Things are moving again in Springfield, and the Division of Government Affairs is once again reviewing proposed legislation. As mentioned in the March Board of Pharmacy Update, ICHP is currently monitoring more than 100 bills in this spring’s General Assembly session. I have highlighted many of the most important bills in this article. A complete list of the bills being followed by the Government Affairs Division is available online at www.ichpnet.org/pharmacy_practice/advocacy/.

I encourage you to review each one and look to see if your legislators have sponsored any of them. Below are some of the most important bills at this time:

HB 66: Mary Flowers - Amends the Illinois Public Aid Code. Would allow all current participants to enroll in fee-for-service Medicaid as of January 1, 2022. Would also prohibit the state from entering into new contracts with managed care organizations. 

HB 76: Mary Flowers - Amends the Pharmacy Practice Act. Would require the following: 

• One pharmacy technician on duty whenever the practice of pharmacy is being conducted.
• Pharmacies can fill no more than 10 prescriptions per hour.
• 10 pharmacy technician hours per 100 prescriptions filled.
• 8-hour workday limit
• Pharmacist break periods

The bill would also prohibit advertising or soliciting activities that may jeopardize patient health, safety, or welfare. Whistleblower protections are also included.

HB 99 and HB 119: Numerous sponsors - Creates the Prescription Drug Repository Program Act. Requires the Department of Public Health to, by rule, establish a prescription drug repository program, under which any person may donate a prescription drug or supplies needed to administer a prescription drug for use by an individual who meets eligibility criteria specified by the Department.

HB 135: Michelle Mussman, Deb Conroy, Lindsey LaPointe, and Suzanne Ness - Provides that the definition of "practice of pharmacy" includes the dispensing of hormonal contraceptives pursuant to the standing order under provisions of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Amends the Illinois Public Aid Code. Requires the medical assistance program to cover patient care services provided by a pharmacist for hormonal contraceptives assessment and consultation. Effective January 1, 2022.

HB 309: LaToya Greenwood, Stephanie A. Kifowit, and Barbara Hernandez - Creates the Implicit Bias Training for Health Care Professionals Act. Provides that in order to renew a license as a health care professional in the State, a licensee shall complete an evidence-based implicit bias training, which shall include the promotion of bias-reducing strategies to address how unintended biases regarding race, ethnicity, gender, identity, sexual orientation, socioeconomic status, or other characteristics affect the health care industry.

HB 450: Deb Conroy, Barbara Hernandez, and Lawrence Walsh, Jr. - Provides that the Department of Healthcare and Family Services and Medicaid managed care organizations may not deny reimbursement to a pharmacist for the provision of a service or procedure within the scope of the pharmacist's license if the service or procedure: (1) would be covered by the Department or the Medicaid managed care organization if the service were provided by a physician; an advanced practice nurse; or a physician assistant; and (2) is performed by the pharmacist in strict compliance with laws and rules related to the provision of the service or procedure and the pharmacist's license.

HB 585: Dagmara Avelar, Stephanie A. Kifowit, and Barbara Hernandez - Amends the Pharmacy Practice Act. Requires a pharmacy to offer a kiosk to dispose of prescription and over-the-counter medications free of charge.

HB 711, SB 158, and SB 177: Numerous sponsors - Creates the Prior Authorization Reform Act. Provides requirements concerning disclosure and review of prior authorization requirements, denial of claims or coverage by a utilization review organization, and the implementation of prior authorization requirements or restrictions.

HB 2589: Deb Conroy - Amends the Substance Use Disorder Act. Provides that a health care professional or other person acting under the direction of a health care professional may store and, without generating or affixing a patient-specific label, dispense an opioid antagonist to a patient in a hospital, hospital affiliate, or ambulatory treatment center if certain pertinent information is provided to the patient.

HB 2919: Deanne M. Mazzochi - Amends the Illinois Insurance Code. Provides that upon request by a party contracting with a pharmacy benefit manager, the party has an annual right to audit compliance with the terms of the contract by the pharmacy benefit manager, including, but not limited to, full disclosure of any value provided by a pharmaceutical manufacturer to a pharmacy benefit manager or the parent, subsidiary, or affiliate company of a pharmacy benefit manager.

