2005 Illinois Code - Chapter 320 Aging 320 ILCS 50/ Senior Pharmaceutical Assistance Act.
(320 ILCS 50/1)
Sec. 1.
Short title.
This Act may be cited as the Senior Pharmaceutical Assistance Act.
(Source: P.A. 92‑594, eff. 6‑27‑02.)
|
(320 ILCS 50/5)
Sec. 5.
Findings.
The General Assembly finds:
(1) Senior citizens identify pharmaceutical assistance as the single most
critical factor to their health, well‑being, and continued independence.
(2) The State of Illinois currently operates 2 pharmaceutical assistance
programs that benefit seniors: (i) the program of pharmaceutical assistance
under
the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical
Assistance Act and (ii) the Aid to the Aged, Blind, or Disabled program under
the
Illinois Public Aid Code. The State has been given authority to establish a
third program, SeniorRx Care, through a federal Medicaid waiver.
(3) Each year, numerous pieces of legislation are filed seeking to
establish additional pharmaceutical assistance benefits for seniors or to make
changes to the existing programs.
(4) Establishment of a pharmaceutical assistance review committee will
ensure proper coordination of benefits, diminish the likelihood of duplicative
benefits, and ensure that the best interests of seniors are served.
(5) In addition to the State pharmaceutical assistance programs, several
private entities, such as drug manufacturers and pharmacies, also offer
prescription drug discount or coverage programs.
(6) Many seniors are unaware of the myriad of public and private programs
available to them.
(7) Establishing a pharmaceutical clearinghouse with a toll‑free hot‑line
and local outreach workers will educate seniors about the vast array of options
available to them and enable seniors to make an educated and informed choice
that is best for them.
(8) Estimates indicate that almost one‑third of senior citizens lack
prescription drug coverage. The federal government, states, and the
pharmaceutical industry each have a role in helping these uninsured seniors
gain
access to life‑saving medications.
(9) The State of Illinois has recognized its obligation to assist
Illinois' neediest seniors in purchasing prescription medications, and it is
now
time for pharmaceutical manufacturers to recognize their obligation to make
their medications affordable to seniors.
(Source: P.A. 92‑594, eff. 6‑27‑02.)
|
(320 ILCS 50/10)
Sec. 10.
Definitions.
In this Act:
"Manufacturer" includes:
(1) An entity that is engaged in (a) the production, |
|
preparation, propagation, compounding, conversion, or processing of prescription drug products (i) directly or indirectly by extraction from substances of natural origin, (ii) independently by means of chemical synthesis, or (iii) by combination of extraction and chemical synthesis; or (b) the packaging, repackaging, labeling or re‑labeling, or distribution of prescription drug products.
|
|
(2) The entity holding legal title to or possession
|
|
of the national drug code number for the covered prescription drug.
|
|
The term does not include a wholesale distributor of drugs,
drugstore chain organization, or retail pharmacy licensed by the State.
"Prescription drug" means a drug that may be dispensed only upon
prescription by an authorized prescriber and that is approved for safety and
effectiveness as a prescription drug under Section 505 or 507 of the Federal
Food, Drug and Cosmetic Act.
"Senior citizen" or "senior" means a person 65 years of age or
older.
(Source: P.A. 92‑594, eff. 6‑27‑02.)
|
(320 ILCS 50/15)
Sec. 15. Senior Pharmaceutical Assistance Review Committee.
(a) The Senior Pharmaceutical Assistance Review Committee is
created. The Committee shall consist of 17 members as follows:
(1) Twelve members appointed as follows: 2 members of |
|
the General Assembly and 1 member of the general public, appointed by the President of the Senate; 2 members of the General Assembly and 1 member of the general public, appointed by the Minority Leader of the Senate; 2 members of the General Assembly and 1 member of the general public, appointed by the Speaker of the House of Representatives; and 2 members of the General Assembly and 1 member of the general public, appointed by the Minority Leader of the House of Representatives. These members shall serve at the pleasure of the appointing authority.
|
|
(2) The Director of Aging or his or her designee.
(3) The Director of Revenue or his or her designee.
(4) The Director of Public Aid or his or her
|
|
|
(5) The Secretary of Human Services or his or her
|
|
|
(6) The Director of Public Health or his or her
|
|
|
(b) Members appointed from the general public shall represent the
following associations, organizations, and interests: statewide
membership‑based senior advocacy organizations, pharmaceutical manufacturers,
pharmacists,
dispensing pharmacies, physicians, and providers of services to senior
citizens.
