Illinois General Assembly - Full Text of HB0152
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Full Text of HB0152  96th General Assembly


Health Care Availability and Accessibility Committee

Filed: 3/10/2009





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2     AMENDMENT NO. ______. Amend House Bill 152, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
5     "Section 1. Short title. This Act may be cited as the Organ
6 Transplant Quality Assurance Act.
7     Section 5. Definitions. For the purpose of this Act:
8     "Health insurance policy or health care service plan" means
9 any policy of health or accident insurance subject to the
10 provisions of the Illinois Insurance Code, Health Maintenance
11 Organization Act, Voluntary Health Services Plan Act, Counties
12 Code, Municipal Code, School Code, and State Employees Group
13 Insurance Act.
14     "Immunosuppressant drugs" means drugs that are used in
15 immunosuppressive therapy to inhibit or prevent the activity of
16 the immune system. "Immunosuppressant drugs" are used



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



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