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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_SB2098eng SB2098 Engrossed LRB9215761REdv 1 AN ACT concerning citizen assistance. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Senior Pharmaceutical Assistance Act. 6 Section 5. Findings. The General Assembly finds: 7 (1) Senior citizens identify pharmaceutical assistance 8 as the single most critical factor to their health, 9 well-being, and continued independence. 10 (2) The State of Illinois currently operates 2 11 pharmaceutical assistance programs that benefit seniors: (i) 12 the program of pharmaceutical assistance under the Senior 13 Citizens and Disabled Persons Property Tax Relief and 14 Pharmaceutical Assistance Act and (ii) the Aid to the Aged, 15 Blind, or Disabled program under the Illinois Public Aid 16 Code. The State has been given authority to establish a third 17 program, SeniorRx Care, through a federal Medicaid waiver. 18 (3) Each year, numerous pieces of legislation are filed 19 seeking to establish additional pharmaceutical assistance 20 benefits for seniors or to make changes to the existing 21 programs. 22 (4) Establishment of a pharmaceutical assistance review 23 committee will ensure proper coordination of benefits, 24 diminish the likelihood of duplicative benefits, and ensure 25 that the best interests of seniors are served. 26 (5) In addition to the State pharmaceutical assistance 27 programs, several private entities, such as drug 28 manufacturers and pharmacies, also offer prescription drug 29 discount or coverage programs. 30 (6) Many seniors are unaware of the myriad of public and 31 private programs available to them. SB2098 Engrossed -2- LRB9215761REdv 1 (7) Establishing a pharmaceutical clearinghouse with a 2 toll-free hot-line and local outreach workers will educate 3 seniors about the vast array of options available to them and 4 enable seniors to make an educated and informed choice that 5 is best for them. 6 (8) Estimates indicate that almost one-third of senior 7 citizens lack prescription drug coverage. The federal 8 government, states, and the pharmaceutical industry each have 9 a role in helping these uninsured seniors gain access to 10 life-saving medications. 11 (9) The State of Illinois has recognized its obligation 12 to assist Illinois' neediest seniors in purchasing 13 prescription medications, and it is now time for 14 pharmaceutical manufacturers to recognize their obligation to 15 make their medications affordable to seniors. 16 Section 10. Definitions. In this Act: 17 "Manufacturer" includes: 18 (1) An entity that is engaged in (a) the production, 19 preparation, propagation, compounding, conversion, or 20 processing of prescription drug products (i) directly or 21 indirectly by extraction from substances of natural origin, 22 (ii) independently by means of chemical synthesis, or (iii) 23 by combination of extraction and chemical synthesis; or (b) 24 the packaging, repackaging, labeling or re-labeling, or 25 distribution of prescription drug products. 26 (2) The entity holding legal title to or possession of 27 the national drug code number for the covered prescription 28 drug. 29 The term does not include a wholesale distributor of 30 drugs, drugstore chain organization, or retail pharmacy 31 licensed by the State. 32 "Prescription drug" means a drug that may be dispensed 33 only upon prescription by an authorized prescriber and that SB2098 Engrossed -3- LRB9215761REdv 1 is approved for safety and effectiveness as a prescription 2 drug under Section 505 or 507 of the Federal Food, Drug and 3 Cosmetic Act. 4 "Senior citizen" or "senior" means a person 65 years of 5 age or older. 6 Section 15. Senior Pharmaceutical Assistance Review 7 Committee. 8 (a) The Senior Pharmaceutical Assistance Review 9 Committee is created. The Committee shall consist of 17 10 members as follows: 11 (1) Twelve members appointed as follows: 2 members 12 of the General Assembly and 1 member of the general 13 public, appointed by the President of the Senate; 2 14 members of the General Assembly and 1 member of the 15 general public, appointed by the Minority Leader of the 16 Senate; 2 members of the General Assembly and 1 member of 17 the general public, appointed by the Speaker of the House 18 of Representatives; and 2 members of the General Assembly 19 and 1 member of the general public, appointed by the 20 Minority Leader of the House of Representatives. These 21 members shall serve at the pleasure of the appointing 22 authority. 23 (2) The Director of Aging or his or her designee. 24 (3) The Director of Revenue or his or her designee. 25 (4) The Director of Public Aid or his or her 26 designee. 27 (5) The Secretary of Human Services or his or her 28 designee. 29 (6) The Director of Public Health or his or her 30 designee. 