
 
7     Section 10. Pharmaceutical Best Price Buying Initiative
8 Program.
9     (a) The Pharmaceutical Best Price Buying Initiative
10 Program is created. Under the program, the Department shall
11 negotiate prescription drug discount agreements with
12 manufacturers to provide discounts for single-source and
13 multiple-source prescription drugs purchased by program
14 participants. The Department shall attempt to negotiate the
15 maximum possible prescription drug discount, which discount
16 shall be available to all program participants.
17     (b) The Department shall attempt to negotiate, with each
18 manufacturer, discounts to offer single-source prescription
19 drugs under the program at a volume-weighted average discount
20 that is equal to or below any one of the following benchmark
21 prices:
22         (1) Eighty-five percent of the average manufacturer
23     price for a drug, as published by the Centers for Medicare
24     and Medicaid Services.
25         (2) The lowest price provided to any nonpublic entity

 

 

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1     in the State by a manufacturer to the extent that the
2     Medicaid best price exists under federal law.
3         (3) The Medicaid best price, to the extent that this
4     price exists under federal law.
5     (c) The Department may require a manufacturer to provide
6 information that is reasonably necessary for the Department to
7 carry out the provisions of this Act.
8     (d) The Department shall pursue manufacturer discount
9 agreements to ensure that the number and type of drugs
10 available through the program is sufficient to give program
11 participants a prescription drug formulary comparable to the
12 State Medicaid Plan list of contract drugs or, if this
13 information is available to the Department, a prescription drug
14 formulary that is comparable to that provided to enrollees in
15 any of the designated retirement systems.
16     (e) To obtain the most favorable discounts, the Department
17 may limit the number of drugs available through the program.
18     (f) The drug discount agreements negotiated pursuant to
19 this Section shall be used to reduce the cost of drugs
20 purchased by program participants.
21     (g) Except as otherwise provided in Section 35, all
22 information reported by a manufacturer to the Department, and
23 all information concerning a manufacturer's negotiations with
24 and agreements executed with the Department, pursuant to this
25 Section shall be considered confidential and corporate
26 proprietary information. This information is not subject to

 

 

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1 disclosure under the Freedom of Information Act. The Auditor
2 General may use this information only to investigate or audit
3 the administration of the program. Neither the Auditor General
4 nor the Department may disclose this information in a form that
5 identifies (i) a specific manufacturer or (ii) prices charged
6 for drugs of a specific manufacturer. Information provided to
7 the Department pursuant to this Act shall not be affected by
8 the confidentiality protections established by this subsection
9 (g).
10     (h) Any manufacturer, and any individual or entity licensed
11 under the Pharmacy Practice Act of 1987 or the Wholesale Drug
12 Distribution Licensing Act, may participate in the program. The
13 Department shall maintain a list of all manufacturers with
14 which it has entered into agreements under this Act and all
15 program participants.
16     (i) The Department may adopt any rules necessary for
17 implementing and administering the program.
 
18     Section 15. Terms of prescription drug discount
19 agreements.
20     (a) Each prescription drug discount agreement entered into
21 between the Department and a manufacturer under this Act shall
22 do all of the following:
23         (1) Specify which of the manufacturer's drugs are
24     included in the agreement.
25         (2) Permit the Department to remove a drug from the

 

 

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1     agreement if there is a dispute over the drug's
2     utilization.
3         (3) Permit a manufacturer to audit claims for the drugs
4     the manufacturer provides under the program.
5     (b) In addition to the requirements of subsection (a), each
6 prescription drug discount agreement with a single-source
7 manufacturer shall do all of the following:
8         (1) Require the manufacturer to make a rebate payment
9     to a program participant for each drug described in
10     paragraph (1) of subsection (a) sold to a program
11     participant, upon the participant's submission of an
12     invoice to the manufacturer in the form and manner provided
13     for in the agreement.
14         (2) Require the manufacturer to make rebate payments to
15     program participants on at least a quarterly basis.
16         (3) Require the manufacturer to provide, upon request,
17     documentation to validate the rebate.
18     (c) A prescription drug discount agreement may provide for
19 prospective rebates from single-source manufacturers to
20 program participants. The amount of the prospective rebate
21 shall be specified in the agreement.
22     (d) A manufacturer shall calculate and pay interest on late
23 or unpaid rebates. The interest shall not apply to any
24 prior-period adjustments of unit rebate amounts. For rebate
25 payments under the program, manufacturers shall calculate and
26 pay interest on late or unpaid rebates for quarters that begin

 

 

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1 on or after July 1, 2007.
2     (e) Interest required by subsection (d) shall begin
3 accruing 38 calendar days after the date that a program
4 participant mails an invoice to the manufacturer, including
5 supporting utilization data sent to the manufacturer. Interest
6 shall continue to accrue until the date the manufacturer mails
7 the rebate payment. For purposes of this Section, interest
8 shall be calculated at a rate of 10% per annum.
 
