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Illinois General Assembly· HB 767Governor Approved

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HB0767 Enrolled                     LRB104 04666 BAB 14693 b

1   AN ACT concerning regulation.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Civil Administrative Code of Illinois is

5 amended by changing Section 5-235 as follows:

6   (20 ILCS 5/5-235) (was 20 ILCS 5/7.03)

7   Sec. 5-235. In the Department of Public Health.

8   (a) The Director of Public Health shall be either a

9 physician licensed to practice medicine in all of its branches

10 in Illinois or a person who has administrative experience in

11 public health work at the local, state, or national level in

12 accordance with subsection (b).

13  If the Director is not a physician licensed to practice

14 medicine in all its branches, then a Medical Director shall be

15 appointed who shall be a physician licensed to practice

16 medicine in all its branches. The Medical Director shall

17 report directly to the Director. If the Director is not a

18 physician, the Medical Director shall have primary

19 responsibility for overseeing the following regulatory and

20 policy areas:

21  (1) Department responsibilities concerning hospital

22  and health care facility regulation, emergency services,

23  ambulatory surgical treatment centers, health care
    HB0767 Enrolled          -2-  LRB104 04666 BAB 14693 b

1   professional regulation and credentialing, advising the

2   Board of Health, patient safety initiatives, and the

3   State's response to disease prevention and outbreak

4   management and control.

5   (2) Advising the Director on the control of diseases

6   for which an immunization is licensed by the United States

7   Food and Drug Administration. The advice may include

8   guidance for the use of immunizations or medical

9   countermeasures based on medical and scientific evidence,

10  if circumstances warrant. The Medical Director may issue

11  guidance and recommendations on immunizations or medical

12  countermeasures in the absence of such recommendations

13  from the Director or to further supplement recommendations

14  as necessary.

15  (3) (2) Any other duties assigned by the Director or

16  required by law.

17  (b) A Director of Public Health who is not a physician

18 licensed to practice medicine in all its branches shall at a

19 minimum have the following education and experience:

20  (1) 5 years of full-time administrative experience in

21  public health and a master's degree in public health from

22  (i) a college or university accredited by the North

23  Central Association or (ii) any other nationally

24  recognized regional accrediting agency; or

25  (2) 5 years of full-time administrative experience in

26  public health and a graduate degree in a related field
    HB0767 Enrolled       -3-            LRB104 04666 BAB 14693 b

1   from (i) a college or university accredited by the North

2   Central Association or (ii) any other nationally

3   recognized regional accrediting agency. For the purposes

4   of this item (2), "a graduate degree in a related field"

5   includes, but is not limited to, a master's degree in

6   public administration, nursing, environmental health,

7   community health, or health education.

8   (c) The Assistant Director of Public Health shall be a

9 person who has administrative experience in public health

10 work.

11 (Source: P.A. 97-798, eff. 7-13-12.)

12  Section 10. The Department of Commerce and Economic

13 Opportunity Law of the Civil Administrative Code of Illinois

14 is amended by changing Section 605-60 and adding Section

15 605-70 as follows:

16  (20 ILCS 605/605-60)

17  (Text of Section before amendment by P.A. 104-27)

18  Sec. 605-60. DCEO Projects Fund. The DCEO Projects Fund is

19 created as a trust fund in the State treasury. The Department

20 is authorized to accept and deposit into the Fund moneys

21 received from any gifts, grants, transfers, or other sources,

22 public or private, unless deposit into a different fund is

23 otherwise mandated. Subject to appropriation, the Department

24 shall use moneys in the Fund to make grants or loans to and
    HB0767 Enrolled  -4-              LRB104 04666 BAB 14693 b

1 enter into contracts with units of local government, local and
2 regional economic development corporations, and not-for-profit
3 organizations for municipal development projects, for the
4 specific purposes established by the terms and conditions of
5 the gift, grant, or award, and for related administrative
6 expenses. As used in this Section, the term "municipal
7 development projects" includes, but is not limited to, grants
8 for reducing food insecurity in urban and rural areas.
9 (Source: P.A. 103-588, eff. 6-5-24.)

