Health Care Availability and Accessibility Committee
Filed: 3/10/2009
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 152




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    AMENDMENT NO. ______. Amend House Bill 152, AS AMENDED, by 
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replacing everything after the enacting clause with the 
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following:


 
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    "Section 1. Short title.  This Act may be cited as the Organ 
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Transplant Quality Assurance Act.
 
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    Section 5. Definitions. For the purpose of this Act:
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    "Health insurance policy or health care service plan" means 
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any policy of health or accident insurance subject to the 
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provisions of the Illinois Insurance Code, Health Maintenance 
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Organization Act, Voluntary Health Services Plan Act, Counties 
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Code, Municipal Code, School Code, and State Employees Group 
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Insurance Act.
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    "Immunosuppressant drugs" means drugs that are used in 
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immunosuppressive therapy to inhibit or prevent the activity of 
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the immune system. "Immunosuppressant drugs" are used 
 


 






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clinically to prevent the rejection of transplanted organs and 
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tissues. "Immunosuppressant drugs" do not include drugs for the 
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treatment of autoimmune diseases or diseases that are most 
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likely of autoimmune origin.
 
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    Section 10. Quality assurance in patient care. When a 
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prescribing physician has indicated on a prescription "may not 
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substitute", a health insurance policy or health care service 
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plan that covers immunosuppressant drugs may not require or 
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cause a pharmacist to interchange another immunosuppressive 
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drug or formulation issued on behalf of a person to inhibit or 
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prevent the activity of the immune system of a patient to 
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prevent the rejection of transplanted organs and tissues 
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without notification and the documented consent of the 
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prescribing physician and the patient, or the parent or 
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guardian if the patient is a child, or the spouse of a patient 
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who is authorized to consent to the treatment of the person.
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    In accordance with the Pharmacy Practice Act, the 
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prescribing person may, in his or her own handwriting, place a 
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mark beside "may not substitute" on the prescription form to 
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direct the pharmacist in the dispensing of the prescription; 
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this marking of the prescription shall control dispensing and 
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the coverage under the health insurance policy or health care 
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service plan. Patient co-payments, deductibles, or other 
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charges for any prescription for which another 
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immunosuppressive drug or formulation is not interchanged 
 


 






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shall remain the same for the enrollment period established by 
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the health insurance policy or plan. This Act does not apply to 
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medication orders issued for immunosuppressive drugs for any 
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in-patient care in a licensed hospital.".