Public Act 93-0106
HB0703 Enrolled LRB093 05492 MKM 05583 b
AN ACT in relation to public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Section 5-5.12 as follows:
(305 ILCS 5/5-5.12) (from Ch. 23, par. 5-5.12)
Sec. 5-5.12. Pharmacy payments.
(a) Every request submitted by a pharmacy for
reimbursement under this Article for prescription drugs
provided to a recipient of aid under this Article shall
include the name of the prescriber or an acceptable
identification number as established by the Department.
(b) Pharmacies providing prescription drugs under this
Article shall be reimbursed at a rate which shall include a
professional dispensing fee as determined by the Illinois
Department, plus the current acquisition cost of the
prescription drug dispensed. The Illinois Department shall
update its information on the acquisition costs of all
prescription drugs no less frequently than every 30 days.
However, the Illinois Department may set the rate of
reimbursement for the acquisition cost, by rule, at a
percentage of the current average wholesale acquisition cost.
(c) Reimbursement under this Article for prescription
drugs shall be limited to reimbursement for 4 brand-name
prescription drugs per patient per month. This subsection
applies only if (i) the brand-name drug was not prescribed
for an acute or urgent condition, (ii) the brand-name drug
was not prescribed for Alzheimer's disease, arthritis,
diabetes, HIV/AIDS, a mental health condition, or respiratory
disease, and (iii) a therapeutically equivalent generic
medication has been approved by the federal Food and Drug
Administration.
(d) The Department shall not impose requirements for
prior approval based on a preferred drug list for
anti-retroviral, anti-hemophilic factor concentrates, or any
atypical antipsychotics, conventional antipsychotics, or
anticonvulsants used for the treatment of serious mental
illnesses until 30 days after it has conducted a study of the
impact of such requirements on patient care and submitted a
report to the Speaker of the House of Representatives and the
President of the Senate.
(Source: P.A. 92-597, eff. 6-28-02; 92-825, eff. 8-21-02;
revised 9-19-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.