9     Section 20. Manufacturer rebates to program participants.
10 The Department shall adopt rules establishing the procedures
11 and enabling mechanisms for a program participant to obtain
12 rebates from a prescription drug manufacturer according to the
13 terms of the prescription drug discount agreement negotiated by
14 the Department with that manufacturer. The procedures and
15 enabling mechanisms shall enable a program participant to
16 receive a rebate directly from the manufacture and in a timely
17 manner. As used in this Section, "in a timely manner" means
18 within 30 days after the program participant submits "Proof of
19 Service" documentation to the manufacturer in accordance with
20 the rules.
 
21     Section 25. Program assessment.
22     (a) On August 1, 2010, the Department shall determine
23 whether manufacturer participation in the program has been
24 sufficient to meet both of the following benchmarks:

 

 

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1         (1) The number and type of prescription drugs available
2     through the program are sufficient to give program
3     participants a prescription drug formulary comparable to
4     the State Medicaid Plan list of contract drugs or, if this
5     information is available to the Department, a prescription
6     drug formulary comparable to that provided to enrollees in
7     any of the designated retirement systems.
8         (2) The volume-weighted average discount of
9     single-source prescription drugs offered pursuant to the
10     program is equal to or below any one of the benchmark
11     prices described in subsection (a) of Section 10.
12     (b) On and after August 10, 2010, the Department shall
13 reassess program outcomes, at least once every year, consistent
14 with the benchmarks described in subsection (a).
 
15     Section 30. Prior approval.
16     (a) The Department may require prior approval under the
17 medical assistance program under Article V of the Illinois
18 Public Aid Code for any prescription drug of a manufacturer if
19 the manufacturer fails to agree to a volume-weighted average
20 discount for single-source prescription drugs that is equal to
21 or below any one of the benchmark prices described in
22 subsection (a) of Section 10 and only to the extent that this
23 requirement does not increase costs to the medical assistance
24 program, as determined pursuant to subsection (c) of this
25 Section. This Section does not apply, however, to any drug

 

 

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1 described in subsection (d) of Section 5-5.12 of the Illinois
2 Public Aid Code.
3     (b) If prior approval is required for a prescription drug
4 pursuant to this Section, a recipient of medical assistance
5 under Article V of the Illinois Public Aid Code shall not be
6 denied the continued use of a drug that is part of a prescribed
7 therapy until that drug is no longer prescribed for that
8 recipient's therapy. The Department shall approve or deny
9 requests for prior approval necessitated by this Section as
10 required by State or federal law.
11     (c) The Department, in consultation with the Department of
12 Central Management Services, shall determine the fiscal impact
13 of placing a drug on prior approval status pursuant to this
14 Section. In making this determination, the Department shall
15 consider all of the following:
16         (1) The net cost of the drug, including any rebates
17     that would be lost if the drug is placed on prior approval
18     status.
19         (2) The projected volume of purchases of the drug,
20     before and after the drug is placed on prior approval
21     status, considering the continuity of care provisions set
22     forth in subsection (b).
23         (3) The net cost of comparable drugs to which volume
24     would be shifted if a drug is placed on prior approval
25     status, including any additional rebates that would be
26     received.

 

 

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1         (4) The projected volume of purchases of comparable
2     drugs, before and after the drug is placed on prior
3     approval status.
4         (5) Any other factors determined by the Department to
5     be relevant to a determination of the fiscal impact of
6     placing a drug on prior approval status.
7     (d) This Section shall be implemented only to the extent
8 permitted under federal law, and in a manner consistent with
9 State and federal laws.
10     (e) This Section may apply to any manufacturer that has not
11 negotiated a prescription drug discount agreement with the
12 Department.
13     (f) The Department shall notify the Speaker of the House of
14 Representatives and the President of the Senate that the
15 Department is requiring prior approval no later than 5 days
16 after imposing such a requirement.
17     (g) This Section shall become operative on August 1, 2010,
18 except that this Section shall become operative on that date
19 only if the Department determines that participation by
20 manufacturers has been insufficient to meet both of the
21 benchmarks identified in subsection (a) of Section 25.
 
