Bill Amendment: IL HB3479 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: MEDICAID-MCCN-PHARMACY RATES

Status: 2019-01-08 - Session Sine Die [HB3479 Detail]

Download: Illinois-2017-HB3479-Senate_Amendment_005.html

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Sen. Andy Manar

Filed: 5/25/2018

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AMENDMENT TO HOUSE BILL 3479
AMENDMENT NO. ______. Amend House Bill 3479 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Pharmacy Benefits Manager Licensing Act.
Section 5. Definitions. As used in this Act:
"Average reimbursement" means a statistical methodology
selected by the Department through any rules adopted pursuant
to this Section that shall include, at a minimum, the median
and mean.
"Department" means the Department of Insurance.
"Director" means the Director of Insurance.
"Person beneficially interested", with respect to an
applicant for a pharmacy benefits manager license, means:
(1) if the applicant is a partnership or other
unincorporated association, each partner or member;

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(2) if the applicant is a corporation, each of its
officers, directors, and stockholders, except that a
natural person shall not be deemed to be beneficially
interested in a nonprofit corporation; or
(3) if the applicant is a limited liability company,
each officer, manager, or member.
"Pharmacist" has the meaning given to the term in the
Pharmacy Practice Act.
"Pharmacy" has the meaning given to the term in the
Pharmacy Practice Act.
"Pharmacy benefits manager" means a person, business, or
other entity that, pursuant to a contract or under an
employment relationship with a plan sponsor, insurer, or other
third-party payer, either directly or through an intermediary,
manages the prescription drug coverage provided by the plan
sponsor, insurer, or other third-party payer, including, but
not limited to, the processing and payment of claims for
prescription drugs, the performance of drug utilization
review, the processing of drug prior authorization requests,
the adjudication of appeals or grievances related to
prescription drug coverage, contracting with network
pharmacies, and controlling the cost of covered prescription
drugs.
"Pharmacy provider" means a pharmacy or pharmacist.
"Proprietary information" means information on pricing,
costs, revenue, taxes, market share, negotiating strategies,

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customers, and personnel that is held by a pharmacy benefits
manager and used for its business purposes.
Section 10. Pharmacy benefits manager licensing
requirements.
(a) A pharmacy benefits manager shall be licensed by the
Department before conducting business in this State.
(b) A pharmacy benefits manager license under this Section
is not transferable.
(c) The Department shall develop, by rule, application
forms for pharmacy benefits manager licensure. The application
form for the pharmacy benefits manager license shall require
the pharmacy benefits manager to submit all of the following
information to the Department:
(1) the name of the pharmacy benefits manager;
(2) the address and contact telephone number for the
pharmacy benefits manager;
(3) the name and address of the pharmacy benefits
manager's agent for service of process in this State;
(4) the name and address of each person beneficially
interested in the pharmacy benefits manager; and
(5) the name and address of each person with management
or control over the pharmacy benefits manager.
(d) If the applicant is a partnership or other
unincorporated association, a limited liability company, or a
corporation and the number of partners, members, or

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stockholders, as the case may be, exceeds 5, the application
shall so state and shall further state the name, address, usual
occupation, and professional qualifications of each of the 5
partners, members, or stockholders who own the 5 largest
interests in the applicant entity. Upon request by the
Department, the applicant shall furnish the Department with the
name, address, usual occupation, and professional
qualifications of partners, members, or stockholders not named
in the application or shall refer the Department to an
appropriate source of that information.
(e) The application shall contain a statement to the effect
that the applicant has not been convicted of a felony and has
not violated any of the provisions of this Act. If the
applicant cannot make this statement, the application shall
contain a statement of the violation, if any, or reasons that
prevent the applicant from being able to comply with the
requirements with respect to the statement.
(f) Within 30 days after a change in any of the information
disclosed to the Department on an application for licensure,
the pharmacy benefits manager shall notify the Department of
that change in writing.
(g) The Department may, by rule, set a fee for the license
issued under this Act. The fee shall not exceed the actual
costs incurred by the Department in carrying out its duties
under this Act.

