Bill Amendment: IL SB0667 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PRICING-PRESCRIPTION INSULIN

Status: 2020-01-24 - Public Act . . . . . . . . . 101-0625 [SB0667 Detail]

Download: Illinois-2019-SB0667-Senate_Amendment_001.html

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Sen. Andy Manar

Filed: 5/29/2019

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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

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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

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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.

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(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

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federal requirements.".