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92_SB2098sam001
LRB9215761SMdvam02
1 AMENDMENT TO SENATE BILL 2098
2 AMENDMENT NO. . Amend Senate Bill 2098 on page 1,
3 below line 5, by inserting the following:
4 "Section 5. Findings. The General Assembly finds:
5 (1) Senior citizens identify pharmaceutical assistance
6 as the single most critical factor to their health,
7 well-being, and continued independence.
8 (2) The State of Illinois currently operates 2
9 pharmaceutical assistance programs that benefit seniors: (i)
10 the program of pharmaceutical assistance under the Senior
11 Citizens and Disabled Persons Property Tax Relief and
12 Pharmaceutical Assistance Act and (ii) the Aid to the Aged,
13 Blind, or Disabled program under the Illinois Public Aid
14 Code. The State has been given authority to establish a third
15 program, SeniorRx Care, through a federal Medicaid waiver.
16 (3) Each year, numerous pieces of legislation are filed
17 seeking to establish additional pharmaceutical assistance
18 benefits for seniors or to make changes to the existing
19 programs.
20 (4) Establishment of a pharmaceutical assistance review
21 committee will ensure proper coordination of benefits,
22 diminish the likelihood of duplicative benefits, and ensure
23 that the best interests of seniors are served.
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1 (5) In addition to the State pharmaceutical assistance
2 programs, several private entities, such a drug manufacturers
3 and pharmacies, also offer prescription drug discount or
4 coverage programs.
5 (6) Many seniors are unaware of the myriad of public and
6 private programs available to them.
7 (7) Establishing a pharmaceutical clearinghouse with a
8 toll-free hot-line and local outreach workers will educate
9 seniors about the vast array of options available to them and
10 enable seniors to make an educated and informed choice that
11 is best for them.
12 (8) Estimates indicate that almost one-third of senior
13 citizens lack prescription drug coverage. The federal
14 government, states, and the pharmaceutical industry each have
15 a role in helping these uninsured seniors gain access to
16 life-saving medications.
17 (9) The State of Illinois has recognized its obligation
18 to assist Illinois' neediest seniors in purchasing
19 prescription medications, and it is now time for
20 pharmaceutical manufacturers to recognize their obligation to
21 make their medications affordable to seniors.
22 Section 10. Definitions. In this Act:
23 "Manufacturer" includes:
24 (1) An entity that is engaged in (a) the production,
25 preparation, propagation, compounding, conversion, or
26 processing of prescription drug products (i) directly or
27 indirectly by extraction from substances of natural origin,
28 (ii) independently by means of chemical synthesis, or (iii)
29 by combination of extraction and chemical synthesis; or (b)
30 the packaging, repackaging, labeling or re-labeling, or
31 distribution of prescription drug products.
32 (2) The entity holding legal title to or possession of
33 the national drug code number for the covered prescription
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1 drug.
2 The term does not include a wholesale distributor of
3 drugs, drugstore chain organization, or retail pharmacy
4 licensed by the State.
5 "Prescription drug" means a drug that may be dispensed
6 only upon prescription by an authorized prescriber and that
7 is approved for safety and effectiveness as a prescription
8 drug under Section 505 or 507 of the Federal Food, Drug and
9 Cosmetic Act.
10 "Senior citizen" or "senior" means a person 65 years of
11 age or older.
12 Section 15. Senior Pharmaceutical Assistance Review
13 Committee.
14 (a) The Senior Pharmaceutical Assistance Review
15 Committee is created. The Committee shall consist of 17
16 members as follows:
17 (1) Twelve members appointed as follows: 2 members
18 of the General Assembly and 1 member of the general
19 public, appointed by the President of the Senate; 2
20 members of the General Assembly and 1 member of the
21 general public, appointed by the Minority Leader of the
22 Senate; 2 members of the General Assembly and 1 member of
23 the general public, appointed by the Speaker of the House
24 of Representatives; and 2 members of the General Assembly
25 and 1 member of the general public, appointed by the
26 Minority Leader of the House of Representatives. These
27 members shall serve at the pleasure of the appointing
28 authority.
29 (2) The Director of Aging or his or her designee.
30 (3) The Director of Revenue or his or her designee.
31 (4) The Director of Public Aid or his or her
32 designee.
