HB3479sam005 100TH GENERAL ASSEMBLY

Sen. Andy Manar

Filed: 5/25/2018

10000HB3479sam005 LRB100 10189 SMS 40812 a

AMENDMENT TO HOUSE BILL 3479

AMENDMENT NO. ______. Amend House Bill 3479 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Pharmacy Benefits Manager Licensing Act.

Section 5. Definitions. As used in this Act:

"Average reimbursement" means a statistical methodology selected by the Department through any rules adopted pursuant to this Section that shall include, at a minimum, the median and mean.

"Department" means the Department of Insurance.

"Director" means the Director of Insurance.

"Person beneficially interested", with respect to an applicant for a pharmacy benefits manager license, means:

(1) if the applicant is a partnership or other unincorporated association, each partner or member;

(2) if the applicant is a corporation, each of its officers, directors, and stockholders, except that a natural person shall not be deemed to be beneficially interested in a nonprofit corporation; or

(3) if the applicant is a limited liability company, each officer, manager, or member.

"Pharmacist" has the meaning given to the term in the Pharmacy Practice Act.

"Pharmacy" has the meaning given to the term in the Pharmacy Practice Act.

"Pharmacy benefits manager" means a person, business, or other entity that, pursuant to a contract or under an employment relationship with a plan sponsor, insurer, or other third-party payer, either directly or through an intermediary, manages the prescription drug coverage provided by the plan sponsor, insurer, or other third-party payer, including, but not limited to, the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to prescription drug coverage, contracting with network pharmacies, and controlling the cost of covered prescription drugs.

"Pharmacy provider" means a pharmacy or pharmacist.

"Proprietary information" means information on pricing, costs, revenue, taxes, market share, negotiating strategies, customers, and personnel that is held by a pharmacy benefits manager and used for its business purposes.

Section 10. Pharmacy benefits manager licensing requirements.

(a) A pharmacy benefits manager shall be licensed by the Department before conducting business in this State.

(b) A pharmacy benefits manager license under this Section is not transferable.

(c) The Department shall develop, by rule, application forms for pharmacy benefits manager licensure. The application form for the pharmacy benefits manager license shall require the pharmacy benefits manager to submit all of the following information to the Department:

(1) the name of the pharmacy benefits manager;

(2) the address and contact telephone number for the pharmacy benefits manager;

(3) the name and address of the pharmacy benefits manager's agent for service of process in this State;

(4) the name and address of each person beneficially interested in the pharmacy benefits manager; and

(5) the name and address of each person with management or control over the pharmacy benefits manager.

(d) If the applicant is a partnership or other unincorporated association, a limited liability company, or a corporation and the number of partners, members, or stockholders, as the case may be, exceeds 5, the application shall so state and shall further state the name, address, usual occupation, and professional qualifications of each of the 5 partners, members, or stockholders who own the 5 largest interests in the applicant entity. Upon request by the Department, the applicant shall furnish the Department with the name, address, usual occupation, and professional qualifications of partners, members, or stockholders not named in the application or shall refer the Department to an appropriate source of that information.

(e) The application shall contain a statement to the effect that the applicant has not been convicted of a felony and has not violated any of the provisions of this Act. If the applicant cannot make this statement, the application shall contain a statement of the violation, if any, or reasons that prevent the applicant from being able to comply with the requirements with respect to the statement.

(f) Within 30 days after a change in any of the information disclosed to the Department on an application for licensure, the pharmacy benefits manager shall notify the Department of that change in writing.

(g) The Department may, by rule, set a fee for the license issued under this Act. The fee shall not exceed the actual costs incurred by the Department in carrying out its duties under this Act.

Section 15. Discipline; grounds.

(a) The Director may refuse to issue, restore, or remove or may revoke, suspend, or place on probation a pharmacy benefits manager's license under any of the following circumstances:

(1) The pharmacy benefits manager has engaged in fraudulent activity that constitutes a violation of State or federal law.

(2) The Department has received consumer complaints that justify an action under this Section in order to protect the safety and interests of consumers.

(3) The pharmacy benefits manager fails to pay an application fee for the license.

(4) The pharmacy benefits manager fails to comply with a requirement set forth in Section 20 or 25.

(b) The Department shall, by rule, develop procedures that provide a pharmacy benefits manager subject to discipline under subsection (a) with reasonable notice of, and an opportunity to respond to, the Department before taking that action.

Section 20. Transparency requirements.

