Full Text of HB0163 101st General Assembly
HB0163sam001 101ST GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 5/3/2019
| | 10100HB0163sam001 | | LRB101 04752 SLF 60168 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 163
| 2 | | AMENDMENT NO. ______. Amend House Bill 163 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Finance Act is amended by adding | 5 | | Section 5.891 as follows: | 6 | | (30 ILCS 105/5.891 new) | 7 | | Sec. 5.891. The Prescription Monitoring Program Fund. | 8 | | Section 10. The Illinois Controlled Substances Act is | 9 | | amended by changing Section 316 and by adding Section 322 as | 10 | | follows:
| 11 | | (720 ILCS 570/316)
| 12 | | Sec. 316. Prescription Monitoring Program. | 13 | | (a) The Department must provide for a
Prescription | 14 | | Monitoring Program for Schedule II, III, IV, and V controlled |
| | | 10100HB0163sam001 | - 2 - | LRB101 04752 SLF 60168 a |
|
| 1 | | substances that includes the following components and | 2 | | requirements:
| 3 | | (1) The
dispenser must transmit to the
central | 4 | | repository, in a form and manner specified by the | 5 | | Department, the following information:
| 6 | | (A) The recipient's name and address.
| 7 | | (B) The recipient's date of birth and gender.
| 8 | | (C) The national drug code number of the controlled
| 9 | | substance
dispensed.
| 10 | | (D) The date the controlled substance is | 11 | | dispensed.
| 12 | | (E) The quantity of the controlled substance | 13 | | dispensed and days supply.
| 14 | | (F) The dispenser's United States Drug Enforcement | 15 | | Administration
registration number.
| 16 | | (G) The prescriber's United States Drug | 17 | | Enforcement Administration
registration number.
| 18 | | (H) The dates the controlled substance | 19 | | prescription is filled. | 20 | | (I) The payment type used to purchase the | 21 | | controlled substance (i.e. Medicaid, cash, third party | 22 | | insurance). | 23 | | (J) The patient location code (i.e. home, nursing | 24 | | home, outpatient, etc.) for the controlled substances | 25 | | other than those filled at a retail pharmacy. | 26 | | (K) Any additional information that may be |
| | | 10100HB0163sam001 | - 3 - | LRB101 04752 SLF 60168 a |
|
| 1 | | required by the department by administrative rule, | 2 | | including but not limited to information required for | 3 | | compliance with the criteria for electronic reporting | 4 | | of the American Society for Automation and Pharmacy or | 5 | | its successor. | 6 | | (2) Any information transmitted to the Prescription | 7 | | Monitoring Program as required by the General Assembly | 8 | | must: | 9 | | (A) be transmitted when a medication is dispensed to | 10 | | the patient or to the individual receiving the medication | 11 | | on behalf of the patient; | 12 | | (B) achieve the "point-of-sale" or "real-time" | 13 | | reporting within 12 months of enactment of this amendatory | 14 | | Act of the 101st General Assembly; | 15 | | (C) not impose a financial burden upon a pharmacy which | 16 | | dispenses to patients; | 17 | | (D) use federal grant funding available to the | 18 | | Prescription Monitoring Program to avoid a financial | 19 | | burden to any pharmacy which is required to achieve this | 20 | | requirement; | 21 | | (E) require that any department or agency of this State | 22 | | applying for or receiving grant funds which relate to | 23 | | medication, in any manner, must include funding for the | 24 | | Prescription Monitoring Program's requirement in this | 25 | | Section unless the Prescription Monitoring Program | 26 | | declines the need for additional funding; and |
| | | 10100HB0163sam001 | - 4 - | LRB101 04752 SLF 60168 a |
|
| 1 | | (F) be transmitted by any pharmacy at the end of the | 2 | | business day until the Prescription Monitoring Program | 3 | | verifies that "point-of-sale" or "real-time" reporting is | 4 | | functional. | 5 | | The information required to be transmitted under this Section | 6 | | must be
transmitted not later than the end of the next | 7 | | business day after the date on which a
controlled substance | 8 | | is dispensed, or at such other time as may be required by | 9 | | the Department by administrative rule.
| 10 | | (3) A dispenser must transmit the information required | 11 | | under this Section
by:
| 12 | | (A) an electronic device compatible with the | 13 | | receiving device of the
central repository;
| 14 | | (B) (blank) a computer diskette ;
| 15 | | (C) (Blank) a magnetic tape ; or
| 16 | | (D) (blank). a pharmacy universal claim form or | 17 | | Pharmacy Inventory Control form ;
| 18 | | (4) The Department may impose a civil fine of up to | 19 | | $100 per day for willful failure to report controlled | 20 | | substance dispensing to the Prescription Monitoring | 21 | | Program. The fine shall be calculated on no more than the | 22 | | number of days from the time the report was required to be | 23 | | made until the time the problem was resolved . , and The | 24 | | fine shall be payable to the Prescription Monitoring | 25 | | Program.
| 26 | | (b) The Department, by rule, may include in the |
| | | 10100HB0163sam001 | - 5 - | LRB101 04752 SLF 60168 a |
|
| 1 | | Prescription Monitoring Program certain other select drugs | 2 | | that are not included in Schedule II, III, IV, or V. The | 3 | | Prescription Monitoring Program does not apply to
controlled | 4 | | substance prescriptions as exempted under Section
313.
