State of Illinois
91st General Assembly
Legislation

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91_HB0486sam001











                                             LRB9100447STsbam

 1                     AMENDMENT TO HOUSE BILL 486

 2        AMENDMENT NO.     .  Amend House Bill 486 as follows:
 3    by replacing the title with the following:
 4        "AN ACT concerning organ transplants."; and

 5    by replacing everything after the enacting  clause  with  the
 6    following:

 7        "Section 5.  The Civil Administrative Code of Illinois is
 8    amended by adding Section 2310-260 as follows:

 9        (20 ILCS 2310/2310-260 new)
10        Sec.  2310-260.  Payments for post transplant maintenance
11    and retention.
12        (a) The  Department  shall  establish  and  administer  a
13    program   to   pay  recipients  for  drugs  and  other  costs
14    prescribed exclusively for post  transplant  maintenance  and
15    retention  when those costs are not otherwise reimbursed. The
16    Department  shall  establish  eligibility  standards  and  an
17    application  process  by  rule.  Notwithstanding  any   other
18    provision  of  this Code to the contrary, the Department may,
19    by rule, require participants to pay  a  co-payment  for  the
20    drugs covered under this program.
21        (b)  Participation  in  the  program  shall be limited to
 
                            -2-              LRB9100447STsbam
 1    persons whose household income is not greater  than  400%  of
 2    the  federal  poverty  level  as  established  by the federal
 3    Office  of  Management  and  Budget.  The  program  shall  be
 4    available  only  to  eligible  Illinois  residents  who  have
 5    resided in Illinois for at least 12 months; however, a person
 6    shall not  be  excluded  because  that  person  received  the
 7    transplant outside of the State of Illinois.
 8        (c)  The  Department  shall  pay  a  maximum  amount  per
 9    transplant recipient based on the following:
10             (1)   Available   moneys   in  the  Post  Transplant
11        Maintenance and Retention Fund.
12             (2) Covered immunosuppressive drugs.
13             (3) The terms of any contract between the Department
14        and the provider.
15        The reimbursement rates shall be the same as the Medicaid
16    reimbursement rate for the drug,  minus  any  co-payment  and
17    other medical services.
18        (d)  Payment  shall  be  made  under the program to or on
19    behalf of a program-eligible recipient  only  for  costs  not
20    reimbursed  or  eligible for reimbursement by any other third
21    party or governmental entity, including, without  limitation,
22    private  or  group  insurance,  Medicaid,  Medicare,  and the
23    Veterans Administration. The  Director  may,  however,  waive
24    this  requirement  in  individually  considered  cases if the
25    Director determines that its enforcement will  deny  services
26    to a class of post transplant patients because of conflicting
27    State or federal laws or regulations.
28        (e)    The    Director   may   restrict   or   categorize
29    reimbursements to meet budgetary limitations.
30        (f) The Director shall maintain an immunosuppressive drug
31    formulary  that  shall  include  all   drugs   eligible   for
32    reimbursement by the program. The Director shall establish an
33    internal  review  procedure  for  updating the formulary; the
34    procedure shall allow the addition and deletion of  allowable
 
                            -3-              LRB9100447STsbam
 1    drugs  to  the formulary. The internal review procedure shall
 2    take place at least quarterly during a fiscal year.
 3        (g) Payments made under  the  program  established  under
 4    this  Section  shall be made, subject to appropriations, from
 5    the Post Transplant Maintenance and Retention Fund, a special
 6    fund that is  hereby  created  in  the  State  Treasury.  The
 7    following  shall  be  deposited  into  the  Fund: (i) amounts
 8    appropriated to the Department for  that  purpose,  and  (ii)
 9    gifts, grants, and donations for that purpose from public and
10    private  sources.    Interest  accruing on moneys in the Fund
11    shall remain in the Fund. Moneys in the Fund may be used only
12    by the  Department  to  make  payments  for  post  transplant
13    maintenance and retention under the program established under
14    this Section.
15        (h)  Moneys  remaining in the Post Transplant Maintenance
16    and Retention Fund at the end of the fiscal year may be  used
17    in the following fiscal year.

18        Section  10.  The  State Finance Act is amended by adding
19    Section 5.541 as follows:

20        (30 ILCS 105/5.541 new)
21        Sec.  5.541.  The   Post   Transplant   Maintenance   and
22    Retention Fund.

23        Section  99.  Effective  date.   This Act takes effect on
24    July 1, 2000.".

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