Bill Text: IL SB1344 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Insurance Code. Provides that an individual or group policy of accident and health insurance amended, delivered, issued, or renewed in the State on or after (rather than only after) January 1, 2024 shall provide coverage for all abortifacients, hormonal therapy medication, human immunodeficiency virus pre-exposure prophylaxis, and post-exposure prophylaxis drugs approved by the United States Food and Drug Administration, and follow-up services related to that coverage. Provides that this coverage shall include drugs approved by the United States Food and Drug Administration that are prescribed or ordered for off-label use as abortifacients. Amends the Nurse Practice Act and the Physician Assistant Practice Act of 1987. In a provisions concerning temporary permits for specified health care professionals, provides that if the Department of Financial and Professional Regulation becomes aware of a violation occurring at a facility licensed by the Department of Public Health (rather than a licensed hospital, medical office, clinic, or other medical facility, or via telehealth service) the Department of Financial and Professional Regulation shall notify the Department of Public Health. Amends the Pharmacy Practice Act. Provides that in accordance with a standing order by the Department of Public Health, a pharmacist may provide patients with prophylaxis drugs for human immunodeficiency virus pre-exposure prophylaxis or post-exposure prophylaxis. Amends the Abortion Care Clinical Training Program Act and the Freedom of Information Act. Provides that all program performance reports received by the Department of Public Health concerning the Abortion Care Clinical Training Program shall be treated as confidential and exempt from the Freedom of Information Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 26-0)

Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0462 [SB1344 Detail]

Download: Illinois-2023-SB1344-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1344 Introduced 2/6/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
215 ILCS 5/356z.60
Amends the Illinois Insurance Code. Provides that an individual or group policy of accident and health insurance amended, delivered, issued, or renewed in the State on or after (rather than only after) January 1, 2024 shall provide coverage for all abortifacients, hormonal therapy medication, human immunodeficiency virus pre-exposure prophylaxis and post-exposure prophylaxis drugs approved by the United States Food and Drug Administration, and follow-up services related to that coverage. Effective immediately.
LRB103 28584 LNS 54965 b
A BILL FOR
SB1344 LRB103 28584 LNS 54965 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Insurance Code is amended by
changing Section 356z.60 as follows:
(215 ILCS 5/356z.60)
Sec. 356z.60. Coverage for abortifacients, hormonal
therapy, and human immunodeficiency virus pre-exposure
prophylaxis and post-exposure prophylaxis.
(a) As used in this Section:
"Abortifacients" means any medication administered to
terminate a pregnancy by a health care professional.
"Health care professional" means a physician licensed to
practice medicine in all of its branches, licensed advanced
practice registered nurse, or physician assistant.
"Hormonal therapy medication" means hormonal treatment
administered to treat gender dysphoria.
"Therapeutic equivalent version" means drugs, devices, or
products that can be expected to have the same clinical effect
and safety profile when administered to patients under the
conditions specified in the labeling and that satisfy the
following general criteria:
(1) it is approved as safe and effective;

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(2) it is a pharmaceutical equivalent in that it:
(A) contains identical amounts of the same active
drug ingredient in the same dosage form and route of
administration; and
(B) meets compendial or other applicable standards
of strength, quality, purity, and identity;
(3) it is bioequivalent in that:
(A) it does not present a known or potential
bioequivalence problem and it meets an acceptable in
vitro standard; or
(B) if it does present such a known or potential
problem, it is shown to meet an appropriate
bioequivalence standard;
(4) it is adequately labeled; and
(5) it is manufactured in compliance with Current Good
Manufacturing Practice regulations adopted by the United
States Food and Drug Administration.
(b) An individual or group policy of accident and health
insurance amended, delivered, issued, or renewed in this State
on or after January 1, 2024 shall provide coverage for all
abortifacients, hormonal therapy medication, human
immunodeficiency virus pre-exposure prophylaxis and
post-exposure prophylaxis drugs approved by the United States
Food and Drug Administration, and follow-up services related
to that coverage, including, but not limited to, management of
side effects, medication self-management or adherence

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counseling, risk reduction strategies, and mental health
counseling.
(c) The coverage required under subsection (b) is subject
to the following conditions:
(1) If the United States Food and Drug Administration
has approved one or more therapeutic equivalent versions
of an abortifacient drug, a policy is not required to
include all such therapeutic equivalent versions in its
formulary so long as at least one is included and covered
without cost sharing and in accordance with this Section.
(2) If an individual's attending provider recommends a
particular drug approved by the United States Food and
Drug Administration based on a determination of medical
necessity with respect to that individual, the plan or
issuer must defer to the determination of the attending
provider and must cover that service or item without cost
sharing.
(3) If a drug is not covered, plans and issuers must
have an easily accessible, transparent, and sufficiently
expedient process that is not unduly burdensome on the
individual or a provider or other individual acting as a
patient's authorized representative to ensure coverage
without cost sharing.
(d) Except as otherwise provided in this Section, a policy
subject to this Section shall not impose a deductible,
coinsurance, copayment, or any other cost-sharing requirement

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on the coverage provided. The provisions of this subsection do
not apply to coverage of procedures to the extent such
coverage would disqualify a high-deductible health plan from
eligibility for a health savings account pursuant to the
federal Internal Revenue Code, 26 U.S.C. 223.
(e) Except as otherwise authorized under this Section, a
policy shall not impose any restrictions or delays on the
coverage required under this Section.
(f) The coverage requirements in this Section for
abortifacients do not, pursuant to 42 U.S.C. 18054(a)(6),
apply to a multistate plan that does not provide coverage for
abortion.
(g) If the Department concludes that enforcement of any
coverage requirement of this Section for abortifacients may
adversely affect the allocation of federal funds to this
State, the Department may grant an exemption to that
requirement, but only to the minimum extent necessary to
ensure the continued receipt of federal funds.
(Source: P.A. 102-1117, eff. 1-13-23.)
Section 99. Effective date. This Act takes effect upon
becoming law.