Sen. Andy Manar

Filed: 5/25/2018





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2    AMENDMENT NO. ______. Amend House Bill 3479 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Pharmacy Benefits Manager Licensing Act.
6    Section 5. Definitions. As used in this Act:
7    "Average reimbursement" means a statistical methodology
8selected by the Department through any rules adopted pursuant
9to this Section that shall include, at a minimum, the median
10and mean.
11    "Department" means the Department of Insurance.
12    "Director" means the Director of Insurance.
13    "Person beneficially interested", with respect to an
14applicant for a pharmacy benefits manager license, means:
15        (1) if the applicant is a partnership or other
16    unincorporated association, each partner or member;



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1        (2) if the applicant is a corporation, each of its
2    officers, directors, and stockholders, except that a
3    natural person shall not be deemed to be beneficially
4    interested in a nonprofit corporation; or
5        (3) if the applicant is a limited liability company,
6    each officer, manager, or member.
7    "Pharmacist" has the meaning given to the term in the
8Pharmacy Practice Act.
9    "Pharmacy" has the meaning given to the term in the
10Pharmacy Practice Act.
11    "Pharmacy benefits manager" means a person, business, or
12other entity that, pursuant to a contract or under an
13employment relationship with a plan sponsor, insurer, or other
14third-party payer, either directly or through an intermediary,
15manages the prescription drug coverage provided by the plan
16sponsor, insurer, or other third-party payer, including, but
17not limited to, the processing and payment of claims for
18prescription drugs, the performance of drug utilization
19review, the processing of drug prior authorization requests,
20the adjudication of appeals or grievances related to
21prescription drug coverage, contracting with network
22pharmacies, and controlling the cost of covered prescription
24    "Pharmacy provider" means a pharmacy or pharmacist.
25    "Proprietary information" means information on pricing,
26costs, revenue, taxes, market share, negotiating strategies,



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1customers, and personnel that is held by a pharmacy benefits
2manager and used for its business purposes.
3    Section 10. Pharmacy benefits manager licensing
5    (a) A pharmacy benefits manager shall be licensed by the
6Department before conducting business in this State.
7    (b) A pharmacy benefits manager license under this Section
8is not transferable.
9    (c) The Department shall develop, by rule, application
10forms for pharmacy benefits manager licensure. The application
11form for the pharmacy benefits manager license shall require
12the pharmacy benefits manager to submit all of the following
13information to the Department:
14        (1) the name of the pharmacy benefits manager;
15        (2) the address and contact telephone number for the
16    pharmacy benefits manager;
17        (3) the name and address of the pharmacy benefits
18    manager's agent for service of process in this State;
19        (4) the name and address of each person beneficially
20    interested in the pharmacy benefits manager; and
21        (5) the name and address of each person with management
22    or control over the pharmacy benefits manager.
23    (d) If the applicant is a partnership or other
24unincorporated association, a limited liability company, or a
25corporation and the number of partners, members, or



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1stockholders, as the case may be, exceeds 5, the application
2shall so state and shall further state the name, address, usual
3occupation, and professional qualifications of each of the 5
4partners, members, or stockholders who own the 5 largest
5interests in the applicant entity. Upon request by the
6Department, the applicant shall furnish the Department with the
7name, address, usual occupation, and professional
8qualifications of partners, members, or stockholders not named
9in the application or shall refer the Department to an
10appropriate source of that information.
11    (e) The application shall contain a statement to the effect
12that the applicant has not been convicted of a felony and has
13not violated any of the provisions of this Act. If the
14applicant cannot make this statement, the application shall
15contain a statement of the violation, if any, or reasons that
16prevent the applicant from being able to comply with the
17requirements with respect to the statement.
18    (f) Within 30 days after a change in any of the information
19disclosed to the Department on an application for licensure,
20the pharmacy benefits manager shall notify the Department of
21that change in writing.
22    (g) The Department may, by rule, set a fee for the license
23issued under this Act. The fee shall not exceed the actual
24costs incurred by the Department in carrying out its duties
25under this Act.