22     Section 35. Names of manufacturers public information. The
23 names of manufacturers of single-source drugs that do or do not
24 enter into prescription drug discount agreements with the
25 Department under this Act shall be public information and shall

 

 

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1 be posted on the Department's Internet Web site when the
2 discount agreements are reached or the manufacturer ends
3 negotiations, commencing within 6 months after the initial
4 implementation date of this Act and updated on the first day of
5 each month thereafter.
 
6     Section 90. The Freedom of Information Act is amended by
7 changing Section 7 as follows:
 
8     (5 ILCS 140/7)  (from Ch. 116, par. 207)
9     Sec. 7. Exemptions.
10     (1) The following shall be exempt from inspection and
11 copying:
12         (a) Information specifically prohibited from
13     disclosure by federal or State law or rules and regulations
14     adopted under federal or State law.
15         (b) Information that, if disclosed, would constitute a
16     clearly unwarranted invasion of personal privacy, unless
17     the disclosure is consented to in writing by the individual
18     subjects of the information. The disclosure of information
19     that bears on the public duties of public employees and
20     officials shall not be considered an invasion of personal
21     privacy. Information exempted under this subsection (b)
22     shall include but is not limited to:
23             (i) files and personal information maintained with
24         respect to clients, patients, residents, students or

 

 

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1         other individuals receiving social, medical,
2         educational, vocational, financial, supervisory or
3         custodial care or services directly or indirectly from
4         federal agencies or public bodies;
5             (ii) personnel files and personal information
6         maintained with respect to employees, appointees or
7         elected officials of any public body or applicants for
8         those positions;
9             (iii) files and personal information maintained
10         with respect to any applicant, registrant or licensee
11         by any public body cooperating with or engaged in
12         professional or occupational registration, licensure
13         or discipline;
14             (iv) information required of any taxpayer in
15         connection with the assessment or collection of any tax
16         unless disclosure is otherwise required by State
17         statute;
18             (v) information revealing the identity of persons
19         who file complaints with or provide information to
20         administrative, investigative, law enforcement or
21         penal agencies; provided, however, that identification
22         of witnesses to traffic accidents, traffic accident
23         reports, and rescue reports may be provided by agencies
24         of local government, except in a case for which a
25         criminal investigation is ongoing, without
26         constituting a clearly unwarranted per se invasion of

 

 

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1         personal privacy under this subsection; and
2             (vi) the names, addresses, or other personal
3         information of participants and registrants in park
4         district, forest preserve district, and conservation
5         district programs.
6         (c) Records compiled by any public body for
7     administrative enforcement proceedings and any law
8     enforcement or correctional agency for law enforcement
9     purposes or for internal matters of a public body, but only
10     to the extent that disclosure would:
11             (i) interfere with pending or actually and
12         reasonably contemplated law enforcement proceedings
13         conducted by any law enforcement or correctional
14         agency;
15             (ii) interfere with pending administrative
16         enforcement proceedings conducted by any public body;
17             (iii) deprive a person of a fair trial or an
18         impartial hearing;
19             (iv) unavoidably disclose the identity of a
20         confidential source or confidential information
21         furnished only by the confidential source;
22             (v) disclose unique or specialized investigative
23         techniques other than those generally used and known or
24         disclose internal documents of correctional agencies
25         related to detection, observation or investigation of
26         incidents of crime or misconduct;

 

 

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1             (vi) constitute an invasion of personal privacy
2         under subsection (b) of this Section;
3             (vii) endanger the life or physical safety of law
4         enforcement personnel or any other person; or
5             (viii) obstruct an ongoing criminal investigation.
6         (d) Criminal history record information maintained by
7     State or local criminal justice agencies, except the
8     following which shall be open for public inspection and
9     copying:
10             (i) chronologically maintained arrest information,
11         such as traditional arrest logs or blotters;
12             (ii) the name of a person in the custody of a law
13         enforcement agency and the charges for which that
14         person is being held;
15             (iii) court records that are public;
16             (iv) records that are otherwise available under
17         State or local law; or
18             (v) records in which the requesting party is the
19         individual identified, except as provided under part
20         (vii) of paragraph (c) of subsection (1) of this
21         Section.
22         "Criminal history record information" means data
23     identifiable to an individual and consisting of
24     descriptions or notations of arrests, detentions,
25     indictments, informations, pre-trial proceedings, trials,
26     or other formal events in the criminal justice system or