| 5 | | (c) The collection of data on select drugs and scheduled | 6 | | substances by the Prescription Monitoring Program may be used | 7 | | as a tool for addressing oversight requirements of long-term | 8 | | care institutions as set forth by Public Act 96-1372. Long-term | 9 | | care pharmacies shall transmit patient medication profiles to | 10 | | the Prescription Monitoring Program monthly or more frequently | 11 | | as established by administrative rule. | 12 | | (d) The Department of Human Services shall appoint a | 13 | | full-time Clinical Director of the Prescription Monitoring | 14 | | Program. | 15 | | (e) (Blank). | 16 | | (f) Within 2 years one year of January 1, 2018 ( the | 17 | | effective date of Public Act 100-564) this amendatory Act of | 18 | | the 100th General Assembly , the Department shall adopt rules | 19 | | requiring all Electronic Health Records Systems to interface | 20 | | with the Prescription Monitoring Program application program | 21 | | on or before January 1, 2021 to ensure that all providers have | 22 | | access to specific patient records during the treatment of | 23 | | their patients. These rules shall also address the electronic | 24 | | integration of pharmacy records with the Prescription | 25 | | Monitoring Program to allow for faster transmission of the | 26 | | information required under this Section. The Department shall |
| | | 10100HB0163sam001 | - 6 - | LRB101 04752 SLF 60168 a |
|
| 1 | | establish actions to be taken if a prescriber's Electronic | 2 | | Health Records System does not effectively interface with the | 3 | | Prescription Monitoring Program within the required timeline. | 4 | | (g) The Department, in consultation with the Advisory | 5 | | Committee, shall adopt rules allowing licensed prescribers or | 6 | | pharmacists who have registered to access the Prescription | 7 | | Monitoring Program to authorize a licensed or non-licensed | 8 | | designee employed in that licensed prescriber's office or a | 9 | | licensed designee in a licensed pharmacist's pharmacy , and who | 10 | | has received training in the federal Health Insurance | 11 | | Portability and Accountability Act to consult the Prescription | 12 | | Monitoring Program on their behalf. The rules shall include | 13 | | reasonable parameters concerning a practitioner's authority to | 14 | | authorize a designee, and the eligibility of a person to be | 15 | | selected as a designee. In this subsection (g), "pharmacist" | 16 | | shall include a clinical pharmacist employed by and designated | 17 | | by a Medicaid Managed Care Organization providing services | 18 | | under Article V of the Illinois Public Aid Code under a | 19 | | contract with the Department of Healthcare Health and Family | 20 | | Services for the sole purpose of clinical review of services | 21 | | provided to persons covered by the entity under the contract to | 22 | | determine compliance with subsections (a) and (b) of Section | 23 | | 314.5 of this Act. A managed care entity pharmacist shall | 24 | | notify prescribers of review activities. | 25 | | (Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18; | 26 | | 100-861, eff. 8-14-18; 100-1005, eff. 8-21-18; 100-1093, eff. |
| | | 10100HB0163sam001 | - 7 - | LRB101 04752 SLF 60168 a |
|
| 1 | | 8-26-18; revised 2-20-19.)
| 2 | | (720 ILCS 570/322 new) | 3 | | Sec. 322. The Prescription Monitoring Program Fund. | 4 | | (a) There is created in the State treasury a special fund | 5 | | known as the Prescription Monitoring Program Fund. The | 6 | | Prescription Monitoring Program Fund shall receive revenue | 7 | | from: | 8 | | (1) grants; | 9 | | (2) pass-through grants; | 10 | | (3) donations; | 11 | | (4) appropriations; | 12 | | (5) fees charged for services, work, or both performed | 13 | | as the result of duly authorized requests or contracts such | 14 | | as subpoenas or research agreements; | 15 | | (6) fees as enacted by the General Assembly; and | 16 | | (7) other legal sources. | 17 | | (b) The Department of Human Services or its successor shall | 18 | | coordinate to use moneys in the Prescription Monitoring Program | 19 | | Fund and perform the duties of collecting and reporting | 20 | | prescription and other medication data as authorized by the | 21 | | General Assembly. | 22 | | (c) Any surplus funds shall be managed as follows: | 23 | | (1) grant and pass-through fund providers shall be | 24 | | asked for grant extensions or forgiveness. Otherwise, the | 25 | | funds shall be refunded; |
| | | 10100HB0163sam001 | - 8 - | LRB101 04752 SLF 60168 a |
|
| 1 | | (2) donations shall be used to reduce the Prescription | 2 | | Monitoring Program appropriation for the next fiscal year | 3 | | unless otherwise restricted; | 4 | | (3) appropriations in excess of spending shall expire | 5 | | at the end of the fiscal year unless otherwise authorized; | 6 | | and | 7 | | (4) fees and other legal sources of revenue may be | 8 | | retained in the Prescription Monitoring Program Fund for 5 | 9 | | fiscal years. The State Treasurer shall invest excess fees | 10 | | with the interest deposited into the General Revenue Fund | 11 | | unless otherwise authorized by the General Assembly. | 12 | | (d) If the Prescription Monitoring Program is able to apply | 13 | | for and receive a reimbursement grant, it is authorized to | 14 | | apply for the grant. If a reimbursement grant is awarded, the | 15 | | Prescription Monitoring Program is authorized to borrow | 16 | | available funds from the Department of Human Services or the | 17 | | State Treasurer at no interest. ".
|
|