Illinois General Assembly - Full Text of SB0667
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Full Text of SB0667  101st General Assembly


Sen. Andy Manar

Filed: 5/29/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 667 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Findings. The General Assembly finds and
5declares that:
6        (1) Diabetes affects approximately 1,300,000 adults in
7    Illinois (12.5% of the population);
8        (2) Diabetes is the seventh leading cause of death
9    nationally and in Illinois;
10        (3) The toll on the Illinois economy has increased by
11    more than 40% since 2007, costing the State
12    $245,000,000,000 in 2012;
13        (4) When someone has diabetes, the body either does not
14    make enough insulin or is unable to use its own insulin,
15    causing glucose levels to rise higher than normal in the
16    blood;
17        (5) For people with Type 1 diabetes, near-constant



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1    self-management of glucose levels is essential to prevent
2    life-threatening complications;
3        (6) From 2012 to 2016, the average price of insulin
4    increased from 13 cents per unit to 25 cents per unit;
5    therefore,
6    It is necessary for the State to enact laws to reduce the
7costs for Illinoisans with diabetes and increase their access
8to life-saving and life-sustaining insulin.
9    Section 5. The Attorney General Act is amended by adding
10Section 10 as follows:
11    (15 ILCS 205/10 new)
12    Sec. 10. Investigation of prescription insulin drug
13pricing; report.
14    (a) The Attorney General shall investigate pricing of
15prescription insulin drugs made available to Illinois
16consumers to ensure adequate consumer protections in the
17pricing of prescription insulin drugs and to determine whether
18additional consumer protections are needed.
19    (b) As part of the investigation, the Attorney General
20shall gather, compile, and analyze information concerning the
21organization, business practices, pricing information, data,
22reports, or other information that the Attorney General finds
23necessary to fulfill the requirements of this Section from
24companies engaged in the manufacture or sale of prescription



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1insulin drugs.
2    If necessary to fulfill the reporting requirements of this
3Section, the Attorney General may issue a civil investigative
4demand requiring a State Agency, insurer, pharmacy benefit
5manager, or manufacturer of prescription insulin drugs that are
6made available in Illinois to furnish material, answers, data,
7or other relevant information.
8    (c) A person or business shall not be compelled to provide
9trade secrets.
10    (d) By November 1, 2020, the Attorney General shall issue
11and make available to the public a report detailing the
12findings from the investigation conducted pursuant to this
13Section. The Attorney General shall present the report to the
14Governor, the Department of Insurance, and the Judiciary
15Committees of the Senate and House of Representatives or their
16successor Committees. The report must include the following:
17        (1) a summary of insulin pricing practices and
18    variables that contribute to pricing of health coverage
19    plans;
20        (2) public policy recommendations to control and
21    prevent overpricing of prescription insulin drugs made
22    available to Illinois consumers;
23        (3) any recommendations for improvements to the
24    Consumer Fraud and Deceptive Business Practices Act; and
25        (4) any other information the Attorney General finds
26    necessary.



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1    (e) This Section is repealed on December 1, 2020.
2    Section 10. The Illinois Insurance Code is amended by
3adding Section 356z.33 as follows:
4    (215 ILCS 5/356z.33 new)
5    Sec. 356z.33. Cost sharing in prescription insulin drugs;
6limits; confidentiality of rebate information; definition;
8    (a) As used in this Section, "prescription insulin drug"
9means a prescription drug that contains insulin and is used to
10treat diabetes.
11    (b) An insurer that provides coverage for prescription
12insulin drugs pursuant to the terms of a health coverage plan
13the insurer offers shall limit the total amount that an insured
14is required to pay for a covered prescription insulin drug at
15an amount not to exceed $100 per 30-day supply of insulin,
16regardless of the amount or type of insulin needed to fill the
17insured's prescription.
18    (c) Nothing in this Section prevents an insurer from
19reducing an insured's cost sharing by an amount greater than
20the amount specified in subsection (b).
21    (d) The Director may use any of the Director's enforcement
22powers to obtain an insurer's compliance with this Section.
23    (e) The Department may adopt rules as necessary to
24implement and administer this Section and to align it with



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1federal requirements.".