31 (b) Members appointed from the general public shall 32 represent the following associations, organizations, and 33 interests: statewide membership-based senior advocacy SB2098 Engrossed -4- LRB9215761REdv 1 organizations, pharmaceutical manufacturers, pharmacists, 2 dispensing pharmacies, physicians, and providers of services 3 to senior citizens. No single organization may have more 4 than one representative appointed as a member from the 5 general public. 6 (c) The President of the Senate and Speaker of the House 7 of Representatives shall each designate one member of the 8 Committee to serve as co-chairs. 9 (d) Committee members shall serve without compensation 10 or reimbursement for expenses. 11 (e) The Committee shall meet at the call of the 12 co-chairs, but at least quarterly. 13 (f) The Committee may conduct public hearings to gather 14 testimony from interested parties regarding pharmaceutical 15 assistance for Illinois seniors, including changes to 16 existing and proposed programs. 17 (g) The Committee may advise appropriate State agencies 18 regarding the establishment of proposed programs or changes 19 to existing programs. The State agencies shall take into 20 consideration any recommendations made by the Committee. 21 (h) The Committee shall report to the General Assembly 22 and the Governor annually or as it deems necessary regarding 23 proposed or recommended changes to pharmaceutical assistance 24 programs that benefit Illinois seniors and any associated 25 costs of those changes. 26 Section 20. Senior Health Assistance Program. 27 (a) The Senior Health Assistance Program is created 28 within the Department on Aging, to become operational within 29 90 days after the effective date of this Act. The Senior 30 Health Assistance Program shall provide outreach and 31 education to senior citizens on available prescription drug 32 coverage and discount programs. 33 (b) The Senior Health Assistance Program shall operate a SB2098 Engrossed -5- LRB9215761REdv 1 Clearinghouse for all information regarding prescription drug 2 coverage programs available to senior citizens in Illinois. 3 The Clearinghouse shall operate in conjunction with the 4 Department's toll-free senior information program. 5 (c) The purposes of the Clearinghouse include, but are 6 not limited to: 7 (1) Maintaining information on public and private 8 prescription assistance programs for Illinois seniors. 9 (2) Educating citizens on available public and 10 private prescription assistance programs. 11 (3) Educating seniors on how to make an informed 12 decision about participation in prescription drug 13 assistance programs. 14 (d) The Clearinghouse has the following duties: 15 (1) Provide a one-stop resource for all information 16 for seniors regarding public and private prescription 17 drug discount and coverage programs. 18 (2) Perform outreach and education activities on 19 public and private prescription drug discount and 20 coverage programs. 21 (3) Maintain a toll-free telephone number staffed 22 by trained customer service representatives. 23 (4) Maintain measurable data to identify the 24 progress and success of the program, including, but not 25 limited to, the number of individuals served, the type of 26 assistance received, and overall program evaluation. 27 (e) The Department shall work cooperatively with other 28 Departments that fund senior health assistance, including 29 assistance with prescription drugs, to ensure maximum 30 coordination. 31 Section 25. Study of catastrophic pharmaceutical 32 assistance coverage. 33 (a) The Illinois Comprehensive Health Insurance Board SB2098 Engrossed -6- LRB9215761REdv 1 shall study a catastrophic pharmaceutical assistance coverage 2 option. The Board may contract with a private entity for the 3 completion of all or part of the study. Specifically, the 4 study shall: 5 (1) Assess the need for a catastrophic 6 pharmaceutical assistance coverage option, including 7 information on the number of individuals in need of such 8 a benefit. 9 (2) Estimate the cost of providing a catastrophic 10 pharmaceutical assistance coverage option through the 11 Illinois Comprehensive Health Insurance Plan or another 12 public or private entity. 13 (3) Recommend ways to create a catastrophic 14 pharmaceutical assistance coverage option. 15 (b) The Board may accept donations, in trust, from any 16 legal source, public or private, for deposit into a specially 17 created trust account and for expenditure, without the 18 necessity of being appropriated, solely for the purpose of 19 conducting all or part of the study. 20 (c) The Board may enter into intergovernmental 21 agreements with other State agencies for the purpose of 22 conducting all or part of the study. 23 (d) The Board shall issue a report with recommendations 24 to the Governor and the General Assembly by January 1, 2003. 25 Section 99. Effective Date. This Act takes effect upon 26 becoming law.