No single organization may have more than one representative appointed as a
member from the general public.
(c) The President of the Senate and Speaker of the House of
Representatives shall each designate one member of the Committee to serve as
co‑chairs.
(d) Committee members shall serve without compensation or
reimbursement for expenses.
(e) The Committee shall meet at the call of the co‑chairs, but at
least quarterly.
(f) The Committee may conduct public hearings to gather testimony
from interested parties regarding pharmaceutical assistance for Illinois
seniors, including changes to existing and proposed programs.
(g) The Committee may advise appropriate State agencies regarding
the establishment of proposed programs or changes to existing programs. The
State agencies shall take into consideration any recommendations made by the
Committee.
(h) The Committee shall report to the General Assembly and the
Governor annually or as it deems necessary regarding proposed or recommended
changes to pharmaceutical assistance programs that benefit Illinois seniors and
any associated costs of those changes.
(i) In the event that a prescription drug benefit is added to the federal
Medicare
program, the Committee shall make recommendations for the realignment of State‑operated senior prescription drug programs so
that Illinois residents qualify for at least substantially the same level of benefits
available to them prior
to implementation of the Medicare prescription drug benefit, provided that a resident remains eligible for such a State‑operated program. The Committee shall report its recommendations to the General
Assembly and
the Governor by January 1, 2005.
(Source: P.A. 92‑594, eff. 6‑27‑02; 93‑843, eff. 7‑30‑04.)
|
(320 ILCS 50/20)
Sec. 20.
Senior Health Assistance Program.
(a) The Senior Health Assistance Program is created within the
Department on Aging, to become operational within 90 days after the effective
date of this Act. The Senior Health Assistance Program shall provide outreach
and education to senior citizens on available prescription drug coverage and
discount programs.
(b) The Senior Health Assistance Program shall operate a
Clearinghouse for all information regarding prescription drug coverage programs
available to senior citizens in Illinois. The Clearinghouse shall operate in
conjunction with the Department's toll‑free senior information program.
(c) The purposes of the Clearinghouse include, but are not limited
to:
(1) Maintaining information on public and private |
|
prescription assistance programs for Illinois seniors.
|
|
(2) Educating citizens on available public and
|
|
private prescription assistance programs.
|
|
(3) Educating seniors on how to make an informed
|
|
decision about participation in prescription drug assistance programs.
|
|
(d) The Clearinghouse has the following duties:
(1) Provide a one‑stop resource for all information
|
|
for seniors regarding public and private prescription drug discount and coverage programs.
|
|
(2) Perform outreach and education activities on
|
|
public and private prescription drug discount and coverage programs.
|
|
(3) Maintain a toll‑free telephone number staffed by
|
|
trained customer service representatives.
|
|
(4) Maintain measurable data to identify the
|
|
progress and success of the program, including, but not limited to, the number of individuals served, the type of assistance received, and overall program evaluation.
|
|
(e) The Department shall work cooperatively with other Departments
that fund senior health assistance, including assistance with prescription
drugs, to ensure maximum coordination.
(Source: P.A. 92‑594, eff. 6‑27‑02.)
|
(320 ILCS 50/25)
Sec. 25.
Study of catastrophic pharmaceutical assistance
coverage.
(a) The Illinois Comprehensive Health Insurance Board shall study a
catastrophic pharmaceutical assistance coverage option. The Board may contract
with a private entity for the completion of all or part of the study.
Specifically, the study shall:
(1) Assess the need for a catastrophic |
|
pharmaceutical assistance coverage option, including information on the number of individuals in need of such a benefit.
|
|
(2) Estimate the cost of providing a catastrophic
|
|
pharmaceutical assistance coverage option through the Illinois Comprehensive Health Insurance Plan or another public or private entity.
|
|
(3) Recommend ways to create a catastrophic
|
|
pharmaceutical assistance coverage option.
|
|
(b) The Board may accept donations, in trust, from any
legal source, public or private,
for deposit into a specially created trust account and for expenditure,
without the necessity of being appropriated, solely for the purpose of
conducting all or part of the study.
(c) The Board may enter into intergovernmental agreements with other State
agencies for the purpose of conducting all or part of the study.
(d) The Board shall issue a report with recommendations to the Governor
and the General Assembly by January 1, 2003.
(Source: P.A. 92‑594, eff. 6‑27‑02.)
|
(320 ILCS 50/99)
Sec. 99.
Effective Date.
This Act takes effect upon becoming
law.
(Source: P.A. 92‑594, eff. 6‑27‑02.)
|
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