10  (Text of Section after amendment by P.A. 104-27)

11  Sec. 605-60. DCEO Projects Fund.

12  (a) The DCEO Projects Fund is created as a trust fund in

13 the State treasury. The Department is authorized to accept and

14 deposit into the Fund moneys received from any gifts, grants,

15 transfers, or other sources, public or private, unless deposit

16 into a different fund is otherwise mandated.

17  (b) Subject to appropriation, the Department shall use

18 moneys in the Fund to make grants or loans to and enter into

19 contracts with units of local government, local and regional

20 economic development corporations, retail associations, and

21 not-for-profit organizations for municipal development

22 projects, for the specific purposes established by the terms

23 and conditions of the gift, grant, or award, and for related

24 administrative expenses. As used in this Section, the term

25 "municipal development projects" includes, but is not limited
    HB0767 Enrolled        -5-        LRB104 04666 BAB 14693 b

1 to, grants for reducing food insecurity in urban and rural

2 areas.

3   (c) In this subsection, "rural tract" and "urban tract"

4 have the meanings given to those terms in Section 5 of the

5 Grocery Initiative Act.

6   Subject to appropriation, the Department shall use moneys

7 deposited into the Fund pursuant to Section 513b2 of the

8 Illinois Insurance Code to make a grant to a statewide retail

9 association representing pharmacies to promote access to

10 pharmacies and pharmacist services. Grant funds under this

11 subsection shall be made available to the following

12 beneficiaries:

13        (1) critical access care pharmacies as defined in

14  Section 5-5.12b of the Illinois Public Aid Code;

15        (2) retail pharmacies with a physical location in

16  Illinois owned by a person or entity with an ownership or

17  control interest in fewer than 10 pharmacies;

18        (3) retail pharmacies with a physical location in a

19  county in Illinois with fewer than 50,000 residents;

20        (4) retail pharmacies with a physical location in a

21  county in Illinois with 50,000 or more residents and in an

22  area within Illinois that is designated by the United

23  States Department of Health and Human Services as either:

24  (A) a Medically Underserved Area, including Governor's

25  Exceptions; or (B) a Medically Underserved Population,

26  including Governor's Exceptions;
    HB0767 Enrolled  -6-             LRB104 04666 BAB 14693 b

1        (5) pharmacies whose claims constitute 65% or greater

2   for Medicaid services and at least 80% of their total

3   claims are for pharmacy services administered in Illinois;

4        (6) a pharmacy located in an Illinois census tract

5   that meets both of the following poverty and population

6   density and pharmacy accessibility standards:

7        (A) the census tract has either: (i) 20% or more of

8        its population living below the poverty guidelines

9        updated periodically in the Federal Register by the

10       U.S. Department of Health and Human Services under the

11       authority of 42 U.S.C. 9902(2); or (ii) a median

12       household income of less than 80% of the median income

13       of the nearest metropolitan area; and

14       (B) the census tract has at least 33% of its

15       population living one mile or more from the pharmacy

16       for urban tracts or more than 10 miles from the

17       pharmacy for rural tracts.

18  At least annually, the Department shall file with the

19 Governor and the General Assembly a report that includes:

20       (1) the number of beneficiaries who applied for

21  funding;

22       (2) the number of beneficiaries who received funding;

23  and

24       (3) the pharmacies that were awarded funding,

25  including the location, the amount of funding, and the

26  subsection category or categories under which the pharmacy
    HB0767 Enrolled           -7-  LRB104 04666 BAB 14693 b

1   qualified.

2 (Source: P.A. 103-588, eff. 6-5-24; 104-27, eff. 1-1-26.)

3   (20 ILCS 605/605-70 new)

4   Sec. 605-70. Pharmacy support program.

5   (a) Subject to appropriation, the Department shall use

6 moneys deposited into the DCEO Projects Fund pursuant to

7 Section 513b2 of the Illinois Insurance Code to make a grant to

8 a statewide retail association representing pharmacies to

9 promote access to pharmacies and pharmacist services.

