State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

91_HB0154ham001

 










                                           LRB9100692JSpcam02

 1                     AMENDMENT TO HOUSE BILL 154

 2        AMENDMENT NO.     .  Amend House Bill 154 on page 1, line
 3    17, by deleting "changing Section 55.70 and"; and

 4    on page 1 by deleting lines 19 through 29; and

 5    on page 2 by deleting lines 1 through 17; and

 6    on  page  2,  line  28,  by   replacing   "procedures"   with
 7    "procedures,  at  least 4 of whom must be physicians licensed
 8    to practice medicine in all its branches,"; and

 9    on page 3 by deleting lines 17 through 23; and

10    on page 4 by replacing lines 2 through 17 with the following:
11    "changing Section 509 as follows:"; and

12    on page 5 by replacing lines 18 and 19 with the following:
13    "any one of the funds, other than  the  Breast  and  Cervical
14    Cancer Research Fund, made under this Section do not"; and

15    on page 5 by replacing line 26 with the following:
16    "Breast and Cervical Cancer Research Fund made"; and

17    on page 6 by deleting lines 1 through 27; and

18    on  page  7,  line  5,  by  changing "356y, and 356z" to "and
19    356y"; and
 
                            -2-            LRB9100692JSpcam02
 1    on page 7, line 24, by changing "356y, and 356z" to "and 356y
 2    "; and

 3    on page 8, line 9, by  changing  "356y,  and  356z"  to  "and
 4    356y"; and

 5    on  page  8  by  replacing  lines  12 and through 31 with the
 6    following:
 7    "adding Section 356y as follows:

 8        (215 ILCS 5/356y new)
 9        Sec.   356y.  Coverage   for    investigational    cancer
10    treatments.
11        (a)  An individual or group policy of accident and health
12    insurance  issued,  delivered,  amended,  or  renewed in this
13    State after the effective date of this amendatory Act of  the
14    91st  General Assembly must provide coverage for patient care
15    of insureds, when medically appropriate, to participate in an
16    approved research trial and shall provide  coverage  for  the
17    patient  care  provided  pursuant  to  investigational cancer
18    treatments as provided in subsection (b).
19        (b)  Coverage must be included for  an  item  or  service
20    that  would  otherwise be covered, subject to the limitations
21    and cost sharing  requirements  applicable  to  the  item  or
22    service,  when that item or service is provided to an insured
23    in the course of an investigational cancer treatment if:
24             (1)  the   treatment   is   a   qualifying    cancer
25        investigational  treatment  ordered  or  prescribed  by a
26        physician  licensed  to  practice  medicine  in  all  its
27        branches; and
28             (2)  the cancer treatment is administered as part of
29        the medical management  of  a  life-threatening  disease,
30        disorder, or health condition.
31        Coverage  must  be  included  for an item or service when
32    that item or service is  required  to  provide  patient  care
 
                            -3-            LRB9100692JSpcam02
 1    pursuant  to  the  design  of  a research trial, except those
 2    items or services normally paid for by other funding sources,
 3    such as the costs  of  certain  investigational  agents,  the
 4    costs  of any nonhealth services that might be required for a
 5    person to receive cancer treatment, and the costs of managing
 6    the research; items or services subject to this exception may
 7    be covered in addition to patient care at the  discretion  of
 8    the health plan.
 9        (c)  For   purposes  of  this  Section,  (A)  "qualifying
10    investigational cancer treatment" means a treatment  (i)  the
11    effectiveness  of which has not been determined and (ii) that
12    is under clinical investigation as part of an approved cancer
13    research trial in  Phase  II,  Phase  III,  or  Phase  IV  of
14    investigation  and (B) "approved cancer research trial" means
15    (i) a cancer research trial approved by the U.S. Secretary of
16    Health and Human  Services,  the  Director  of  the  National
17    Institutes  of  Health, the Commissioner of the Food and Drug
18    Administration (through an investigational new drug exemption
19    under Section 505(1) of the federal Food, Drug  and  Cosmetic
20    Act  or  an  investigational  device  exemption under Section
21    520(g) of that Act), the Secretary of Veterans  Affairs,  the
22    Secretary  of  Defense, or a qualified nongovernmental cancer
23    research entity as defined  in  guidelines  of  the  National
24    Institutes  of  Health  or  (ii) a peer-reviewed and approved
25    cancer research program, as defined by the U.S. Secretary  of
26    Health  and Human Services, conducted for the primary purpose
27    of determining whether or not a cancer treatment is  safe  or
28    efficacious  or  has  any  other  characteristic  of a cancer
29    treatment that must be demonstrated in order for  the  cancer
30    treatment to be medically necessary or appropriate.
31        (d)  This Section is repealed on January 1, 2003."; and

32    by deleting all of page 9; and

33    on page 10 by deleting lines 1 through 18; and
 
                            -4-            LRB9100692JSpcam02
 1    on page 10, line 27, by deleting "356z,"; and

 2    on page 14, line 19, by deleting "356z,".

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