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1    Section 15. Discipline; grounds.
2    (a) The Director may refuse to issue, restore, or remove or
3may revoke, suspend, or place on probation a pharmacy benefits
4manager's license under any of the following circumstances:
5        (1) The pharmacy benefits manager has engaged in
6    fraudulent activity that constitutes a violation of State
7    or federal law.
8        (2) The Department has received consumer complaints
9    that justify an action under this Section in order to
10    protect the safety and interests of consumers.
11        (3) The pharmacy benefits manager fails to pay an
12    application fee for the license.
13        (4) The pharmacy benefits manager fails to comply with
14    a requirement set forth in Section 20 or 25.
15    (b) The Department shall, by rule, develop procedures that
16provide a pharmacy benefits manager subject to discipline under
17subsection (a) with reasonable notice of, and an opportunity to
18respond to, the Department before taking that action.
19    Section 20. Transparency requirements.
20    (a) A pharmacy benefits manager contracting with a managed
21care organization to administer benefits provided under the
22State Employees Group Insurance Act of 1971 or the Illinois
23Public Aid Code shall provide the following information to the
24Department no later than March 31, 2019 and for each year
25thereafter for the previous calendar year that the pharmacy



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1benefits manager is contracted with a managed care organization
2to administer benefits:
3        (1) the total amount paid to the pharmacy benefits
4    manager by a managed care organization to administer
5    benefits for each contract under which the pharmacy
6    benefits manager is contracted to administer benefits
7    under the State Employees Group Insurance Act of 1971 or
8    the Illinois Public Aid Code;
9        (2) the total amount paid in reimbursements to
10    pharmacies licensed in Illinois for each contract under
11    which the pharmacy benefits manager is contracted to
12    administer benefits under the State Employees Group
13    Insurance Act of 1971 or the Illinois Public Aid Code;
14        (3) the average reimbursement per contract by drug
15    ingredient cost, dispensing fee, and any other fee paid by
16    a pharmacy benefits manager to licensed pharmacies with
17    which the pharmacy benefits manager shares common
18    ownership, management, or control; or that are owned,
19    managed, or collected by any of the pharmacy benefits
20    manager's management companies, parent companies,
21    subsidiary companies, jointly held companies, or companies
22    otherwise affiliated by a common owner, manager, or holding
23    company; or that share any common members on the board of
24    directors; or that share managers in common;
25        (4) the average reimbursement per contract by drug
26    ingredient cost, dispensing fee, and any other fee, paid by



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1    a pharmacy benefits manager to pharmacies licensed in
2    Illinois other than those subject to paragraph (3);
3        (5) any direct or indirect fees, charges, or any kind
4    of assessments imposed by the pharmacy benefits manager on
5    pharmacies licensed in Illinois with which the pharmacy
6    benefits manager shares common ownership, management, or
7    control; or that are owned, managed, or controlled by any
8    of the pharmacy benefits manager's management companies,
9    parent companies, subsidiary companies, jointly held
10    companies, or companies otherwise affiliated by a common
11    owner, manager, or holding company; or that share any
12    common members on the board of directors; or that share
13    managers in common;
14        (6) any direct or indirect fees, charges, or any kind
15    of assessments imposed by the pharmacy benefits manager on
16    pharmacies licensed in Illinois other than those subject to
17    paragraph (5); and
18        (7) all common ownership, management, common members
19    of a board of directors, shared managers, or control of a
20    pharmacy benefits manager, or any of the pharmacy benefits
21    manager's management companies, parent companies,
22    subsidiary companies, jointly held companies, or companies
23    otherwise affiliated by a common owner, manager, or holding
24    company with any managed care organization contracted to
25    administer Medicaid benefits, any entity that contracts on
26    behalf of a pharmacy, or any pharmacy services



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1    administration organization, or any common ownership,
2    management, common members of a board of directors, shared
3    managers, or control of a pharmacy services administration
4    organization that is contracted with a pharmacy benefits
5    manager, with any drug wholesaler or distributors or any of
6    the pharmacy services administration organization,
7    management companies, parent companies, subsidiary
8    companies, jointly held companies, or companies otherwise
9    affiliated by a common owner, common members of a board of
10    directors, manager, or holding company.
11    (b) All information provided by a pharmacy benefits manager
12pursuant to this Section shall reflect data for the most recent
13full calendar year and shall be divided by quarter. This
14information shall be managed by the Department and shall be
15exempt from the Freedom of Information Act. The Department
16shall submit a report to the General Assembly annually and
17publish the report on its website on the information provided
18in this Section provided the information is presented in the
19aggregate. The report to the General Assembly shall be filed
20with the Clerk of the House of Representatives and the
21Secretary of the Senate in electronic form only, in the manner
22that the Clerk and the Secretary shall direct.
23    (c) Contract information between a pharmacy benefits
24manager and a pharmacy provider shall be exempt from the
25Freedom of Information Act.