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Section 15. Discipline; grounds.
(a) The Director may refuse to issue, restore, or remove or
may revoke, suspend, or place on probation a pharmacy benefits
manager's license under any of the following circumstances:
(1) The pharmacy benefits manager has engaged in
fraudulent activity that constitutes a violation of State
or federal law.
(2) The Department has received consumer complaints
that justify an action under this Section in order to
protect the safety and interests of consumers.
(3) The pharmacy benefits manager fails to pay an
application fee for the license.
(4) The pharmacy benefits manager fails to comply with
a requirement set forth in Section 20 or 25.
(b) The Department shall, by rule, develop procedures that
provide a pharmacy benefits manager subject to discipline under
subsection (a) with reasonable notice of, and an opportunity to
respond to, the Department before taking that action.
Section 20. Transparency requirements.
(a) A pharmacy benefits manager contracting with a managed
care organization to administer benefits provided under the
State Employees Group Insurance Act of 1971 or the Illinois
Public Aid Code shall provide the following information to the
Department no later than March 31, 2019 and for each year
thereafter for the previous calendar year that the pharmacy

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benefits manager is contracted with a managed care organization
to administer benefits:
(1) the total amount paid to the pharmacy benefits
manager by a managed care organization to administer
benefits for each contract under which the pharmacy
benefits manager is contracted to administer benefits
under the State Employees Group Insurance Act of 1971 or
the Illinois Public Aid Code;
(2) the total amount paid in reimbursements to
pharmacies licensed in Illinois for each contract under
which the pharmacy benefits manager is contracted to
administer benefits under the State Employees Group
Insurance Act of 1971 or the Illinois Public Aid Code;
(3) the average reimbursement per contract by drug
ingredient cost, dispensing fee, and any other fee paid by
a pharmacy benefits manager to licensed pharmacies with
which the pharmacy benefits manager shares common
ownership, management, or control; or that are owned,
managed, or collected by any of the pharmacy benefits
manager's management companies, parent companies,
subsidiary companies, jointly held companies, or companies
otherwise affiliated by a common owner, manager, or holding
company; or that share any common members on the board of
directors; or that share managers in common;
(4) the average reimbursement per contract by drug
ingredient cost, dispensing fee, and any other fee, paid by

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a pharmacy benefits manager to pharmacies licensed in
Illinois other than those subject to paragraph (3);
(5) any direct or indirect fees, charges, or any kind
of assessments imposed by the pharmacy benefits manager on
pharmacies licensed in Illinois with which the pharmacy
benefits manager shares common ownership, management, or
control; or that are owned, managed, or controlled by any
of the pharmacy benefits manager's management companies,
parent companies, subsidiary companies, jointly held
companies, or companies otherwise affiliated by a common
owner, manager, or holding company; or that share any
common members on the board of directors; or that share
managers in common;
(6) any direct or indirect fees, charges, or any kind
of assessments imposed by the pharmacy benefits manager on
pharmacies licensed in Illinois other than those subject to
paragraph (5); and
(7) all common ownership, management, common members
of a board of directors, shared managers, or control of a
pharmacy benefits manager, or any of the pharmacy benefits
manager's management companies, parent companies,
subsidiary companies, jointly held companies, or companies
otherwise affiliated by a common owner, manager, or holding
company with any managed care organization contracted to
administer Medicaid benefits, any entity that contracts on
behalf of a pharmacy, or any pharmacy services

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administration organization, or any common ownership,
management, common members of a board of directors, shared
managers, or control of a pharmacy services administration
organization that is contracted with a pharmacy benefits
manager, with any drug wholesaler or distributors or any of
the pharmacy services administration organization,
management companies, parent companies, subsidiary
companies, jointly held companies, or companies otherwise
affiliated by a common owner, common members of a board of
directors, manager, or holding company.
(b) All information provided by a pharmacy benefits manager
pursuant to this Section shall reflect data for the most recent
full calendar year and shall be divided by quarter. This
information shall be managed by the Department and shall be
exempt from the Freedom of Information Act. The Department
shall submit a report to the General Assembly annually and
publish the report on its website on the information provided
in this Section provided the information is presented in the
aggregate. The report to the General Assembly shall be filed
with the Clerk of the House of Representatives and the
Secretary of the Senate in electronic form only, in the manner
that the Clerk and the Secretary shall direct.
(c) Contract information between a pharmacy benefits
manager and a pharmacy provider shall be exempt from the
Freedom of Information Act.