(a) A pharmacy benefits manager contracting with a managed care organization to administer benefits provided under the State Employees Group Insurance Act of 1971 or the Illinois Public Aid Code shall provide the following information to the Department no later than March 31, 2019 and for each year thereafter for the previous calendar year that the pharmacy benefits manager is contracted with a managed care organization to administer benefits:

(1) the total amount paid to the pharmacy benefits manager by a managed care organization to administer benefits for each contract under which the pharmacy benefits manager is contracted to administer benefits under the State Employees Group Insurance Act of 1971 or the Illinois Public Aid Code;

(2) the total amount paid in reimbursements to pharmacies licensed in Illinois for each contract under which the pharmacy benefits manager is contracted to administer benefits under the State Employees Group Insurance Act of 1971 or the Illinois Public Aid Code;

(3) the average reimbursement per contract by drug ingredient cost, dispensing fee, and any other fee paid by a pharmacy benefits manager to licensed pharmacies with which the pharmacy benefits manager shares common ownership, management, or control; or that are owned, managed, or collected by any of the pharmacy benefits manager's management companies, parent companies, subsidiary companies, jointly held companies, or companies otherwise affiliated by a common owner, manager, or holding company; or that share any common members on the board of directors; or that share managers in common;

(4) the average reimbursement per contract by drug ingredient cost, dispensing fee, and any other fee, paid by a pharmacy benefits manager to pharmacies licensed in Illinois other than those subject to paragraph (3);

(5) any direct or indirect fees, charges, or any kind of assessments imposed by the pharmacy benefits manager on pharmacies licensed in Illinois with which the pharmacy benefits manager shares common ownership, management, or control; or that are owned, managed, or controlled by any of the pharmacy benefits manager's management companies, parent companies, subsidiary companies, jointly held companies, or companies otherwise affiliated by a common owner, manager, or holding company; or that share any common members on the board of directors; or that share managers in common;

(6) any direct or indirect fees, charges, or any kind of assessments imposed by the pharmacy benefits manager on pharmacies licensed in Illinois other than those subject to paragraph (5); and

(7) all common ownership, management, common members of a board of directors, shared managers, or control of a pharmacy benefits manager, or any of the pharmacy benefits manager's management companies, parent companies, subsidiary companies, jointly held companies, or companies otherwise affiliated by a common owner, manager, or holding company with any managed care organization contracted to administer Medicaid benefits, any entity that contracts on behalf of a pharmacy, or any pharmacy services administration organization, or any common ownership, management, common members of a board of directors, shared managers, or control of a pharmacy services administration organization that is contracted with a pharmacy benefits manager, with any drug wholesaler or distributors or any of the pharmacy services administration organization, management companies, parent companies, subsidiary companies, jointly held companies, or companies otherwise affiliated by a common owner, common members of a board of directors, manager, or holding company.

(b) All information provided by a pharmacy benefits manager pursuant to this Section shall reflect data for the most recent full calendar year and shall be divided by quarter. This information shall be managed by the Department and shall be exempt from the Freedom of Information Act. The Department shall submit a report to the General Assembly annually and publish the report on its website on the information provided in this Section provided the information is presented in the aggregate. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct.

(c) Contract information between a pharmacy benefits manager and a pharmacy provider shall be exempt from the Freedom of Information Act.

Section 25. Duties to pharmacy providers.

(a) A pharmacy benefits manager shall not include in a contract with a pharmacy provider any of the following provisions:

(1) a provision that prohibits the pharmacy provider from informing a patient of a more affordable alternative to a prescribed medication if a more affordable alternative is available;

(2) a provision prohibiting a pharmacy provider from disclosing any contract information to the Department or any other government agency or an elected official; or

(3) a provision requiring the pharmacy provider to participate in a managed care organization's provider network to administer benefits under the State Employees Group Insurance Act of 1971 or the Illinois Public Aid Code as a condition of participation in a national pharmacy provider contract.

(b) A pharmacy benefits manager shall be subject to the following requirements regarding reimbursement appeals:

(1) A pharmacy provider may appeal a reimbursement to a pharmacy benefits manager within 60 days after the date of service and the pharmacy benefits manager shall respond no later than 7 days after the appeal is filed with the pharmacy benefits manager. If the pharmacy benefits manager fails to respond within 7 days after the appeal is filed with the pharmacy benefits manager, the appeal is to be ruled in favor of the pharmacy provider.

(2) A pharmacy provider may appeal the remuneration rate to the managed care organization within 60 days after the date of service, and the managed care organization shall respond no later than 7 days after the appeal is filed with the managed care organization. If the managed care organization fails to respond within 7 days after the appeal is filed with the managed care organization, the appeal is to be ruled in favor of the pharmacy provider.