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1    Section 25. Duties to pharmacy providers.
2    (a) A pharmacy benefits manager shall not include in a
3contract with a pharmacy provider any of the following
5        (1) a provision that prohibits the pharmacy provider
6    from informing a patient of a more affordable alternative
7    to a prescribed medication if a more affordable alternative
8    is available;
9        (2) a provision prohibiting a pharmacy provider from
10    disclosing any contract information to the Department or
11    any other government agency or an elected official; or
12        (3) a provision requiring the pharmacy provider to
13    participate in a managed care organization's provider
14    network to administer benefits under the State Employees
15    Group Insurance Act of 1971 or the Illinois Public Aid Code
16    as a condition of participation in a national pharmacy
17    provider contract.
18    (b) A pharmacy benefits manager shall be subject to the
19following requirements regarding reimbursement appeals:
20        (1) A pharmacy provider may appeal a reimbursement to a
21    pharmacy benefits manager within 60 days after the date of
22    service and the pharmacy benefits manager shall respond no
23    later than 7 days after the appeal is filed with the
24    pharmacy benefits manager. If the pharmacy benefits
25    manager fails to respond within 7 days after the appeal is
26    filed with the pharmacy benefits manager, the appeal is to



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1    be ruled in favor of the pharmacy provider.
2        (2) A pharmacy provider may appeal the remuneration
3    rate to the managed care organization within 60 days after
4    the date of service, and the managed care organization
5    shall respond no later than 7 days after the appeal is
6    filed with the managed care organization. If the managed
7    care organization fails to respond within 7 days after the
8    appeal is filed with the managed care organization, the
9    appeal is to be ruled in favor of the pharmacy provider.
10    (c) A pharmacy benefits manager that performs pharmacy
11audits or contracts with an auditing entity for the purpose of
12administering pharmacy audits shall not engage in conduct
13prohibited under Section 30. An auditing entity's conduct under
14Section 30 shall be attributed to the contracting pharmacy
15benefits manager for purposes of Section 15.
16    (d) The Department shall, by rule, develop procedures that
17provide a pharmacy provider the opportunity to file a complaint
18of violations of this Section and receive a resolution.
19    Section 30. Audits.
20    (a) As used in this Section:
21    "Auditing entity" means a person or company contracted to
22perform a pharmacy audit.
23    "Business day" means any day of the week excluding
24Saturday, Sunday, and any legal holiday, as defined in Section
2517 of the Promissory Note and Bank Holiday Act.



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1    "Covered entity" has the meaning given to it under 45 CFR
3    "Covered individual" means a member, participant,
4enrollee, or beneficiary of a covered entity, including a
5dependent or other person covered through the policy or
6contract of a covered individual.
7    "Extrapolation" means the practice of inferring a
8frequency of dollar amount of overpayments, underpayments,
9nonvalid claims, or other errors on any portion of claims
10submitted, based on the frequency of dollar amount of
11overpayments, underpayments, nonvalid claims, or other errors
12actually measured in a sample of claims.
13    "Misfill" means a prescription that was not dispensed,
14dispensing of an incorrect dose, amount, or type of medication,
15dispensing a prescription drug to the wrong person, a
16prescription in which the prescriber denied the authorization
17request, or a prescription in which an additional dispensing
18fee was charged.
19    "Pharmacy audit" means an audit conducted of any records of
20a pharmacy for prescriptions or non-proprietary drugs
21dispensed by a pharmacy to a covered individual.
22    "Pharmacy record" means any record stored electronically
23or as a hard copy by a pharmacy that relates to the provision
24of a prescription or pharmacy services or other component of
25pharmacist care that is included in the practice of pharmacy.
26    (b) When conducting a pharmacy audit on behalf of a



