093_SB0126

 
                                     LRB093 03705 DRJ 03735 b

 1        AN ACT in relation to public aid.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Public Aid Code  is  amended  by
 5    adding Section 5-5.12b as follows:

 6        (305 ILCS 5/5-5.12b new)
 7        Sec. 5-5.12b. Pharmacies; prescription rates for Medicare
 8    beneficiaries.
 9        (a)  A  pharmacy  must  comply  with  this  Section  as a
10    condition of the  pharmacy's  participation  in  the  medical
11    assistance program under this Article.
12        (b)  When a Medicare beneficiary or someone on a Medicare
13    beneficiary's   behalf  presents  a  valid  prescription  for
14    medication for the Medicare beneficiary  to  a  pharmacy  and
15    also  presents  the Medicare beneficiary's Medicare card, the
16    pharmacy  must  charge  for  the  prescribed  medication   as
17    follows:
18             (1)  The  pharmacy  may  not  charge a price for the
19        medication that exceeds the reimbursement  rate  for  the
20        medication  that is otherwise paid to the pharmacy by the
21        Department of Public Aid under this Article.
22             (2)  The pharmacy may charge an  additional  amount,
23        as  set  by  the  Department  of Public Aid by rule, as a
24        dispensing fee.  This fee may not exceed  the  dispensing
25        fee  charged  to  recipients  of medical assistance under
26        this Article for the same medication.
27        The prescription medication price limitations  set  forth
28    in   this   subsection   do  not  apply  to  over-the-counter
29    medications or to compounded prescriptions.
30        (c)  The  Department  of   Public   Aid   shall   monitor
31    pharmacies'  compliance  with  this  Section  and  report its
 
                            -2-      LRB093 03705 DRJ 03735 b
 1    findings each year to the General Assembly.  The report  must
 2    include,  but  need not be limited to, information concerning
 3    pharmacies that  discontinue  participation  in  the  medical
 4    assistance  program  under this Article and the reasons given
 5    by those pharmacies for discontinuing their participation.
 6        (d)  This Section is repealed on January 1, 2006.

 7        Section 99.  Effective date.  This Act takes effect  upon
 8    becoming law.