(c) A pharmacy benefits manager that performs pharmacy audits or contracts with an auditing entity for the purpose of administering pharmacy audits shall not engage in conduct prohibited under Section 30. An auditing entity's conduct under Section 30 shall be attributed to the contracting pharmacy benefits manager for purposes of Section 15.

(d) The Department shall, by rule, develop procedures that provide a pharmacy provider the opportunity to file a complaint of violations of this Section and receive a resolution.

Section 30. Audits.

(a) As used in this Section:

"Auditing entity" means a person or company contracted to perform a pharmacy audit.

"Business day" means any day of the week excluding Saturday, Sunday, and any legal holiday, as defined in Section 17 of the Promissory Note and Bank Holiday Act.

"Covered entity" has the meaning given to it under 45 CFR 160.103.

"Covered individual" means a member, participant, enrollee, or beneficiary of a covered entity, including a dependent or other person covered through the policy or contract of a covered individual.

"Extrapolation" means the practice of inferring a frequency of dollar amount of overpayments, underpayments, nonvalid claims, or other errors on any portion of claims submitted, based on the frequency of dollar amount of overpayments, underpayments, nonvalid claims, or other errors actually measured in a sample of claims.

"Misfill" means a prescription that was not dispensed, dispensing of an incorrect dose, amount, or type of medication, dispensing a prescription drug to the wrong person, a prescription in which the prescriber denied the authorization request, or a prescription in which an additional dispensing fee was charged.

"Pharmacy audit" means an audit conducted of any records of a pharmacy for prescriptions or non-proprietary drugs dispensed by a pharmacy to a covered individual.

"Pharmacy record" means any record stored electronically or as a hard copy by a pharmacy that relates to the provision of a prescription or pharmacy services or other component of pharmacist care that is included in the practice of pharmacy.

(b) When conducting a pharmacy audit on behalf of a pharmacy benefits manager, an auditing entity shall:

(1) not conduct an on-site audit of a pharmacy at any time during the first 3 business days of a month;

(2) notify the pharmacy or its contracting agent no later than 15 days before the date of initial on-site audit; the notification to the pharmacy or its contracting agent shall be in writing delivered either:

(A) by mail or common carrier, return receipt requested; or

(B) electronically with electronic receipt confirmation, addressed to the supervising pharmacist of record and pharmacy corporate office, if applicable, at least 15 days before the date of an initial on-site audit;

(3) limit the audit period to 24 months after the date a claim is submitted to or adjudicated by the pharmacy benefits manager;

(4) include in the written advance notice of an on-site audit the list of specific prescription numbers to be included in the audit that may or may not include the final 2 digits of the prescription numbers;

(5) use the written and verifiable records of a hospital, physician, or other authorized practitioner that are transmitted by any means of communication to validate the pharmacy records in accordance with State and federal law;

(6) limit the number of prescriptions audited to no more than 100 randomly selected in a 12-month period, except in cases of fraud;

(7) provide the pharmacy or its contracting agent with a copy of the preliminary audit report within 45 days after the conclusion of the audit;

(8) be allowed to conduct a follow-up audit on-site if a remote or desk audit reveals the necessity for a review of additional claims;

(9) in the case of invoice audits, accept as validation invoices from any wholesaler registered with the Department of Financial and Professional Regulation from which the pharmacy has purchased prescription drugs or, in the case of durable medical equipment or sickroom supplies, invoices from an authorized distributor other than a wholesaler;

(10) provide the pharmacy or its contracting agent with the ability to provide documentation to address a discrepancy or audit finding; the documentation must be received by the pharmacy benefits manager no later than the 45th day after the preliminary audit report was provided to the pharmacy or its contracting agent; the pharmacy benefits manager shall consider a reasonable request from the pharmacy for an extension of time to submit documentation to address or correct any findings in the report;

(11) provide the pharmacy or its contracting agent with the final audit report no later than 60 days after the preliminary audit report was provided to the pharmacy or its contracting agent unless an extension was granted pursuant to paragraph (10), in which case the final audit report is due 30 days after the expiration of the extension; and

(12) conduct the audit in consultation with a pharmacist if the audit involves clinical or professional judgment.

(c) Except as otherwise provided by federal or State law, an auditing entity conducting a pharmacy audit may have access to a pharmacy's previous audit report only if the report was prepared by that auditing entity.