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1pharmacy benefits manager, an auditing entity shall:
2        (1) not conduct an on-site audit of a pharmacy at any
3    time during the first 3 business days of a month;
4        (2) notify the pharmacy or its contracting agent no
5    later than 15 days before the date of initial on-site
6    audit; the notification to the pharmacy or its contracting
7    agent shall be in writing delivered either:
8            (A) by mail or common carrier, return receipt
9        requested; or
10            (B) electronically with electronic receipt
11        confirmation, addressed to the supervising pharmacist
12        of record and pharmacy corporate office, if
13        applicable, at least 15 days before the date of an
14        initial on-site audit;
15        (3) limit the audit period to 24 months after the date
16    a claim is submitted to or adjudicated by the pharmacy
17    benefits manager;
18        (4) include in the written advance notice of an on-site
19    audit the list of specific prescription numbers to be
20    included in the audit that may or may not include the final
21    2 digits of the prescription numbers;
22        (5) use the written and verifiable records of a
23    hospital, physician, or other authorized practitioner that
24    are transmitted by any means of communication to validate
25    the pharmacy records in accordance with State and federal
26    law;



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1        (6) limit the number of prescriptions audited to no
2    more than 100 randomly selected in a 12-month period,
3    except in cases of fraud;
4        (7) provide the pharmacy or its contracting agent with
5    a copy of the preliminary audit report within 45 days after
6    the conclusion of the audit;
7        (8) be allowed to conduct a follow-up audit on-site if
8    a remote or desk audit reveals the necessity for a review
9    of additional claims;
10        (9) in the case of invoice audits, accept as validation
11    invoices from any wholesaler registered with the
12    Department of Financial and Professional Regulation from
13    which the pharmacy has purchased prescription drugs or, in
14    the case of durable medical equipment or sickroom supplies,
15    invoices from an authorized distributor other than a
16    wholesaler;
17        (10) provide the pharmacy or its contracting agent with
18    the ability to provide documentation to address a
19    discrepancy or audit finding; the documentation must be
20    received by the pharmacy benefits manager no later than the
21    45th day after the preliminary audit report was provided to
22    the pharmacy or its contracting agent; the pharmacy
23    benefits manager shall consider a reasonable request from
24    the pharmacy for an extension of time to submit
25    documentation to address or correct any findings in the
26    report;



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1        (11) provide the pharmacy or its contracting agent with
2    the final audit report no later than 60 days after the
3    preliminary audit report was provided to the pharmacy or
4    its contracting agent unless an extension was granted
5    pursuant to paragraph (10), in which case the final audit
6    report is due 30 days after the expiration of the
7    extension; and
8        (12) conduct the audit in consultation with a
9    pharmacist if the audit involves clinical or professional
10    judgment.
11    (c) Except as otherwise provided by federal or State law,
12an auditing entity conducting a pharmacy audit may have access
13to a pharmacy's previous audit report only if the report was
14prepared by that auditing entity.
15    (d) Information collected during a pharmacy audit shall be
16confidential by law, except that the auditing entity conducting
17the pharmacy audit may share the information with the covered
18entity for which a pharmacy audit is being conducted and with
19any regulatory agencies and law enforcement agencies as
20required by law.
21    (e) A pharmacy may not be subject to a charge-back or
22recoupment for a clerical or recordkeeping error in a required
23document or record, including a typographical error or computer
24error, unless the error resulted in overpayment to the
26    (f) A pharmacy shall have the right to file a written



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1appeal of a preliminary and final pharmacy audit report in
2accordance with the procedures established by the entity
3conducting the pharmacy audit.
4    (g) An auditing entity conducing a pharmacy audit may not
5charge-back, recoup, or collect penalties from a pharmacy until
6the time period to file an appeal of the final pharmacy audit
7report has passed or the appeals process has been exhausted,
8whichever is later, unless the identified discrepancy is
9expected to exceed $25,000, in which case the auditing entity
10may withhold future payments in excess of that amount until the
11final resolution of the audit.
12    (h) No interest shall accrue for any party during the audit
13period, beginning with the notice of the pharmacy audit and
14ending with the conclusion of the appeals process.
15    (i) The auditing entity may not compensate the employee or
16contractor conducting the audit based on a percentage of the
17amount claimed or recouped pursuant to the audit.
18    (j) The auditing entity may not use extrapolation to
19calculate penalties or amounts to be charged back or recouped
20unless otherwise required by federal law or regulation. Any
21amount to be charged back or recouped due to overpayment may
22not exceed the amount the pharmacy was overpaid.
23    (k) The auditing entity may not include dispensing fees in
24the calculation of overpayments unless a prescription is
25considered a misfill.
26    (l) An auditing entity shall conduct a pharmacy audit under