10  (b) Grant funds under subsection (a) shall be made

11 available to the following beneficiaries:

12  (1) critical access care pharmacies as defined in

13  Section 5-5.12b of the Illinois Public Aid Code;

14  (2) retail pharmacies with a physical location in

15  Illinois owned by a person or entity with an ownership or

16  control interest in fewer than 10 pharmacies;

17  (3) retail pharmacies with a physical location in a

18  county in Illinois with fewer than 50,000 residents;

19  (4) retail pharmacies with a physical location in a

20  county in Illinois with 50,000 or more residents and in an

21  area within Illinois that is designated by the United

22  States Department of Health and Human Services as either:

23  (A) a Medically Underserved Area, including

24  Governor's Exceptions; or

25  (B) a Medically Underserved Population, including
    HB0767 Enrolled         -8-  LRB104 04666 BAB 14693 b

1   Governor's Exceptions;

2   (5) pharmacies whose claims constitute 65% or greater

3   for Medicaid services and at least 80% of their total

4   claims are for pharmacy services administered in Illinois;

5   (6) a pharmacy located in an Illinois census tract

6   that meets both of the following poverty and population

7   density and pharmacy accessibility standards:

8   (A) the census tract has either: (i) 20% or more of

9   its population living below the poverty guidelines

10  updated periodically in the Federal Register by the

11  U.S. Department of Health and Human Services under the

12  authority of 42 U.S.C. 9902(2); or (ii) a median

13  household income of less than 80% of the median income

14  of the nearest metropolitan area; and

15  (B) the census tract has at least 33% of its

16  population living one mile or more from the pharmacy

17  for urban tracts or more than 10 miles from the

18  pharmacy for rural tracts.

19  (c) In subsection (b), "rural tract" and "urban tract"

20 have the meanings given to those terms in Section 5 of the

21 Grocery Initiative Act.

22  (d) Grant funds under subsection (a) shall be disbursed in

23 equal amounts to each beneficiary eligible under subsection

24 (b) that applies for an award. To determine the equal amount

25 available for each beneficiary eligible under subsection (b)

26 each State fiscal year, the total amount appropriated from the
    HB0767 Enrolled      -9-            LRB104 04666 BAB 14693 b

1 DCEO Projects Fund using moneys deposited under Section 513b2

2 of the Illinois Insurance Code less any amount provided to a

3 statewide retail association for administrative expenses shall

4 be divided by the total number of nonduplicate beneficiaries

5 eligible under subsection (b) that apply for an award in the

6 same fiscal year. A beneficiary may only receive one award per

7 fiscal year even if the beneficiary may qualify under multiple

8 beneficiary categories in subsection (b).

9   (e) At least annually, the Department shall file with the

10 Governor and the General Assembly a report on the

11 implementation of subsections (a) through (d) that includes:

12       (1) the number of beneficiaries who applied for

13  funding;

14       (2) the number of beneficiaries who received funding;

15  and

16       (3) the pharmacies that were awarded funding,

17  including the location, the amount of funding, and the

18  subsection (b) category or categories under which the

19  pharmacy qualified.

20  Section 15. The Department of Public Health Act is amended

21 by changing Section 8.4 as follows:

22  (20 ILCS 2305/8.4)

23  Sec. 8.4. Immunization Advisory Committee.

24  (a) Definitions. For the purposes of this Section:
    HB0767 Enrolled     - 10 - LRB104 04666 BAB 14693 b

1   "Committee" means the Immunization Advisory Committee.

2   "Immunization" means the treatment of an individual with

3 any vaccine or immunologic drug licensed, approved, or

4 authorized for use by the United States Food and Drug

5 Administration, including emergency use authorization agents,

6 or meeting World Health Organization requirements, and

7 designed for the purpose of producing or enhancing an immune

8 response against a vaccine-preventable disease.

9   "Medical countermeasures" means products regulated by the

10 United States Food and Drug Administration that may be used in

11 a public health emergency, stemming from a terrorist attack or

12 accidental release of a biological, chemical, or

13 radiological/nuclear agent or a naturally occurring emerging

14 infectious disease.

