Public Act 0400 102ND GENERAL ASSEMBLY

SB1682 Enrolled LRB102 16425 SPS 21816 b

Public Act 102-0400

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Pharmacy Practice Act is amended by changing Section 41 and by adding Section 43 as follows:

(225 ILCS 85/41)

(Section scheduled to be repealed on January 1, 2023)

Sec. 41. Current usual and customary retail price disclosure.

(a) Upon request, a pharmacy must disclose the current usual and customary retail price of any brand or generic prescription drug or medical device that the pharmacy offers for sale to the public. This disclosure requirement applies only to requests made in person or by telephone for the prices of no more than 10 prescription drugs or medical devices for which the person making the request has a prescription. Prices quoted are for informational purposes only and are valid only on the day of inquiry. The requests must specify the name, strength and quantity of the prescription drug.

(b) A pharmacy must post a notice informing customers that they may request, in person or by telephone, the current usual and customary retail price of any brand or generic prescription drug or medical device that the pharmacy offers for sale to the public.

(Source: P.A. 94-459, eff. 1-1-06.)

(225 ILCS 85/43 new)

Sec. 43. Disclosure of pharmacy retail price.

(a) For the purpose of this Section:

"Pharmacy retail price" means the price an individual without prescription drug coverage or not using any other prescription medication benefit or discount would pay at a retail pharmacy, not including a pharmacist dispensing fee.

"Cost-sharing amount" means the amount owed by a policyholder under the terms of his or her health insurance policy or as required by a pharmacy benefit manager as defined in subsection (a) of Section 513b1 of the Illinois Insurance Code.

(b) A pharmacist or his or her authorized employee must disclose to the consumer at the point of sale the current pharmacy retail price for each prescription medication the consumer intends to purchase. If the consumer's cost-sharing amount for a prescription exceeds the current pharmacy retail price, the pharmacist or his or her authorized employee must disclose to the consumer that the pharmacy retail price is less than the patient's cost-sharing amount.

Effective Date: 1/1/2022