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1the same standards and parameters as conducted for other
2similarly situated pharmacies audited by the auditing entity.
3    (m) Any claim that was retroactively denied for a clerical
4error, typographical error, scrivener's error, or computer
5error shall be paid if the prescription was properly and
6correctly dispensed, unless a pattern of such errors exists,
7fraudulent billing is alleged, or the error results in actual
8financial loss to the entity. A clerical error is an error that
9does not result in actual financial harm to the covered entity
10or consumer and does not include the dispensing of an incorrect
11dose, amount or type of medication, or dispensing a
12prescription drug to the wrong person.
13    (n) This Section does not apply to:
14        (1) audits in which suspected fraudulent activity or
15    other intentional or willful misrepresentation is
16    evidenced by a physical review, review of claims data or
17    statements, or other investigative methods; or
18        (2) concurrent reviews or desk audits that occur within
19    3 business days after transmission of a claim and where no
20    charge-back or recoupment is demanded.
21    Section 35. Rulemaking. No later than 90 days after the
22effective date of this Act, the Department shall adopt rules
23necessary to implement the provisions of this Act.
24    Section 90. The Freedom of Information Act is amended by



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1changing Section 7 as follows:
2    (5 ILCS 140/7)  (from Ch. 116, par. 207)
3    Sec. 7. Exemptions.
4    (1) When a request is made to inspect or copy a public
5record that contains information that is exempt from disclosure
6under this Section, but also contains information that is not
7exempt from disclosure, the public body may elect to redact the
8information that is exempt. The public body shall make the
9remaining information available for inspection and copying.
10Subject to this requirement, the following shall be exempt from
11inspection and copying:
12        (a) Information specifically prohibited from
13    disclosure by federal or State law or rules and regulations
14    implementing federal or State law.
15        (b) Private information, unless disclosure is required
16    by another provision of this Act, a State or federal law or
17    a court order.
18        (b-5) Files, documents, and other data or databases
19    maintained by one or more law enforcement agencies and
20    specifically designed to provide information to one or more
21    law enforcement agencies regarding the physical or mental
22    status of one or more individual subjects.
23        (c) Personal information contained within public
24    records, the disclosure of which would constitute a clearly
25    unwarranted invasion of personal privacy, unless the



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1    disclosure is consented to in writing by the individual
2    subjects of the information. "Unwarranted invasion of
3    personal privacy" means the disclosure of information that
4    is highly personal or objectionable to a reasonable person
5    and in which the subject's right to privacy outweighs any
6    legitimate public interest in obtaining the information.
7    The disclosure of information that bears on the public
8    duties of public employees and officials shall not be
9    considered an invasion of personal privacy.
10        (d) Records in the possession of any public body
11    created in the course of administrative enforcement
12    proceedings, and any law enforcement or correctional
13    agency for law enforcement purposes, but only to the extent
14    that disclosure would:
15            (i) interfere with pending or actually and
16        reasonably contemplated law enforcement proceedings
17        conducted by any law enforcement or correctional
18        agency that is the recipient of the request;
19            (ii) interfere with active administrative
20        enforcement proceedings conducted by the public body
21        that is the recipient of the request;
22            (iii) create a substantial likelihood that a
23        person will be deprived of a fair trial or an impartial
24        hearing;
25            (iv) unavoidably disclose the identity of a
26        confidential source, confidential information