(d) Information collected during a pharmacy audit shall be confidential by law, except that the auditing entity conducting the pharmacy audit may share the information with the covered entity for which a pharmacy audit is being conducted and with any regulatory agencies and law enforcement agencies as required by law.

(e) A pharmacy may not be subject to a charge-back or recoupment for a clerical or recordkeeping error in a required document or record, including a typographical error or computer error, unless the error resulted in overpayment to the pharmacy.

(f) A pharmacy shall have the right to file a written appeal of a preliminary and final pharmacy audit report in accordance with the procedures established by the entity conducting the pharmacy audit.

(g) An auditing entity conducing a pharmacy audit may not charge-back, recoup, or collect penalties from a pharmacy until the time period to file an appeal of the final pharmacy audit report has passed or the appeals process has been exhausted, whichever is later, unless the identified discrepancy is expected to exceed $25,000, in which case the auditing entity may withhold future payments in excess of that amount until the final resolution of the audit.

(h) No interest shall accrue for any party during the audit period, beginning with the notice of the pharmacy audit and ending with the conclusion of the appeals process.

(i) The auditing entity may not compensate the employee or contractor conducting the audit based on a percentage of the amount claimed or recouped pursuant to the audit.

(j) The auditing entity may not use extrapolation to calculate penalties or amounts to be charged back or recouped unless otherwise required by federal law or regulation. Any amount to be charged back or recouped due to overpayment may not exceed the amount the pharmacy was overpaid.

(k) The auditing entity may not include dispensing fees in the calculation of overpayments unless a prescription is considered a misfill.

(l) An auditing entity shall conduct a pharmacy audit under the same standards and parameters as conducted for other similarly situated pharmacies audited by the auditing entity.

(m) Any claim that was retroactively denied for a clerical error, typographical error, scrivener's error, or computer error shall be paid if the prescription was properly and correctly dispensed, unless a pattern of such errors exists, fraudulent billing is alleged, or the error results in actual financial loss to the entity. A clerical error is an error that does not result in actual financial harm to the covered entity or consumer and does not include the dispensing of an incorrect dose, amount or type of medication, or dispensing a prescription drug to the wrong person.

(n) This Section does not apply to:

(1) audits in which suspected fraudulent activity or other intentional or willful misrepresentation is evidenced by a physical review, review of claims data or statements, or other investigative methods; or

(2) concurrent reviews or desk audits that occur within 3 business days after transmission of a claim and where no charge-back or recoupment is demanded.

Section 35. Rulemaking. No later than 90 days after the effective date of this Act, the Department shall adopt rules necessary to implement the provisions of this Act.

Section 90. The Freedom of Information Act is amended by changing Section 7 as follows:

(5 ILCS 140/7) (from Ch. 116, par. 207)

Sec. 7. Exemptions.

(1) When a request is made to inspect or copy a public record that contains information that is exempt from disclosure under this Section, but also contains information that is not exempt from disclosure, the public body may elect to redact the information that is exempt. The public body shall make the remaining information available for inspection and copying. Subject to this requirement, the following shall be exempt from inspection and copying:

(a) Information specifically prohibited from disclosure by federal or State law or rules and regulations implementing federal or State law.

(b) Private information, unless disclosure is required by another provision of this Act, a State or federal law or a court order.

(b-5) Files, documents, and other data or databases maintained by one or more law enforcement agencies and specifically designed to provide information to one or more law enforcement agencies regarding the physical or mental status of one or more individual subjects.

(c) Personal information contained within public records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. "Unwarranted invasion of personal privacy" means the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject's right to privacy outweighs any legitimate public interest in obtaining the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy.

(d) Records in the possession of any public body created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes, but only to the extent that disclosure would:

(i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency that is the recipient of the request;

(ii) interfere with active administrative enforcement proceedings conducted by the public body that is the recipient of the request;

(iii) create a substantial likelihood that a person will be deprived of a fair trial or an impartial hearing;

(iv) unavoidably disclose the identity of a confidential source, confidential information furnished only by the confidential source, or persons who file complaints with or provide information to administrative, investigative, law enforcement, or penal agencies; except that the identities of witnesses to traffic accidents, traffic accident reports, and rescue reports shall be provided by agencies of local government, except when disclosure would interfere with an active criminal investigation conducted by the agency that is the recipient of the request;

(v) disclose unique or specialized investigative techniques other than those generally used and known or disclose internal documents of correctional agencies related to detection, observation or investigation of incidents of crime or misconduct, and disclosure would result in demonstrable harm to the agency or public body that is the recipient of the request;

(vi) endanger the life or physical safety of law enforcement personnel or any other person; or

(vii) obstruct an ongoing criminal investigation by the agency that is the recipient of the request.