 

 

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1     descriptions or notations of criminal charges (including
2     criminal violations of local municipal ordinances) and the
3     nature of any disposition arising therefrom, including
4     sentencing, court or correctional supervision,
5     rehabilitation and release. The term does not apply to
6     statistical records and reports in which individuals are
7     not identified and from which their identities are not
8     ascertainable, or to information that is for criminal
9     investigative or intelligence purposes.
10         (e) Records that relate to or affect the security of
11     correctional institutions and detention facilities.
12         (f) Preliminary drafts, notes, recommendations,
13     memoranda and other records in which opinions are
14     expressed, or policies or actions are formulated, except
15     that a specific record or relevant portion of a record
16     shall not be exempt when the record is publicly cited and
17     identified by the head of the public body. The exemption
18     provided in this paragraph (f) extends to all those records
19     of officers and agencies of the General Assembly that
20     pertain to the preparation of legislative documents.
21         (g) Trade secrets and commercial or financial
22     information obtained from a person or business where the
23     trade secrets or information are proprietary, privileged
24     or confidential, or where disclosure of the trade secrets
25     or information may cause competitive harm, including:
26             (i) All information determined to be confidential

 

 

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1         under Section 4002 of the Technology Advancement and
2         Development Act.
3             (ii) All trade secrets and commercial or financial
4         information obtained by a public body, including a
5         public pension fund, from a private equity fund or a
6         privately held company within the investment portfolio
7         of a private equity fund as a result of either
8         investing or evaluating a potential investment of
9         public funds in a private equity fund. The exemption
10         contained in this item does not apply to the aggregate
11         financial performance information of a private equity
12         fund, nor to the identity of the fund's managers or
13         general partners. The exemption contained in this item
14         does not apply to the identity of a privately held
15         company within the investment portfolio of a private
16         equity fund, unless the disclosure of the identity of a
17         privately held company may cause competitive harm.
18     Nothing contained in this paragraph (g) shall be construed
19 to prevent a person or business from consenting to disclosure.
20         (h) Proposals and bids for any contract, grant, or
21     agreement, including information which if it were
22     disclosed would frustrate procurement or give an advantage
23     to any person proposing to enter into a contractor
24     agreement with the body, until an award or final selection
25     is made. Information prepared by or for the body in
26     preparation of a bid solicitation shall be exempt until an

 

 

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1     award or final selection is made.
2         (i) Valuable formulae, computer geographic systems,
3     designs, drawings and research data obtained or produced by
4     any public body when disclosure could reasonably be
5     expected to produce private gain or public loss. The
6     exemption for "computer geographic systems" provided in
7     this paragraph (i) does not extend to requests made by news
8     media as defined in Section 2 of this Act when the
9     requested information is not otherwise exempt and the only
10     purpose of the request is to access and disseminate
11     information regarding the health, safety, welfare, or
12     legal rights of the general public.
13         (j) Test questions, scoring keys and other examination
14     data used to administer an academic examination or
15     determined the qualifications of an applicant for a license
16     or employment.
17         (k) Architects' plans, engineers' technical
18     submissions, and other construction related technical
19     documents for projects not constructed or developed in
20     whole or in part with public funds and the same for
21     projects constructed or developed with public funds, but
22     only to the extent that disclosure would compromise
23     security, including but not limited to water treatment
24     facilities, airport facilities, sport stadiums, convention
25     centers, and all government owned, operated, or occupied
26     buildings.

 

 

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1         (l) Library circulation and order records identifying
2     library users with specific materials.
3         (m) Minutes of meetings of public bodies closed to the
4     public as provided in the Open Meetings Act until the
5     public body makes the minutes available to the public under
6     Section 2.06 of the Open Meetings Act.
7         (n) Communications between a public body and an
8     attorney or auditor representing the public body that would
9     not be subject to discovery in litigation, and materials
10     prepared or compiled by or for a public body in
11     anticipation of a criminal, civil or administrative
12     proceeding upon the request of an attorney advising the
13     public body, and materials prepared or compiled with
14     respect to internal audits of public bodies.
15         (o) Information received by a primary or secondary
16     school, college or university under its procedures for the
17     evaluation of faculty members by their academic peers.
18         (p) Administrative or technical information associated
19     with automated data processing operations, including but
20     not limited to software, operating protocols, computer
21     program abstracts, file layouts, source listings, object
22     modules, load modules, user guides, documentation
23     pertaining to all logical and physical design of
24     computerized systems, employee manuals, and any other
25     information that, if disclosed, would jeopardize the
26     security of the system or its data or the security of

