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Bill > SB1390


IL SB1390

IL SB1390
DHFS-MCO-PBM-CONTRACTS


summary

Introduced
01/29/2025
In Committee
06/02/2025
Crossed Over
Passed
Dead

Introduced Session

Potential new amendment
104th General Assembly

Bill Summary

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall not enter into a contract with a managed care organization that relies on a pharmacy benefit manager that does not do the following: (i) utilize a pharmacy reimbursement methodology of the lesser of national average drug acquisition cost plus a professional dispensing fee as determined by the Department, the wholesale acquisition cost plus a professional dispensing fee as determined by the Department, or the usual and customary charge by the pharmacy; (ii) reimburse for a legally valid claim at a rate not less than the rate in effect at the time the original claim adjudication was submitted at the point of sale; (iii) agree to move to a transparent pass-through pricing model, in which the pharmacy benefit manager discloses the administrative fee as a percentage of the professional dispensing costs to the Department; (iv) agree to not create new pharmacy administration fees and to not increase current fees more than the rate of inflation; and (v) agree to not terminate an existing contract with a pharmacy licensed under the Pharmacy Practice Act for the sole reason of the additional professional dispensing fee authorized under item (i). Requires each pharmacy benefit manager that receives reimbursement for medical services, either directly or through a Medicaid managed care health plan, to submit by January 15, 2027, and each January 15 thereafter, certain data and information to the Department for the previous fiscal year, including: (1) the total number of prescriptions that were dispensed; (2) the aggregate wholesale acquisition cost for each drug on its formulary; (3) the aggregate amount of rebates, discounts, and price concessions that the pharmacy benefit manager received for each drug on its formulary; (4) the aggregate amount of administrative fees that the pharmacy benefit manager received from all pharmaceutical manufacturers; and (5) any other information considered necessary by the Department. Requires the Department to submit such data and information to the General Assembly and to the Governor's Office of Management and Budget. Provides that such information is confidential and not subject to disclosure under the Freedom of Information Act.

AI Summary

This bill amends the Illinois Public Aid Code to establish new requirements for managed care organizations (MCOs) and pharmacy benefit managers (PBMs) in the state's Medicaid program. The bill mandates that the Department of Healthcare and Family Services cannot contract with an MCO that uses a PBM failing to meet specific criteria: First, the PBM must use a pharmacy reimbursement methodology that calculates payment as the lowest of three methods involving drug acquisition costs and professional dispensing fees. Second, the PBM must reimburse pharmacy claims at rates no lower than the original point-of-sale rate. Third, the PBM must adopt a transparent pricing model that discloses administrative fees to the department. Fourth, the PBM cannot create new pharmacy administration fees or increase existing fees beyond the inflation rate. Fifth, the PBM cannot terminate a pharmacy's contract solely because of the additional professional dispensing fee. Additionally, the bill requires PBMs to submit detailed annual reports to the department by January 15, 2027, including prescription volumes, drug costs, rebates, administrative fees, and other financial information. The department must then forward this information to the General Assembly and the Governor's Office of Management and Budget, with the data designated as confidential and exempt from public disclosure. The goal of these provisions is to increase transparency and potentially reduce costs in the Medicaid pharmacy services system.

Committee Categories

Business and Industry

Sponsors (4)

Last Action

Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments (on 06/02/2025)

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