(d-5) A law enforcement record created for law enforcement purposes and contained in a shared electronic record management system if the law enforcement agency that is the recipient of the request did not create the record, did not participate in or have a role in any of the events which are the subject of the record, and only has access to the record through the shared electronic record management system.

(e) Records that relate to or affect the security of correctional institutions and detention facilities.

(e-5) Records requested by persons committed to the Department of Corrections or a county jail if those materials are available in the library of the correctional facility or jail where the inmate is confined.

(e-6) Records requested by persons committed to the Department of Corrections or a county jail if those materials include records from staff members' personnel files, staff rosters, or other staffing assignment information.

(e-7) Records requested by persons committed to the Department of Corrections if those materials are available through an administrative request to the Department of Corrections.

(e-8) Records requested by a person committed to the Department of Corrections or a county jail, the disclosure of which would result in the risk of harm to any person or the risk of an escape from a jail or correctional institution or facility.

(e-9) Records requested by a person in a county jail or committed to the Department of Corrections containing personal information pertaining to the person's victim or the victim's family, including, but not limited to, a victim's home address, home telephone number, work or school address, work telephone number, social security number, or any other identifying information, except as may be relevant to a requester's current or potential case or claim.

(e-10) Law enforcement records of other persons requested by a person committed to the Department of Corrections or a county jail, including, but not limited to, arrest and booking records, mug shots, and crime scene photographs, except as these records may be relevant to the requester's current or potential case or claim.

(f) Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body. The exemption provided in this paragraph (f) extends to all those records of officers and agencies of the General Assembly that pertain to the preparation of legislative documents.

(g) Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business, and only insofar as the claim directly applies to the records requested.

The information included under this exemption includes all trade secrets and commercial or financial information obtained by a public body, including a public pension fund, from a private equity fund or a privately held company within the investment portfolio of a private equity fund as a result of either investing or evaluating a potential investment of public funds in a private equity fund. The exemption contained in this item does not apply to the aggregate financial performance information of a private equity fund, nor to the identity of the fund's managers or general partners. The exemption contained in this item does not apply to the identity of a privately held company within the investment portfolio of a private equity fund, unless the disclosure of the identity of a privately held company may cause competitive harm.

Nothing contained in this paragraph (g) shall be construed to prevent a person or business from consenting to disclosure.

(h) Proposals and bids for any contract, grant, or agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person proposing to enter into a contractor agreement with the body, until an award or final selection is made. Information prepared by or for the body in preparation of a bid solicitation shall be exempt until an award or final selection is made.

(i) Valuable formulae, computer geographic systems, designs, drawings and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss. The exemption for "computer geographic systems" provided in this paragraph (i) does not extend to requests made by news media as defined in Section 2 of this Act when the requested information is not otherwise exempt and the only purpose of the request is to access and disseminate information regarding the health, safety, welfare, or legal rights of the general public.

(j) The following information pertaining to educational matters:

(i) test questions, scoring keys and other examination data used to administer an academic examination;

(ii) information received by a primary or secondary school, college, or university under its procedures for the evaluation of faculty members by their academic peers;

(iii) information concerning a school or university's adjudication of student disciplinary cases, but only to the extent that disclosure would unavoidably reveal the identity of the student; and

(iv) course materials or research materials used by faculty members.

(k) Architects' plans, engineers' technical submissions, and other construction related technical documents for projects not constructed or developed in whole or in part with public funds and the same for projects constructed or developed with public funds, including but not limited to power generating and distribution stations and other transmission and distribution facilities, water treatment facilities, airport facilities, sport stadiums, convention centers, and all government owned, operated, or occupied buildings, but only to the extent that disclosure would compromise security.

(l) Minutes of meetings of public bodies closed to the public as provided in the Open Meetings Act until the public body makes the minutes available to the public under Section 2.06 of the Open Meetings Act.

(m) Communications between a public body and an attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies.

(n) Records relating to a public body's adjudication of employee grievances or disciplinary cases; however, this exemption shall not extend to the final outcome of cases in which discipline is imposed.

(o) Administrative or technical information associated with automated data processing operations, including but not limited to software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials exempt under this Section.

(p) Records relating to collective negotiating matters between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying.

(q) Test questions, scoring keys, and other examination data used to determine the qualifications of an applicant for a license or employment.

