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Public Act 92-0594
SB2098 Enrolled LRB9215761REdv
AN ACT concerning citizen assistance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Senior Pharmaceutical Assistance Act.
Section 5. Findings. The General Assembly finds:
(1) Senior citizens identify pharmaceutical assistance
as the single most critical factor to their health,
well-being, and continued independence.
(2) The State of Illinois currently operates 2
pharmaceutical assistance programs that benefit seniors: (i)
the program of pharmaceutical assistance under the Senior
Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act and (ii) the Aid to the Aged,
Blind, or Disabled program under the Illinois Public Aid
Code. The State has been given authority to establish a third
program, SeniorRx Care, through a federal Medicaid waiver.
(3) Each year, numerous pieces of legislation are filed
seeking to establish additional pharmaceutical assistance
benefits for seniors or to make changes to the existing
programs.
(4) Establishment of a pharmaceutical assistance review
committee will ensure proper coordination of benefits,
diminish the likelihood of duplicative benefits, and ensure
that the best interests of seniors are served.
(5) In addition to the State pharmaceutical assistance
programs, several private entities, such as drug
manufacturers and pharmacies, also offer prescription drug
discount or coverage programs.
(6) Many seniors are unaware of the myriad of public and
private programs available to them.
(7) Establishing a pharmaceutical clearinghouse with a
toll-free hot-line and local outreach workers will educate
seniors about the vast array of options available to them and
enable seniors to make an educated and informed choice that
is best for them.
(8) Estimates indicate that almost one-third of senior
citizens lack prescription drug coverage. The federal
government, states, and the pharmaceutical industry each have
a role in helping these uninsured seniors gain access to
life-saving medications.
(9) The State of Illinois has recognized its obligation
to assist Illinois' neediest seniors in purchasing
prescription medications, and it is now time for
pharmaceutical manufacturers to recognize their obligation to
make their medications affordable to seniors.
Section 10. Definitions. In this Act:
"Manufacturer" includes:
(1) An entity that is engaged in (a) the production,
preparation, propagation, compounding, conversion, or
processing of prescription drug products (i) directly or
indirectly by extraction from substances of natural origin,
(ii) independently by means of chemical synthesis, or (iii)
by combination of extraction and chemical synthesis; or (b)
the packaging, repackaging, labeling or re-labeling, or
distribution of prescription drug products.
(2) The entity holding legal title to or possession of
the national drug code number for the covered prescription
drug.
The term does not include a wholesale distributor of
drugs, drugstore chain organization, or retail pharmacy
licensed by the State.
"Prescription drug" means a drug that may be dispensed
only upon prescription by an authorized prescriber and that
is approved for safety and effectiveness as a prescription
drug under Section 505 or 507 of the Federal Food, Drug and
Cosmetic Act.
"Senior citizen" or "senior" means a person 65 years of
age or older.
Section 15. Senior Pharmaceutical Assistance Review
Committee.
(a) The Senior Pharmaceutical Assistance Review
Committee is created. The Committee shall consist of 17
members as follows:
(1) Twelve members appointed as follows: 2 members
of the General Assembly and 1 member of the general
public, appointed by the President of the Senate; 2
members of the General Assembly and 1 member of the
general public, appointed by the Minority Leader of the
Senate; 2 members of the General Assembly and 1 member of
the general public, appointed by the Speaker of the House
of Representatives; and 2 members of the General Assembly
and 1 member of the general public, appointed by the
Minority Leader of the House of Representatives. These
members shall serve at the pleasure of the appointing
authority.
(2) The Director of Aging or his or her designee.
(3) The Director of Revenue or his or her designee.
(4) The Director of Public Aid or his or her
designee.
(5) The Secretary of Human Services or his or her
designee.
(6) The Director of Public Health or his or her
designee.
(b) Members appointed from the general public shall
represent the following associations, organizations, and
interests: statewide membership-based senior advocacy
organizations, pharmaceutical manufacturers, pharmacists,
dispensing pharmacies, physicians, and providers of services
to senior citizens. No single organization may have more
than one representative appointed as a member from the
general public.
(c) The President of the Senate and Speaker of the House
of Representatives shall each designate one member of the
Committee to serve as co-chairs.
(d) Committee members shall serve without compensation
or reimbursement for expenses.
(e) The Committee shall meet at the call of the
co-chairs, but at least quarterly.
(f) The Committee may conduct public hearings to gather
testimony from interested parties regarding pharmaceutical
assistance for Illinois seniors, including changes to
existing and proposed programs.
(g) The Committee may advise appropriate State agencies
regarding the establishment of proposed programs or changes
to existing programs. The State agencies shall take into
consideration any recommendations made by the Committee.
(h) The Committee shall report to the General Assembly
and the Governor annually or as it deems necessary regarding
proposed or recommended changes to pharmaceutical assistance
programs that benefit Illinois seniors and any associated
costs of those changes.
Section 20. Senior Health Assistance Program.
(a) The Senior Health Assistance Program is created
within the Department on Aging, to become operational within
90 days after the effective date of this Act. The Senior
Health Assistance Program shall provide outreach and
education to senior citizens on available prescription drug
coverage and discount programs.
(b) The Senior Health Assistance Program shall operate a
Clearinghouse for all information regarding prescription drug
coverage programs available to senior citizens in Illinois.
The Clearinghouse shall operate in conjunction with the
Department's toll-free senior information program.
(c) The purposes of the Clearinghouse include, but are
not limited to:
(1) Maintaining information on public and private
prescription assistance programs for Illinois seniors.
(2) Educating citizens on available public and
private prescription assistance programs.
(3) Educating seniors on how to make an informed
decision about participation in prescription drug
assistance programs.
(d) The Clearinghouse has the following duties:
(1) Provide a one-stop resource for all information
for seniors regarding public and private prescription
drug discount and coverage programs.
(2) Perform outreach and education activities on
public and private prescription drug discount and
coverage programs.
(3) Maintain a toll-free telephone number staffed
by trained customer service representatives.
(4) Maintain measurable data to identify the
progress and success of the program, including, but not
limited to, the number of individuals served, the type of
assistance received, and overall program evaluation.
(e) The Department shall work cooperatively with other
Departments that fund senior health assistance, including
assistance with prescription drugs, to ensure maximum
coordination.
Section 25. Study of catastrophic pharmaceutical
assistance coverage.
(a) The Illinois Comprehensive Health Insurance Board
shall study a catastrophic pharmaceutical assistance coverage
option. The Board may contract with a private entity for the
completion of all or part of the study. Specifically, the
study shall:
(1) Assess the need for a catastrophic
pharmaceutical assistance coverage option, including
information on the number of individuals in need of such
a benefit.
(2) Estimate the cost of providing a catastrophic
pharmaceutical assistance coverage option through the
Illinois Comprehensive Health Insurance Plan or another
public or private entity.
(3) Recommend ways to create a catastrophic
pharmaceutical assistance coverage option.
(b) The Board may accept donations, in trust, from any
legal source, public or private, for deposit into a specially
created trust account and for expenditure, without the
necessity of being appropriated, solely for the purpose of
conducting all or part of the study.
(c) The Board may enter into intergovernmental
agreements with other State agencies for the purpose of
conducting all or part of the study.
(d) The Board shall issue a report with recommendations
to the Governor and the General Assembly by January 1, 2003.
Section 99. Effective Date. This Act takes effect upon
becoming law.
Passed in the General Assembly June 02, 2002.
Approved June 27, 2002.
Effective June 27, 2002.
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