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1        furnished only by the confidential source, or persons
2        who file complaints with or provide information to
3        administrative, investigative, law enforcement, or
4        penal agencies; except that the identities of
5        witnesses to traffic accidents, traffic accident
6        reports, and rescue reports shall be provided by
7        agencies of local government, except when disclosure
8        would interfere with an active criminal investigation
9        conducted by the agency that is the recipient of the
10        request;
11            (v) disclose unique or specialized investigative
12        techniques other than those generally used and known or
13        disclose internal documents of correctional agencies
14        related to detection, observation or investigation of
15        incidents of crime or misconduct, and disclosure would
16        result in demonstrable harm to the agency or public
17        body that is the recipient of the request;
18            (vi) endanger the life or physical safety of law
19        enforcement personnel or any other person; or
20            (vii) obstruct an ongoing criminal investigation
21        by the agency that is the recipient of the request.
22        (d-5) A law enforcement record created for law
23    enforcement purposes and contained in a shared electronic
24    record management system if the law enforcement agency that
25    is the recipient of the request did not create the record,
26    did not participate in or have a role in any of the events



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1    which are the subject of the record, and only has access to
2    the record through the shared electronic record management
3    system.
4        (e) Records that relate to or affect the security of
5    correctional institutions and detention facilities.
6        (e-5) Records requested by persons committed to the
7    Department of Corrections or a county jail if those
8    materials are available in the library of the correctional
9    facility or jail where the inmate is confined.
10        (e-6) Records requested by persons committed to the
11    Department of Corrections or a county jail if those
12    materials include records from staff members' personnel
13    files, staff rosters, or other staffing assignment
14    information.
15        (e-7) Records requested by persons committed to the
16    Department of Corrections if those materials are available
17    through an administrative request to the Department of
18    Corrections.
19        (e-8) Records requested by a person committed to the
20    Department of Corrections or a county jail, the disclosure
21    of which would result in the risk of harm to any person or
22    the risk of an escape from a jail or correctional
23    institution or facility.
24        (e-9) Records requested by a person in a county jail or
25    committed to the Department of Corrections containing
26    personal information pertaining to the person's victim or



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1    the victim's family, including, but not limited to, a
2    victim's home address, home telephone number, work or
3    school address, work telephone number, social security
4    number, or any other identifying information, except as may
5    be relevant to a requester's current or potential case or
6    claim.
7        (e-10) Law enforcement records of other persons
8    requested by a person committed to the Department of
9    Corrections or a county jail, including, but not limited
10    to, arrest and booking records, mug shots, and crime scene
11    photographs, except as these records may be relevant to the
12    requester's current or potential case or claim.
13        (f) Preliminary drafts, notes, recommendations,
14    memoranda and other records in which opinions are
15    expressed, or policies or actions are formulated, except
16    that a specific record or relevant portion of a record
17    shall not be exempt when the record is publicly cited and
18    identified by the head of the public body. The exemption
19    provided in this paragraph (f) extends to all those records
20    of officers and agencies of the General Assembly that
21    pertain to the preparation of legislative documents.
22        (g) Trade secrets and commercial or financial
23    information obtained from a person or business where the
24    trade secrets or commercial or financial information are
25    furnished under a claim that they are proprietary,
26    privileged or confidential, and that disclosure of the



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1    trade secrets or commercial or financial information would
2    cause competitive harm to the person or business, and only
3    insofar as the claim directly applies to the records
4    requested.
5        The information included under this exemption includes
6    all trade secrets and commercial or financial information
7    obtained by a public body, including a public pension fund,
8    from a private equity fund or a privately held company
9    within the investment portfolio of a private equity fund as
10    a result of either investing or evaluating a potential
11    investment of public funds in a private equity fund. The
12    exemption contained in this item does not apply to the
13    aggregate financial performance information of a private
14    equity fund, nor to the identity of the fund's managers or
15    general partners. The exemption contained in this item does
16    not apply to the identity of a privately held company
17    within the investment portfolio of a private equity fund,
18    unless the disclosure of the identity of a privately held
19    company may cause competitive harm.
20        Nothing contained in this paragraph (g) shall be
21    construed to prevent a person or business from consenting
22    to disclosure.
23        (h) Proposals and bids for any contract, grant, or
24    agreement, including information which if it were
25    disclosed would frustrate procurement or give an advantage
26    to any person proposing to enter into a contractor