33 (5) The Secretary of Human Services or his or her
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1 designee.
2 (6) The Director of Public Health or his or her
3 designee.
4 (b) Members appointed from the general public shall
5 represent the following associations, organizations, and
6 interests: statewide membership-based senior advocacy
7 organizations, pharmaceutical manufacturers, pharmacists,
8 dispensing pharmacies, physicians, and providers of services
9 to senior citizens. No single organization may have more
10 than one representative appointed as a member from the
11 general public.
12 (c) The President of the Senate and Speaker of the House
13 of Representatives shall each designate one member of the
14 Committee to serve as co-chairs.
15 (d) Committee members shall serve without compensation
16 or reimbursement for expenses.
17 (e) The Committee shall meet at the call of the
18 co-chairs, but at least quarterly.
19 (f) The Committee may conduct public hearings to gather
20 testimony from interested parties regarding pharmaceutical
21 assistance for Illinois seniors, including changes to
22 existing and proposed programs.
23 (g) The Committee may advise appropriate State agencies
24 regarding the establishment of proposed programs or changes
25 to existing programs. The State agencies shall take into
26 consideration any recommendations made by the Committee.
27 (h) The Committee shall report to the General Assembly
28 and the Governor annually or as it deems necessary regarding
29 proposed or recommended changes to pharmaceutical assistance
30 programs that benefit Illinois seniors and any associated
31 costs of those changes.
32 Section 20. Senior Health Assistance Program.
33 (a) The Senior Health Assistance Program is created
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1 within the Department on Aging, to become operational within
2 90 days after the effective date of this Act. The Senior
3 Health Assistance Program shall provide outreach and
4 education to senior citizens on available prescription drug
5 coverage and discount programs.
6 (b) The Senior Health Assistance Program shall operate a
7 Clearinghouse for all information regarding prescription drug
8 coverage programs available to senior citizens in Illinois.
9 The Clearinghouse shall operate in conjunction with the
10 Department's toll free senior information program.
11 (c) The purposes of the Clearinghouse include, but are
12 not limited to:
13 (1) Maintaining information on public and private
14 prescription assistance programs for Illinois seniors.
15 (2) Educating citizens on available public and
16 private prescription assistance programs.
17 (3) Educating seniors on how to make an informed
18 decision about participation in prescription drug
19 assistance programs.
20 (d) The Clearinghouse has the following duties:
21 (1) Provide a one-stop resource for all information
22 for seniors regarding public and private prescription
23 drug discount and coverage programs.
24 (2) Perform outreach and education activities on
25 public and private prescription drug discount and
26 coverage programs.
27 (3) Maintain a toll free telephone number staffed
28 by trained customer service representatives.
29 (4) Maintain measurable data to identify the
30 progress and success of the program, including, but not
31 limited to, the number of individuals served, the type of
32 assistance received, and overall program evaluation.
33 (e) The Department shall work cooperatively with other
34 Departments that fund senior health assistance, including
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1 assistance with prescription drugs, to ensure maximum
2 coordination.
3 Section 25. Study of catastrophic pharmaceutical
4 assistance coverage.
5 (a) The Illinois Comprehensive Health Insurance Board
6 shall study a catastrophic pharmaceutical assistance coverage
7 option. The Board may contract with a private entity for the
8 completion of all or part of the study. Specifically, the
9 study shall:
10 (1) Assess the need for a catastrophic
11 pharmaceutical assistance coverage option, including
12 information on the number of individuals in need of such
13 a benefit.
14 (2) Estimate the cost of providing a catastrophic
15 pharmaceutical assistance coverage option through the
16 Illinois Comprehensive Health Insurance Plan or another
17 public or private entity.
18 (3) Recommend ways to create a catastrophic
19 pharmaceutical assistance coverage option.
20 (b) The Board may accept donations, in trust, from any
21 legal source, public or private, for deposit into a specially
22 created trust account and for expenditure, without the
23 necessity of being appropriated, solely for the purpose of
24 conducting all or part of the study.
25 (c) The Board may enter into intergovernmental
26 agreements with other State agencies for the purpose of
27 conducting all or part of the study.
28 (d) The Board shall issue a report with recommendations
29 to the Governor and the General Assembly by January 1, 2003.
30 Section 99. Effective Date. This Act takes effect upon
31 becoming law.".