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Section 25. Duties to pharmacy providers.
(a) A pharmacy benefits manager shall not include in a
contract with a pharmacy provider any of the following
provisions:
(1) a provision that prohibits the pharmacy provider
from informing a patient of a more affordable alternative
to a prescribed medication if a more affordable alternative
is available;
(2) a provision prohibiting a pharmacy provider from
disclosing any contract information to the Department or
any other government agency or an elected official; or
(3) a provision requiring the pharmacy provider to
participate in a managed care organization's provider
network to administer benefits under the State Employees
Group Insurance Act of 1971 or the Illinois Public Aid Code
as a condition of participation in a national pharmacy
provider contract.
(b) A pharmacy benefits manager shall be subject to the
following requirements regarding reimbursement appeals:
(1) A pharmacy provider may appeal a reimbursement to a
pharmacy benefits manager within 60 days after the date of
service and the pharmacy benefits manager shall respond no
later than 7 days after the appeal is filed with the
pharmacy benefits manager. If the pharmacy benefits
manager fails to respond within 7 days after the appeal is
filed with the pharmacy benefits manager, the appeal is to

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be ruled in favor of the pharmacy provider.
(2) A pharmacy provider may appeal the remuneration
rate to the managed care organization within 60 days after
the date of service, and the managed care organization
shall respond no later than 7 days after the appeal is
filed with the managed care organization. If the managed
care organization fails to respond within 7 days after the
appeal is filed with the managed care organization, the
appeal is to be ruled in favor of the pharmacy provider.
(c) A pharmacy benefits manager that performs pharmacy
audits or contracts with an auditing entity for the purpose of
administering pharmacy audits shall not engage in conduct
prohibited under Section 30. An auditing entity's conduct under
Section 30 shall be attributed to the contracting pharmacy
benefits manager for purposes of Section 15.
(d) The Department shall, by rule, develop procedures that
provide a pharmacy provider the opportunity to file a complaint
of violations of this Section and receive a resolution.
Section 30. Audits.
(a) As used in this Section:
"Auditing entity" means a person or company contracted to
perform a pharmacy audit.
"Business day" means any day of the week excluding
Saturday, Sunday, and any legal holiday, as defined in Section
17 of the Promissory Note and Bank Holiday Act.

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"Covered entity" has the meaning given to it under 45 CFR
160.103.
"Covered individual" means a member, participant,
enrollee, or beneficiary of a covered entity, including a
dependent or other person covered through the policy or
contract of a covered individual.
"Extrapolation" means the practice of inferring a
frequency of dollar amount of overpayments, underpayments,
nonvalid claims, or other errors on any portion of claims
submitted, based on the frequency of dollar amount of
overpayments, underpayments, nonvalid claims, or other errors
actually measured in a sample of claims.
"Misfill" means a prescription that was not dispensed,
dispensing of an incorrect dose, amount, or type of medication,
dispensing a prescription drug to the wrong person, a
prescription in which the prescriber denied the authorization
request, or a prescription in which an additional dispensing
fee was charged.
"Pharmacy audit" means an audit conducted of any records of
a pharmacy for prescriptions or non-proprietary drugs
dispensed by a pharmacy to a covered individual.
"Pharmacy record" means any record stored electronically
or as a hard copy by a pharmacy that relates to the provision
of a prescription or pharmacy services or other component of
pharmacist care that is included in the practice of pharmacy.
(b) When conducting a pharmacy audit on behalf of a

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pharmacy benefits manager, an auditing entity shall:
(1) not conduct an on-site audit of a pharmacy at any
time during the first 3 business days of a month;
(2) notify the pharmacy or its contracting agent no
later than 15 days before the date of initial on-site
audit; the notification to the pharmacy or its contracting
agent shall be in writing delivered either:
(A) by mail or common carrier, return receipt
requested; or
(B) electronically with electronic receipt
confirmation, addressed to the supervising pharmacist
of record and pharmacy corporate office, if
applicable, at least 15 days before the date of an
initial on-site audit;
(3) limit the audit period to 24 months after the date
a claim is submitted to or adjudicated by the pharmacy
benefits manager;
(4) include in the written advance notice of an on-site
audit the list of specific prescription numbers to be
included in the audit that may or may not include the final
2 digits of the prescription numbers;
(5) use the written and verifiable records of a
hospital, physician, or other authorized practitioner that
are transmitted by any means of communication to validate
the pharmacy records in accordance with State and federal
law;