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1    agreement with the body, until an award or final selection
2    is made. Information prepared by or for the body in
3    preparation of a bid solicitation shall be exempt until an
4    award or final selection is made.
5        (i) Valuable formulae, computer geographic systems,
6    designs, drawings and research data obtained or produced by
7    any public body when disclosure could reasonably be
8    expected to produce private gain or public loss. The
9    exemption for "computer geographic systems" provided in
10    this paragraph (i) does not extend to requests made by news
11    media as defined in Section 2 of this Act when the
12    requested information is not otherwise exempt and the only
13    purpose of the request is to access and disseminate
14    information regarding the health, safety, welfare, or
15    legal rights of the general public.
16        (j) The following information pertaining to
17    educational matters:
18            (i) test questions, scoring keys and other
19        examination data used to administer an academic
20        examination;
21            (ii) information received by a primary or
22        secondary school, college, or university under its
23        procedures for the evaluation of faculty members by
24        their academic peers;
25            (iii) information concerning a school or
26        university's adjudication of student disciplinary



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1        cases, but only to the extent that disclosure would
2        unavoidably reveal the identity of the student; and
3            (iv) course materials or research materials used
4        by faculty members.
5        (k) Architects' plans, engineers' technical
6    submissions, and other construction related technical
7    documents for projects not constructed or developed in
8    whole or in part with public funds and the same for
9    projects constructed or developed with public funds,
10    including but not limited to power generating and
11    distribution stations and other transmission and
12    distribution facilities, water treatment facilities,
13    airport facilities, sport stadiums, convention centers,
14    and all government owned, operated, or occupied buildings,
15    but only to the extent that disclosure would compromise
16    security.
17        (l) Minutes of meetings of public bodies closed to the
18    public as provided in the Open Meetings Act until the
19    public body makes the minutes available to the public under
20    Section 2.06 of the Open Meetings Act.
21        (m) Communications between a public body and an
22    attorney or auditor representing the public body that would
23    not be subject to discovery in litigation, and materials
24    prepared or compiled by or for a public body in
25    anticipation of a criminal, civil or administrative
26    proceeding upon the request of an attorney advising the



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1    public body, and materials prepared or compiled with
2    respect to internal audits of public bodies.
3        (n) Records relating to a public body's adjudication of
4    employee grievances or disciplinary cases; however, this
5    exemption shall not extend to the final outcome of cases in
6    which discipline is imposed.
7        (o) Administrative or technical information associated
8    with automated data processing operations, including but
9    not limited to software, operating protocols, computer
10    program abstracts, file layouts, source listings, object
11    modules, load modules, user guides, documentation
12    pertaining to all logical and physical design of
13    computerized systems, employee manuals, and any other
14    information that, if disclosed, would jeopardize the
15    security of the system or its data or the security of
16    materials exempt under this Section.
17        (p) Records relating to collective negotiating matters
18    between public bodies and their employees or
19    representatives, except that any final contract or
20    agreement shall be subject to inspection and copying.
21        (q) Test questions, scoring keys, and other
22    examination data used to determine the qualifications of an
23    applicant for a license or employment.
24        (r) The records, documents, and information relating
25    to real estate purchase negotiations until those
26    negotiations have been completed or otherwise terminated.



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1    With regard to a parcel involved in a pending or actually
2    and reasonably contemplated eminent domain proceeding
3    under the Eminent Domain Act, records, documents and
4    information relating to that parcel shall be exempt except
5    as may be allowed under discovery rules adopted by the
6    Illinois Supreme Court. The records, documents and
7    information relating to a real estate sale shall be exempt
8    until a sale is consummated.
9        (s) Any and all proprietary information and records
10    related to the operation of an intergovernmental risk
11    management association or self-insurance pool or jointly
12    self-administered health and accident cooperative or pool.
13    Insurance or self insurance (including any
14    intergovernmental risk management association or self
15    insurance pool) claims, loss or risk management
16    information, records, data, advice or communications.
17        (t) Information contained in or related to
18    examination, operating, or condition reports prepared by,
19    on behalf of, or for the use of a public body responsible
20    for the regulation or supervision of financial
21    institutions or insurance companies, unless disclosure is
22    otherwise required by State law.
23        (u) Information that would disclose or might lead to
24    the disclosure of secret or confidential information,
25    codes, algorithms, programs, or private keys intended to be
26    used to create electronic or digital signatures under the