 

 

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1     materials exempt under this Section.
2         (q) Documents or materials relating to collective
3     negotiating matters between public bodies and their
4     employees or representatives, except that any final
5     contract or agreement shall be subject to inspection and
6     copying.
7         (r) Drafts, notes, recommendations and memoranda
8     pertaining to the financing and marketing transactions of
9     the public body. The records of ownership, registration,
10     transfer, and exchange of municipal debt obligations, and
11     of persons to whom payment with respect to these
12     obligations is made.
13         (s) The records, documents and information relating to
14     real estate purchase negotiations until those negotiations
15     have been completed or otherwise terminated. With regard to
16     a parcel involved in a pending or actually and reasonably
17     contemplated eminent domain proceeding under the Eminent
18     Domain Act, records, documents and information relating to
19     that parcel shall be exempt except as may be allowed under
20     discovery rules adopted by the Illinois Supreme Court. The
21     records, documents and information relating to a real
22     estate sale shall be exempt until a sale is consummated.
23         (t) Any and all proprietary information and records
24     related to the operation of an intergovernmental risk
25     management association or self-insurance pool or jointly
26     self-administered health and accident cooperative or pool.

 

 

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1         (u) Information concerning a university's adjudication
2     of student or employee grievance or disciplinary cases, to
3     the extent that disclosure would reveal the identity of the
4     student or employee and information concerning any public
5     body's adjudication of student or employee grievances or
6     disciplinary cases, except for the final outcome of the
7     cases.
8         (v) Course materials or research materials used by
9     faculty members.
10         (w) Information related solely to the internal
11     personnel rules and practices of a public body.
12         (x) Information contained in or related to
13     examination, operating, or condition reports prepared by,
14     on behalf of, or for the use of a public body responsible
15     for the regulation or supervision of financial
16     institutions or insurance companies, unless disclosure is
17     otherwise required by State law.
18         (y) Information the disclosure of which is restricted
19     under Section 5-108 of the Public Utilities Act.
20         (z) Manuals or instruction to staff that relate to
21     establishment or collection of liability for any State tax
22     or that relate to investigations by a public body to
23     determine violation of any criminal law.
24         (aa) Applications, related documents, and medical
25     records received by the Experimental Organ Transplantation
26     Procedures Board and any and all documents or other records

 

 

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1     prepared by the Experimental Organ Transplantation
2     Procedures Board or its staff relating to applications it
3     has received.
4         (bb) Insurance or self insurance (including any
5     intergovernmental risk management association or self
6     insurance pool) claims, loss or risk management
7     information, records, data, advice or communications.
8         (cc) Information and records held by the Department of
9     Public Health and its authorized representatives relating
10     to known or suspected cases of sexually transmissible
11     disease or any information the disclosure of which is
12     restricted under the Illinois Sexually Transmissible
13     Disease Control Act.
14         (dd) Information the disclosure of which is exempted
15     under Section 30 of the Radon Industry Licensing Act.
16         (ee) Firm performance evaluations under Section 55 of
17     the Architectural, Engineering, and Land Surveying
18     Qualifications Based Selection Act.
19         (ff) Security portions of system safety program plans,
20     investigation reports, surveys, schedules, lists, data, or
21     information compiled, collected, or prepared by or for the
22     Regional Transportation Authority under Section 2.11 of
23     the Regional Transportation Authority Act or the St. Clair
24     County Transit District under the Bi-State Transit Safety
25     Act.
26         (gg) Information the disclosure of which is restricted

 

 