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(6) limit the number of prescriptions audited to no
more than 100 randomly selected in a 12-month period,
except in cases of fraud;
(7) provide the pharmacy or its contracting agent with
a copy of the preliminary audit report within 45 days after
the conclusion of the audit;
(8) be allowed to conduct a follow-up audit on-site if
a remote or desk audit reveals the necessity for a review
of additional claims;
(9) in the case of invoice audits, accept as validation
invoices from any wholesaler registered with the
Department of Financial and Professional Regulation from
which the pharmacy has purchased prescription drugs or, in
the case of durable medical equipment or sickroom supplies,
invoices from an authorized distributor other than a
wholesaler;
(10) provide the pharmacy or its contracting agent with
the ability to provide documentation to address a
discrepancy or audit finding; the documentation must be
received by the pharmacy benefits manager no later than the
45th day after the preliminary audit report was provided to
the pharmacy or its contracting agent; the pharmacy
benefits manager shall consider a reasonable request from
the pharmacy for an extension of time to submit
documentation to address or correct any findings in the
report;

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(11) provide the pharmacy or its contracting agent with
the final audit report no later than 60 days after the
preliminary audit report was provided to the pharmacy or
its contracting agent unless an extension was granted
pursuant to paragraph (10), in which case the final audit
report is due 30 days after the expiration of the
extension; and
(12) conduct the audit in consultation with a
pharmacist if the audit involves clinical or professional
judgment.
(c) Except as otherwise provided by federal or State law,
an auditing entity conducting a pharmacy audit may have access
to a pharmacy's previous audit report only if the report was
prepared by that auditing entity.
(d) Information collected during a pharmacy audit shall be
confidential by law, except that the auditing entity conducting
the pharmacy audit may share the information with the covered
entity for which a pharmacy audit is being conducted and with
any regulatory agencies and law enforcement agencies as
required by law.
(e) A pharmacy may not be subject to a charge-back or
recoupment for a clerical or recordkeeping error in a required
document or record, including a typographical error or computer
error, unless the error resulted in overpayment to the
pharmacy.
(f) A pharmacy shall have the right to file a written

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appeal of a preliminary and final pharmacy audit report in
accordance with the procedures established by the entity
conducting the pharmacy audit.
(g) An auditing entity conducing a pharmacy audit may not
charge-back, recoup, or collect penalties from a pharmacy until
the time period to file an appeal of the final pharmacy audit
report has passed or the appeals process has been exhausted,
whichever is later, unless the identified discrepancy is
expected to exceed $25,000, in which case the auditing entity
may withhold future payments in excess of that amount until the
final resolution of the audit.
(h) No interest shall accrue for any party during the audit
period, beginning with the notice of the pharmacy audit and
ending with the conclusion of the appeals process.
(i) The auditing entity may not compensate the employee or
contractor conducting the audit based on a percentage of the
amount claimed or recouped pursuant to the audit.
(j) The auditing entity may not use extrapolation to
calculate penalties or amounts to be charged back or recouped
unless otherwise required by federal law or regulation. Any
amount to be charged back or recouped due to overpayment may
not exceed the amount the pharmacy was overpaid.
(k) The auditing entity may not include dispensing fees in
the calculation of overpayments unless a prescription is
considered a misfill.
(l) An auditing entity shall conduct a pharmacy audit under

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the same standards and parameters as conducted for other
similarly situated pharmacies audited by the auditing entity.
(m) Any claim that was retroactively denied for a clerical
error, typographical error, scrivener's error, or computer
error shall be paid if the prescription was properly and
correctly dispensed, unless a pattern of such errors exists,
fraudulent billing is alleged, or the error results in actual
financial loss to the entity. A clerical error is an error that
does not result in actual financial harm to the covered entity
or consumer and does not include the dispensing of an incorrect
dose, amount or type of medication, or dispensing a
prescription drug to the wrong person.
(n) This Section does not apply to:
(1) audits in which suspected fraudulent activity or
other intentional or willful misrepresentation is
evidenced by a physical review, review of claims data or
statements, or other investigative methods; or
(2) concurrent reviews or desk audits that occur within
3 business days after transmission of a claim and where no
charge-back or recoupment is demanded.
Section 35. Rulemaking. No later than 90 days after the
effective date of this Act, the Department shall adopt rules
necessary to implement the provisions of this Act.
Section 90. The Freedom of Information Act is amended by

