Full Text of SB0667 101st General Assembly
SB0667sam001 101ST GENERAL ASSEMBLY | Sen. Andy Manar Filed: 5/29/2019
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| 1 | | AMENDMENT TO SENATE BILL 667
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 667 by replacing | 3 | | everything after the enacting clause with the following:
| 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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