(r) The records, documents, and information relating to real estate purchase negotiations until those negotiations have been completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under the Eminent Domain Act, records, documents and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records, documents and information relating to a real estate sale shall be exempt until a sale is consummated.

(s) Any and all proprietary information and records related to the operation of an intergovernmental risk management association or self-insurance pool or jointly self-administered health and accident cooperative or pool. Insurance or self insurance (including any intergovernmental risk management association or self insurance pool) claims, loss or risk management information, records, data, advice or communications.

(t) Information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of a public body responsible for the regulation or supervision of financial institutions or insurance companies, unless disclosure is otherwise required by State law.

(u) Information that would disclose or might lead to the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended to be used to create electronic or digital signatures under the Electronic Commerce Security Act.

(v) Vulnerability assessments, security measures, and response policies or plans that are designed to identify, prevent, or respond to potential attacks upon a community's population or systems, facilities, or installations, the destruction or contamination of which would constitute a clear and present danger to the health or safety of the community, but only to the extent that disclosure could reasonably be expected to jeopardize the effectiveness of the measures or the safety of the personnel who implement them or the public. Information exempt under this item may include such things as details pertaining to the mobilization or deployment of personnel or equipment, to the operation of communication systems or protocols, or to tactical operations.

(w) (Blank).

(x) Maps and other records regarding the location or security of generation, transmission, distribution, storage, gathering, treatment, or switching facilities owned by a utility, by a power generator, or by the Illinois Power Agency.

(y) Information contained in or related to proposals, bids, or negotiations related to electric power procurement under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities Act that is determined to be confidential and proprietary by the Illinois Power Agency or by the Illinois Commerce Commission.

(z) Information about students exempted from disclosure under Sections 10-20.38 or 34-18.29 of the School Code, and information about undergraduate students enrolled at an institution of higher education exempted from disclosure under Section 25 of the Illinois Credit Card Marketing Act of 2009.

(aa) Information the disclosure of which is exempted under the Viatical Settlements Act of 2009.

(bb) Records and information provided to a mortality review team and records maintained by a mortality review team appointed under the Department of Juvenile Justice Mortality Review Team Act.

(cc) Information regarding interments, entombments, or inurnments of human remains that are submitted to the Cemetery Oversight Database under the Cemetery Care Act or the Cemetery Oversight Act, whichever is applicable.

(dd) Correspondence and records (i) that may not be disclosed under Section 11-9 of the Illinois Public Aid Code or (ii) that pertain to appeals under Section 11-8 of the Illinois Public Aid Code.

(ee) The names, addresses, or other personal information of persons who are minors and are also participants and registrants in programs of park districts, forest preserve districts, conservation districts, recreation agencies, and special recreation associations.

(ff) The names, addresses, or other personal information of participants and registrants in programs of park districts, forest preserve districts, conservation districts, recreation agencies, and special recreation associations where such programs are targeted primarily to minors.

(gg) Confidential information described in Section 1-100 of the Illinois Independent Tax Tribunal Act of 2012.

(hh) The report submitted to the State Board of Education by the School Security and Standards Task Force under item (8) of subsection (d) of Section 2-3.160 of the School Code and any information contained in that report.

(ii) Records requested by persons committed to or detained by the Department of Human Services under the Sexually Violent Persons Commitment Act or committed to the Department of Corrections under the Sexually Dangerous Persons Act if those materials: (i) are available in the library of the facility where the individual is confined; (ii) include records from staff members' personnel files, staff rosters, or other staffing assignment information; or (iii) are available through an administrative request to the Department of Human Services or the Department of Corrections.

(jj) Confidential information described in Section 5-535 of the Civil Administrative Code of Illinois.

(kk) Information described in Section 20 of the Pharmacy Benefits Manager Licensing Act.

(1.5) Any information exempt from disclosure under the Judicial Privacy Act shall be redacted from public records prior to disclosure under this Act.

(2) A public record that is not in the possession of a public body but is in the possession of a party with whom the agency has contracted to perform a governmental function on behalf of the public body, and that directly relates to the governmental function and is not otherwise exempt under this Act, shall be considered a public record of the public body, for purposes of this Act.

(3) This Section does not authorize withholding of information or limit the availability of records to the public, except as stated in this Section or otherwise provided in this Act.

(Source: P.A. 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; 99-642, eff. 7-28-16; 100-26, eff. 8-4-17; 100-201, eff. 8-18-17.)

Section 99. Effective date. This Act takes effect January 1, 2019.".