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changing Section 7 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from disclosure
under this Section, but also contains information that is not
exempt from disclosure, the public body may elect to redact the
information that is exempt. The public body shall make the
remaining information available for inspection and copying.
Subject to this requirement, the following shall be exempt from
inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and regulations
implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law or
a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or more
law enforcement agencies regarding the physical or mental
status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, unless the

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disclosure is consented to in writing by the individual
subjects of the information. "Unwarranted invasion of
personal privacy" means the disclosure of information that
is highly personal or objectionable to a reasonable person
and in which the subject's right to privacy outweighs any
legitimate public interest in obtaining the information.
The disclosure of information that bears on the public
duties of public employees and officials shall not be
considered an invasion of personal privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the extent
that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information

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furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure
would interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known or
disclose internal documents of correctional agencies
related to detection, observation or investigation of
incidents of crime or misconduct, and disclosure would
result in demonstrable harm to the agency or public
body that is the recipient of the request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency that
is the recipient of the request did not create the record,
did not participate in or have a role in any of the events

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which are the subject of the record, and only has access to
the record through the shared electronic record management
system.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections or a county jail if those
materials are available in the library of the correctional
facility or jail where the inmate is confined.
(e-6) Records requested by persons committed to the
Department of Corrections or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections if those materials are available
through an administrative request to the Department of
Corrections.
(e-8) Records requested by a person committed to the
Department of Corrections or a county jail, the disclosure
of which would result in the risk of harm to any person or
the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail or
committed to the Department of Corrections containing
personal information pertaining to the person's victim or

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the victim's family, including, but not limited to, a
victim's home address, home telephone number, work or
school address, work telephone number, social security
number, or any other identifying information, except as may
be relevant to a requester's current or potential case or
claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections or a county jail, including, but not limited
to, arrest and booking records, mug shots, and crime scene
photographs, except as these records may be relevant to the
requester's current or potential case or claim.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those records
of officers and agencies of the General Assembly that
pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged or confidential, and that disclosure of the

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trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension fund,
from a private equity fund or a privately held company
within the investment portfolio of a private equity fund as
a result of either investing or evaluating a potential
investment of public funds in a private equity fund. The
exemption contained in this item does not apply to the
aggregate financial performance information of a private
equity fund, nor to the identity of the fund's managers or
general partners. The exemption contained in this item does
not apply to the identity of a privately held company
within the investment portfolio of a private equity fund,
unless the disclosure of the identity of a privately held
company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor

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agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced by
any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by news
media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary

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cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including but not limited to power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public under
Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that would
not be subject to discovery in litigation, and materials
prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the

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public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication of
employee grievances or disciplinary cases; however, this
exemption shall not extend to the final outcome of cases in
which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including but
not limited to software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of an
applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.

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With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to be
used to create electronic or digital signatures under the

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Electronic Commerce Security Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a community's
population or systems, facilities, or installations, the
destruction or contamination of which would constitute a
clear and present danger to the health or safety of the
community, but only to the extent that disclosure could
reasonably be expected to jeopardize the effectiveness of
the measures or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, or to
tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power Agency
Act and Section 16-111.5 of the Public Utilities Act that
is determined to be confidential and proprietary by the

10000HB3479sam005 - 28 - LRB100 10189 SMS 40812 a
Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation

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districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of 2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to the
Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request to
the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section

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5-535 of the Civil Administrative Code of Illinois.
(kk) Information described in Section 20 of the
Pharmacy Benefits Manager Licensing Act.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; 99-642,
eff. 7-28-16; 100-26, eff. 8-4-17; 100-201, eff. 8-18-17.)
Section 99. Effective date. This Act takes effect January
1, 2019.".