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1    Electronic Commerce Security Act.
2        (v) Vulnerability assessments, security measures, and
3    response policies or plans that are designed to identify,
4    prevent, or respond to potential attacks upon a community's
5    population or systems, facilities, or installations, the
6    destruction or contamination of which would constitute a
7    clear and present danger to the health or safety of the
8    community, but only to the extent that disclosure could
9    reasonably be expected to jeopardize the effectiveness of
10    the measures or the safety of the personnel who implement
11    them or the public. Information exempt under this item may
12    include such things as details pertaining to the
13    mobilization or deployment of personnel or equipment, to
14    the operation of communication systems or protocols, or to
15    tactical operations.
16        (w) (Blank).
17        (x) Maps and other records regarding the location or
18    security of generation, transmission, distribution,
19    storage, gathering, treatment, or switching facilities
20    owned by a utility, by a power generator, or by the
21    Illinois Power Agency.
22        (y) Information contained in or related to proposals,
23    bids, or negotiations related to electric power
24    procurement under Section 1-75 of the Illinois Power Agency
25    Act and Section 16-111.5 of the Public Utilities Act that
26    is determined to be confidential and proprietary by the



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1    Illinois Power Agency or by the Illinois Commerce
2    Commission.
3        (z) Information about students exempted from
4    disclosure under Sections 10-20.38 or 34-18.29 of the
5    School Code, and information about undergraduate students
6    enrolled at an institution of higher education exempted
7    from disclosure under Section 25 of the Illinois Credit
8    Card Marketing Act of 2009.
9        (aa) Information the disclosure of which is exempted
10    under the Viatical Settlements Act of 2009.
11        (bb) Records and information provided to a mortality
12    review team and records maintained by a mortality review
13    team appointed under the Department of Juvenile Justice
14    Mortality Review Team Act.
15        (cc) Information regarding interments, entombments, or
16    inurnments of human remains that are submitted to the
17    Cemetery Oversight Database under the Cemetery Care Act or
18    the Cemetery Oversight Act, whichever is applicable.
19        (dd) Correspondence and records (i) that may not be
20    disclosed under Section 11-9 of the Illinois Public Aid
21    Code or (ii) that pertain to appeals under Section 11-8 of
22    the Illinois Public Aid Code.
23        (ee) The names, addresses, or other personal
24    information of persons who are minors and are also
25    participants and registrants in programs of park
26    districts, forest preserve districts, conservation



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1    districts, recreation agencies, and special recreation
2    associations.
3        (ff) The names, addresses, or other personal
4    information of participants and registrants in programs of
5    park districts, forest preserve districts, conservation
6    districts, recreation agencies, and special recreation
7    associations where such programs are targeted primarily to
8    minors.
9        (gg) Confidential information described in Section
10    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
11        (hh) The report submitted to the State Board of
12    Education by the School Security and Standards Task Force
13    under item (8) of subsection (d) of Section 2-3.160 of the
14    School Code and any information contained in that report.
15        (ii) Records requested by persons committed to or
16    detained by the Department of Human Services under the
17    Sexually Violent Persons Commitment Act or committed to the
18    Department of Corrections under the Sexually Dangerous
19    Persons Act if those materials: (i) are available in the
20    library of the facility where the individual is confined;
21    (ii) include records from staff members' personnel files,
22    staff rosters, or other staffing assignment information;
23    or (iii) are available through an administrative request to
24    the Department of Human Services or the Department of
25    Corrections.
26        (jj) Confidential information described in Section



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1    5-535 of the Civil Administrative Code of Illinois.
2        (kk) Information described in Section 20 of the
3    Pharmacy Benefits Manager Licensing Act.
4    (1.5) Any information exempt from disclosure under the
5Judicial Privacy Act shall be redacted from public records
6prior to disclosure under this Act.
7    (2) A public record that is not in the possession of a
8public body but is in the possession of a party with whom the
9agency has contracted to perform a governmental function on
10behalf of the public body, and that directly relates to the
11governmental function and is not otherwise exempt under this
12Act, shall be considered a public record of the public body,
13for purposes of this Act.
14    (3) This Section does not authorize withholding of
15information or limit the availability of records to the public,
16except as stated in this Section or otherwise provided in this
18(Source: P.A. 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; 99-642,
19eff. 7-28-16; 100-26, eff. 8-4-17; 100-201, eff. 8-18-17.)
20    Section 99. Effective date. This Act takes effect January
211, 2019.".