State of Illinois
91st General Assembly
Legislation

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[ House Amendment 001 ]

91_HB3117

 
                                               LRB9111189JSpc

 1        AN ACT to amend  the  Managed  Care  Reform  and  Patient
 2    Rights Act by changing Section 72.

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

 5        Section 5.  The Managed Care Reform  and  Patient  Rights
 6    Act is amended by changing Section 72 as follows:

 7        (215 ILCS 134/72)
 8        Sec. 72.  Pharmacy providers.
 9        (a)  Before  entering  into an  agreement  with  pharmacy
10    providers,  a  health  care  plan  must  establish  terms and
11    conditions that must be met by pharmacy providers desiring to
12    contract with the health care plan. The terms and  conditions
13    shall  not discriminate against a pharmacy provider. A health
14    care plan may not refuse to contract with a pharmacy provider
15    that meets the terms and conditions established by the health
16    care plan.  If a pharmacy  provider  rejects  the  terms  and
17    conditions  established, the health care plan may offer other
18    terms  and  conditions  necessary  to  comply  with   network
19    adequacy requirements.
20        (b)  A   health   care   plan   shall   apply   the  same
21    co-insurance, copayment, and deductible factors to  all  drug
22    prescriptions filled by a pharmacy provider that participates
23    in   the   health   care  plan's  network.  Nothing  in  this
24    subsection,  however,  prohibits  a  health  care  plan  from
25    applying different co-insurance,  copayment,  and  deductible
26    factors  between  brand  name  drugs and generic drugs when a
27    generic equivalent exists for the brand name drug.
28        (c)  A health care plan  may  not  set  a  limit  on  the
29    quantity  of  drugs  that  an enrollee may obtain at one time
30    with a prescription unless the limit is applied uniformly  to
31    all pharmacy providers in the health care plan's network.
 
                            -2-                LRB9111189JSpc
 1        (d)  If  a  health  care  plan  requires  confirmation of
 2    pharmaceutical benefits before a prescription is filled,  the
 3    plan  shall  provide  or  require  the  pharmacy  provider to
 4    provide access 24 hours a day,  7  days  a  week  to  persons
 5    designated by the plan to confirm benefits.
 6    (Source: P.A. 91-617, eff. 1-1-00.)

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