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1     and exempted under Section 50 of the Illinois Prepaid
2     Tuition Act.
3         (hh) Information the disclosure of which is exempted
4     under the State Officials and Employees Ethics Act.
5         (ii) Beginning July 1, 1999, information that would
6     disclose or might lead to the disclosure of secret or
7     confidential information, codes, algorithms, programs, or
8     private keys intended to be used to create electronic or
9     digital signatures under the Electronic Commerce Security
10     Act.
11         (jj) Information contained in a local emergency energy
12     plan submitted to a municipality in accordance with a local
13     emergency energy plan ordinance that is adopted under
14     Section 11-21.5-5 of the Illinois Municipal Code.
15         (kk) Information and data concerning the distribution
16     of surcharge moneys collected and remitted by wireless
17     carriers under the Wireless Emergency Telephone Safety
18     Act.
19         (ll) Vulnerability assessments, security measures, and
20     response policies or plans that are designed to identify,
21     prevent, or respond to potential attacks upon a community's
22     population or systems, facilities, or installations, the
23     destruction or contamination of which would constitute a
24     clear and present danger to the health or safety of the
25     community, but only to the extent that disclosure could
26     reasonably be expected to jeopardize the effectiveness of

 

 

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1     the measures or the safety of the personnel who implement
2     them or the public. Information exempt under this item may
3     include such things as details pertaining to the
4     mobilization or deployment of personnel or equipment, to
5     the operation of communication systems or protocols, or to
6     tactical operations.
7         (mm) Maps and other records regarding the location or
8     security of a utility's generation, transmission,
9     distribution, storage, gathering, treatment, or switching
10     facilities.
11         (nn) Law enforcement officer identification
12     information or driver identification information compiled
13     by a law enforcement agency or the Department of
14     Transportation under Section 11-212 of the Illinois
15     Vehicle Code.
16         (oo) Records and information provided to a residential
17     health care facility resident sexual assault and death
18     review team or the Executive Council under the Abuse
19     Prevention Review Team Act.
20         (pp) Information provided to the predatory lending
21     database created pursuant to Article 3 of the Residential
22     Real Property Disclosure Act, except to the extent
23     authorized under that Article.
24         (qq) Defense budgets and petitions for certification
25     of compensation and expenses for court appointed trial
26     counsel as provided under Sections 10 and 15 of the Capital

 

 

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1     Crimes Litigation Act. This subsection (qq) shall apply
2     until the conclusion of the trial of the case, even if the
3     prosecution chooses not to pursue the death penalty prior
4     to trial or sentencing.
5         (rr) Information concerning prescription drug discount
6     agreements entered into under the Pharmaceutical Best
7     Price Buying Initiative Act or negotiations with respect to
8     such agreements, as provided in subsection (g) of Section
9     10 of that Act.
10     (2) This Section does not authorize withholding of
11 information or limit the availability of records to the public,
12 except as stated in this Section or otherwise provided in this
13 Act.
14 (Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237,
15 eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03;
16 93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff.
17 1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; 94-931, eff.
18 6-26-06; 94-953, eff. 6-27-06; 94-1055, eff. 1-1-07; revised
19 8-3-06.)
 
20     Section 92. The Illinois Public Aid Code is amended by
21 changing Section 5-5.12 as follows:
 
22     (305 ILCS 5/5-5.12)  (from Ch. 23, par. 5-5.12)
23     Sec. 5-5.12. Pharmacy payments.
24     (a) Every request submitted by a pharmacy for reimbursement

 

 

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1 under this Article for prescription drugs provided to a
2 recipient of aid under this Article shall include the name of
3 the prescriber or an acceptable identification number as
4 established by the Department.
5     (b) Pharmacies providing prescription drugs under this
6 Article shall be reimbursed at a rate which shall include a
7 professional dispensing fee as determined by the Illinois
8 Department, plus the current acquisition cost of the
9 prescription drug dispensed. The Illinois Department shall
10 update its information on the acquisition costs of all
11 prescription drugs no less frequently than every 30 days.
12 However, the Illinois Department may set the rate of
13 reimbursement for the acquisition cost, by rule, at a
14 percentage of the current average wholesale acquisition cost.
15     (c) (Blank).
16     (d) The Department shall not impose requirements for prior
17 approval based on a preferred drug list for anti-retroviral,
18 anti-hemophilic factor concentrates, or any atypical
19 antipsychotics, conventional antipsychotics, or
20 anticonvulsants used for the treatment of serious mental
21 illnesses until 30 days after it has conducted a study of the
22 impact of such requirements on patient care and submitted a
23 report to the Speaker of the House of Representatives and the
24 President of the Senate. The Department may impose requirements
25 for prior approval as provided in Section 30 of the
26 Pharmaceutical Best Price Buying Initiative Act.

 

 

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1 (Source: P.A. 93-106, eff. 7-8-03; 94-48, eff. 7-1-05.)
 
2     Section 99. Effective date. This Act takes effect upon
3 becoming law.