Sen. Andy Manar
Filed: 5/29/2019
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| 1 | AMENDMENT TO SENATE BILL 667
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 667 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 1. Findings. The General Assembly finds and | ||||||
| 5 | declares that: | ||||||
| 6 | (1) Diabetes affects approximately 1,300,000 adults in | ||||||
| 7 | Illinois (12.5% of the population); | ||||||
| 8 | (2) Diabetes is the seventh leading cause of death | ||||||
| 9 | nationally and in Illinois; | ||||||
| 10 | (3) The toll on the Illinois economy has increased by | ||||||
| 11 | more than 40% since 2007, costing the State | ||||||
| 12 | $245,000,000,000 in 2012; | ||||||
| 13 | (4) When someone has diabetes, the body either does not | ||||||
| 14 | make enough insulin or is unable to use its own insulin, | ||||||
| 15 | causing glucose levels to rise higher than normal in the | ||||||
| 16 | blood; | ||||||
| 17 | (5) For people with Type 1 diabetes, near-constant | ||||||
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| 1 | self-management of glucose levels is essential to prevent | ||||||
| 2 | life-threatening complications; | ||||||
| 3 | (6) From 2012 to 2016, the average price of insulin | ||||||
| 4 | increased from 13 cents per unit to 25 cents per unit; | ||||||
| 5 | therefore, | ||||||
| 6 | It is necessary for the State to enact laws to reduce the | ||||||
| 7 | costs for Illinoisans with diabetes and increase their access | ||||||
| 8 | to life-saving and life-sustaining insulin. | ||||||
| 9 | Section 5. The Attorney General Act is amended by adding | ||||||
| 10 | Section 10 as follows: | ||||||
| 11 | (15 ILCS 205/10 new) | ||||||
| 12 | Sec. 10. Investigation of prescription insulin drug | ||||||
| 13 | pricing; report. | ||||||
| 14 | (a) The Attorney General shall investigate pricing of | ||||||
| 15 | prescription insulin drugs made available to Illinois | ||||||
| 16 | consumers to ensure adequate consumer protections in the | ||||||
| 17 | pricing of prescription insulin drugs and to determine whether | ||||||
| 18 | additional consumer protections are needed. | ||||||
| 19 | (b) As part of the investigation, the Attorney General | ||||||
| 20 | shall gather, compile, and analyze information concerning the | ||||||
| 21 | organization, business practices, pricing information, data, | ||||||
| 22 | reports, or other information that the Attorney General finds | ||||||
| 23 | necessary to fulfill the requirements of this Section from | ||||||
| 24 | companies engaged in the manufacture or sale of prescription | ||||||
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| 1 | insulin drugs. | ||||||
| 2 | If necessary to fulfill the reporting requirements of this | ||||||
| 3 | Section, the Attorney General may issue a civil investigative | ||||||
| 4 | demand requiring a State Agency, insurer, pharmacy benefit | ||||||
| 5 | manager, or manufacturer of prescription insulin drugs that are | ||||||
| 6 | made available in Illinois to furnish material, answers, data, | ||||||
| 7 | or other relevant information. | ||||||
| 8 | (c) A person or business shall not be compelled to provide | ||||||
| 9 | trade secrets. | ||||||
| 10 | (d) By November 1, 2020, the Attorney General shall issue | ||||||
| 11 | and make available to the public a report detailing the | ||||||
| 12 | findings from the investigation conducted pursuant to this | ||||||
| 13 | Section. The Attorney General shall present the report to the | ||||||
| 14 | Governor, the Department of Insurance, and the Judiciary | ||||||
| 15 | Committees of the Senate and House of Representatives or their | ||||||
| 16 | successor Committees. The report must include the following: | ||||||
| 17 | (1) a summary of insulin pricing practices and | ||||||
| 18 | variables that contribute to pricing of health coverage | ||||||
| 19 | plans; | ||||||
| 20 | (2) public policy recommendations to control and | ||||||
| 21 | prevent overpricing of prescription insulin drugs made | ||||||
| 22 | available to Illinois consumers; | ||||||
| 23 | (3) any recommendations for improvements to the | ||||||
| 24 | Consumer Fraud and Deceptive Business Practices Act; and | ||||||
| 25 | (4) any other information the Attorney General finds | ||||||
| 26 | necessary. | ||||||
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| 1 | (e) This Section is repealed on December 1, 2020. | ||||||
| 2 | Section 10. The Illinois Insurance Code is amended by | ||||||
| 3 | adding Section 356z.33 as follows: | ||||||
| 4 | (215 ILCS 5/356z.33 new) | ||||||
| 5 | Sec. 356z.33. Cost sharing in prescription insulin drugs; | ||||||
| 6 | limits; confidentiality of rebate information; definition; | ||||||
| 7 | rules. | ||||||
| 8 | (a) As used in this Section, "prescription insulin drug" | ||||||
| 9 | means a prescription drug that contains insulin and is used to | ||||||
| 10 | treat diabetes. | ||||||
| 11 | (b) An insurer that provides coverage for prescription | ||||||
| 12 | insulin drugs pursuant to the terms of a health coverage plan | ||||||
| 13 | the insurer offers shall limit the total amount that an insured | ||||||
| 14 | is required to pay for a covered prescription insulin drug at | ||||||
| 15 | an amount not to exceed $100 per 30-day supply of insulin, | ||||||
| 16 | regardless of the amount or type of insulin needed to fill the | ||||||
| 17 | insured's prescription. | ||||||
| 18 | (c) Nothing in this Section prevents an insurer from | ||||||
| 19 | reducing an insured's cost sharing by an amount greater than | ||||||
| 20 | the amount specified in subsection (b). | ||||||
| 21 | (d) The Director may use any of the Director's enforcement | ||||||
| 22 | powers to obtain an insurer's compliance with this Section. | ||||||
| 23 | (e) The Department may adopt rules as necessary to | ||||||
| 24 | implement and administer this Section and to align it with | ||||||
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| 1 | federal requirements.".
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