HB 3244: Natalie A. Manley - Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires all Medicaid managed care organizations to reimburse pharmacy provider dispensing fees and acquisition costs at no less than the amounts established under the fee-for-service program whether the Medicaid managed care organization directly reimburses pharmacy providers or contracts with a pharmacy benefit manager to reimburse pharmacy providers.

HB 3454: Marcus C. Evans, Jr. - Amends the Illinois Controlled Substances Act. Provides that a prescriber shall offer a prescription for naloxone hydrochloride or another drug approved by the United States Food and Drug Administration for the complete or partial reversal of opioid depression to a patient when one or more of the following conditions are present: (1) the prescription dosage for the patient is 90 or more morphine milligram equivalents of an opioid medication per day; (2) an opioid medication is prescribed concurrently with a prescription for benzodiazepine; (3) the patient presents with an increased risk for overdose, including a patient with a history of overdose, a patient with a history of substance use disorder, or a patient at risk for returning to a high dose of opioid medication to which the patient is no longer tolerant.

HB 3596: Dagmara Avelar - Amends the Illinois Controlled Substances Act. Provides that, notwithstanding any other provision of law, a prescription for a substance in Schedule II, III, IV, or V must be sent electronically, in accordance with provisions regarding the Prescription Monitoring Program.

HB 3630 and SB 2008: Numerous Sponsors - Amends the Illinois Insurance Code. Provides that if a generic equivalent for a brand-name drug is approved by the federal Food and Drug Administration, plans that provide coverage for prescription drugs through the use of a drug formulary that are amended, delivered, issued, or renewed in the State on or after January 1, 2022 shall comply with specified requirements. Provides that the Department of Insurance may adopt rules to implement provisions concerning notice of change of drug formulary. In provisions concerning a contract between a health insurer and a pharmacy benefit manager, provides that a pharmacy benefit manager must update and publish maximum allowable cost pricing information according to specified requirements, must provide a reasonable administrative appeal procedure to allow pharmacies to challenge maximum allowable costs, and must comply with specified requirements if an appeal is denied. Sets forth provisions concerning pharmacy benefit manager contracts; specified requirements that a pharmacy benefit manager shall comply with; and specified requirements that an auditing entity shall comply with when conducting a pharmacy audit. Provides that a violation of specified provisions is an unfair method of competition and unfair and deceptive act or practice in the business of insurance. Sets forth provisions concerning applicability of the Pharmacy Benefit Managers Article of the Illinois Insurance Code, and provisions concerning fiduciary responsibility of a pharmacy benefit manager. Defines terms. Makes other changes. Amends the Illinois Public Aid Code. Sets forth provisions concerning reimbursement of professional dispensing fees and acquisition costs for pharmacy providers.

HB 3867: Anna Moeller - Creates the Wholesale Importation of Prescription Drugs Act. Requires the Department of Public Health to design an importation program where the State is the licensed wholesaler of imported drugs from licensed, regulated Canadian suppliers.

SB 142: Laura M. Murphy - Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that drugs prescribed to residents of the following facilities are not subject to prior approval as a result of the 4-prescription limit: (i) long-term care facilities as defined in the Nursing Home Care Act; (ii) community-integrated living arrangements as defined in the Community-Integrated Living Arrangements Licensure and Certification Act; (iii) supportive living facilities as defined in the Code; (iv) intermediate care facilities for persons with developmental disabilities as defined in the ID/DD Community Care Act; and (v) medically complex for the developmentally disabled facilities as defined in the MC/DD Act.

SB 579: Laura Fine - Amends the University of Illinois Hospital Act, the Ambulatory Surgical Treatment Center Act, the Hospital Licensing Act, and the Pharmacy Practice Act. Requires hospitals and facilities to offer a patient any unused portion of a facility-provided medication upon discharge when it is administered to a patient at the hospital or facility and is required for continuing treatment.

SB 1789: Laura M. Murphy - Amends the Illinois Procurement Code. Provides that the Department of Central Management Services, in consultation with the Chief Procurement Officer, shall implement and develop a program to establish a State prescription generic drug label for the purpose of increasing competition in the generic drug market and lowering generic drug prices for all purchasers.