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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3117 Introduced 2/6/2020, by Sen. Andy Manar SYNOPSIS AS INTRODUCED:
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Amends the Illinois Insurance Code. Provides that a pharmacy benefit manager has a fiduciary duty to a third party with which the pharmacy benefit manager has entered into a contract to manage the pharmacy benefit plan of the third party and shall notify the third party in writing of an activity, policy, or practice of the pharmacy benefit manager that presents a conflict of interest that interferes with the ability of the pharmacy benefit manager to discharge its fiduciary duty. Allows the Director of Insurance to refuse to issue, suspend, or revoke a license or impose a fine if it is found that a pharmacy benefit manager has failed to adequately discharge its fiduciary duty to a third party. Effective immediately.
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| | A BILL FOR |
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| | SB3117 | | LRB101 18312 BMS 67758 b |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Insurance Code is amended by adding |
| 5 | | Section 513b7 as follows:
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| 6 | | (215 ILCS 5/513b7 new) |
| 7 | | Sec. 513b7. Pharmacy benefit manager fiduciary duty. A |
| 8 | | pharmacy benefit manager has a fiduciary duty to a third party |
| 9 | | with which the pharmacy benefit manager has entered into a |
| 10 | | contract to manage the pharmacy benefit plan of the third party |
| 11 | | and shall notify the third party in writing of an activity, |
| 12 | | policy, or practice of the pharmacy benefit manager that |
| 13 | | presents a conflict of interest that interferes with the |
| 14 | | ability of the pharmacy benefit manager to discharge that |
| 15 | | fiduciary duty. The Director may refuse to issue, suspend, or |
| 16 | | revoke a license or impose a fine pursuant to Section 513b4 if |
| 17 | | it is found that the pharmacy benefit manager has failed to |
| 18 | | adequately discharge the fiduciary duty imposed upon it by this |
| 19 | | Section.
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| 20 | | Section 99. Effective date. This Act takes effect upon |
| 21 | | becoming law.
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