SB0667sam001 101ST GENERAL ASSEMBLY

Sen. Andy Manar

Filed: 5/29/2019

10100SB0667sam001 LRB101 04428 SMS 61290 a

AMENDMENT TO SENATE BILL 667

AMENDMENT NO. ______. Amend Senate Bill 667 by replacing everything after the enacting clause with the following:

"Section 1. Findings. The General Assembly finds and declares that:

(1) Diabetes affects approximately 1,300,000 adults in Illinois (12.5% of the population);

(2) Diabetes is the seventh leading cause of death nationally and in Illinois;

(3) The toll on the Illinois economy has increased by more than 40% since 2007, costing the State $245,000,000,000 in 2012;

(4) When someone has diabetes, the body either does not make enough insulin or is unable to use its own insulin, causing glucose levels to rise higher than normal in the blood;

(5) For people with Type 1 diabetes, near-constant self-management of glucose levels is essential to prevent life-threatening complications;

(6) From 2012 to 2016, the average price of insulin increased from 13 cents per unit to 25 cents per unit; therefore,

It is necessary for the State to enact laws to reduce the costs for Illinoisans with diabetes and increase their access to life-saving and life-sustaining insulin.

Section 5. The Attorney General Act is amended by adding Section 10 as follows:

(15 ILCS 205/10 new)

Sec. 10. Investigation of prescription insulin drug pricing; report.

(a) The Attorney General shall investigate pricing of prescription insulin drugs made available to Illinois consumers to ensure adequate consumer protections in the pricing of prescription insulin drugs and to determine whether additional consumer protections are needed.

(b) As part of the investigation, the Attorney General shall gather, compile, and analyze information concerning the organization, business practices, pricing information, data, reports, or other information that the Attorney General finds necessary to fulfill the requirements of this Section from companies engaged in the manufacture or sale of prescription insulin drugs.

If necessary to fulfill the reporting requirements of this Section, the Attorney General may issue a civil investigative demand requiring a State Agency, insurer, pharmacy benefit manager, or manufacturer of prescription insulin drugs that are made available in Illinois to furnish material, answers, data, or other relevant information.

(c) A person or business shall not be compelled to provide trade secrets.

(d) By November 1, 2020, the Attorney General shall issue and make available to the public a report detailing the findings from the investigation conducted pursuant to this Section. The Attorney General shall present the report to the Governor, the Department of Insurance, and the Judiciary Committees of the Senate and House of Representatives or their successor Committees. The report must include the following:

(1) a summary of insulin pricing practices and variables that contribute to pricing of health coverage plans;

(2) public policy recommendations to control and prevent overpricing of prescription insulin drugs made available to Illinois consumers;

(3) any recommendations for improvements to the Consumer Fraud and Deceptive Business Practices Act; and

(4) any other information the Attorney General finds necessary.

(e) This Section is repealed on December 1, 2020.

Section 10. The Illinois Insurance Code is amended by adding Section 356z.33 as follows:

(215 ILCS 5/356z.33 new)

Sec. 356z.33. Cost sharing in prescription insulin drugs; limits; confidentiality of rebate information; definition; rules.

(a) As used in this Section, "prescription insulin drug" means a prescription drug that contains insulin and is used to treat diabetes.

(b) An insurer that provides coverage for prescription insulin drugs pursuant to the terms of a health coverage plan the insurer offers shall limit the total amount that an insured is required to pay for a covered prescription insulin drug at an amount not to exceed $100 per 30-day supply of insulin, regardless of the amount or type of insulin needed to fill the insured's prescription.

(c) Nothing in this Section prevents an insurer from reducing an insured's cost sharing by an amount greater than the amount specified in subsection (b).

(d) The Director may use any of the Director's enforcement powers to obtain an insurer's compliance with this Section.

(e) The Department may adopt rules as necessary to implement and administer this Section and to align it with federal requirements.".