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91_HB1306eng HB1306 Engrossed LRB9101991PTmb 1 AN ACT concerning the Department of Human Services. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Department of Human Services Act is 5 amended by adding Section 10-30 as follows: 6 (20 ILCS 1305/10-30 new) 7 Sec. 10-30. Payments for cancer treatment drugs. 8 (a) The Department shall establish and administer a 9 program to pay recipients for costs of drugs prescribed 10 exclusively for the treatment of cancer when those costs are 11 not otherwise reimbursed. The Department shall establish 12 eligibility standards and an application process by rule. 13 (b) Participation in the program shall be limited to 14 persons whose household income is not greater than 200% of 15 the federal poverty level as established by the federal 16 Office of Management and Budget. 17 The program shall be available only to eligible Illinois 18 residents who have resided in Illinois for at least 12 19 months. 20 (c) The Department shall pay a maximum amount per cancer 21 patient based on the following: 22 (1) Available moneys. 23 (2) The terms of any contract between the 24 Department and the provider. 25 (3) The reimbursement rates shall be the same as 26 the Medicaid reimbursement rate for the drug, minus the 27 copayment. 28 (d) Payment shall be made under the program to or on 29 behalf of a program eligible recipient only for costs not 30 reimbursed or eligible for reimbursement by any other third 31 party or governmental entity (including, without limitation, HB1306 Engrossed -2- LRB9101991PTmb 1 private or group insurance, Medicaid, Medicare, or the 2 Veterans Administration). The Secretary may, however, waive 3 this requirement in individually considered cases if the 4 Secretary determines that its enforcement will deny services 5 to a class of cancer patients because of conflicting State or 6 federal laws or regulations. The Department of Public Health 7 shall make rules to ensure that all third parties and 8 governmental entities (including, without limitation, private 9 or group insurance, Medicaid, Medicare, or the Veterans 10 Administration) make all required benefit payments. 11 (e) The Secretary may restrict or categorize 12 reimbursements to meet budgetary limitations. 13 (f) The Secretary shall maintain a cancer drug formulary 14 that shall include all drugs eligible for reimbursement by 15 the program. The Secretary shall establish an internal 16 review procedure for updating the formulary; the procedure 17 shall allow the addition and deletion of allowable drugs to 18 the formulary. The internal review procedure shall take 19 place at least quarterly during a fiscal year. 20 (g) Payments made under the program established under 21 this Section shall be made, subject to appropriations, from 22 the Cancer Treatment Drug Fund, a special fund that is hereby 23 established in the State treasury. The following shall be 24 deposited into the Fund: (1) amounts appropriated to the 25 Department for that purpose and (ii) gifts, grants, and 26 donations for that purpose from public and private sources. 27 Interest accruing on moneys in the Fund shall remain in the 28 Fund. Moneys in the Fund may be used only by the Department 29 to make payments for cancer drugs under the program 30 established under this Section. 31 (h) Moneys remaining in the Cancer Drug Fund at the end 32 of the fiscal year may be used in the following fiscal year. 33 Section 10. The State Finance Act is amended by adding HB1306 Engrossed -3- LRB9101991PTmb 1 Section 5.490 as follows: 2 (30 ILCS 105/5.490 new) 3 Sec. 5.490. The Cancer Treatment Drug Fund. 4 Section 99. Effective date. This Act takes effect 5 January 1, 2000.