15  (b) The Director of Public Health shall appoint an

16 Immunization Advisory Committee to advise the Director on

17 immunization issues, including:

18  (1) The control of diseases for which an immunization

19  or medical countermeasure is licensed or regulated in the

20  United States by the United States Food and Drug

21  Administration. The advice shall address the use of

22  immunizations or medical countermeasures shown to be

23  effective in controlling a disease for which an

24  immunization is available. Advice for the use of

25  unlicensed but regulated immunizations or medical

26  countermeasures may be provided based on medical and
    HB0767 Enrolled  - 11 - LRB104 04666 BAB 14693 b

1   scientific evidence, if circumstances warrant. For each

2   immunization or medical countermeasure, the Committee

3   shall advise on population groups or circumstances in

4   which it is recommended. The Committee shall also provide

5   recommendations on contraindications and precautions for

6   the use of the immunization or medical countermeasures and

7   provide information on recognized adverse events. The

8   Committee may provide recommendations that address the

9   general use of immunizations or medical countermeasures

10  and special situations or populations that may warrant

11  modification of the routine recommendations.

12  (2) The use of immunizations or medical

13  countermeasures to control disease in Illinois, which

14  shall include consideration of disease epidemiology and

15  burden of disease, immunization or medical countermeasure

16  safety, immunization or medical countermeasure efficacy

17  and effectiveness, the quality of evidence reviewed,

18  economic analyses, and implementation issues. The

19  Committee may revise or withdraw its recommendations

20  regarding a particular immunization or medical

21  countermeasure as new information on disease epidemiology,

22  vaccine effectiveness or safety, economic considerations,

23  or other data become available.

24  (3) The Department of Public Health shall publish any

25  recommendations issued by the Immunization Advisory

26  Committee on the Department's website.
    HB0767 Enrolled  - 12 - LRB104 04666 BAB 14693 b

1   (c) The Director shall take into consideration any

2 comments or recommendations made by the Immunization Advisory

3 Committee.

4   (d) The Immunization Advisory Committee shall be composed

5 of no more than 21 the following members with knowledge of

6 immunization issues. Members shall serve for terms totaling 6

7 years for a maximum of 2 terms. On the effective date of this

8 amendatory Act of the 104th General Assembly, existing members

9 and any members appointed after the effective date of this

10 amendatory Act of the 104th General Assembly shall be assigned

11 equally into one of 3 classes. Members of the first class shall

12 vacate their seats after 2 years; the second class shall

13 vacate their seats after 4 years; and the third class shall

14 vacate their seats after 6 years so that one-third of members

15 may be appointed every 2 years. Any members serving on the

16 effective date of this amendatory Act of the 104th General

17 Assembly shall continue as members for whatever remainder of

18 time left for the class they are assigned until the completion

19 of that class's term. Members serving on the effective date of

20 this amendatory Act of the 104th General Assembly may serve 2

21 terms after their current term expires.

22  Members of the Immunization Advisory Committee appointed

23 after the effective date of this amendatory Act of the 104th

24 General Assembly shall include: (i) the Medical Director of

25 the Department of Public Health or the Medical Director's

26 delegate, (ii) a representative from an Illinois local health
HB0767 Enrolled  - 13 - LRB104 04666 BAB 14693 b

 1 department, (iii) a certified school nurse or a registered
 2 nurse working in a public school, (iv) a public health officer
 3 or administrator, (v) a representative of an immunization
 4 advocacy organization, (vi) a representative from the State
 5 Board of Education, and (vii) licensed health care
 6 professionals with knowledge of immunization issues in good
 7 standing with the Department of Financial and Professional
 8 Regulation, including, but not limited to, a pediatrician, a
 9 family physician, an internal medicine physician, an
10 obstetrician-gynecologist, a pharmacist, an academic
11 infectious disease clinician, a public health medical
12 provider, and at least one registered nurse. Physician members
13 must be licensed to practice medicine in all its branches. The
14 Department of Public Health may adopt rules and bylaws, as
15 necessary, on membership eligibility, voting procedures, and
16 other administrative matters for the Immunization Advisory
17 Committee in accordance with the Illinois Administrative
18 Procedure Act and any other applicable laws: a pediatrician, a
19 physician licensed to practice medicine in all its branches, a
20 family physician, an infectious disease specialist from a
21 university based center, 2 representatives of a local health
22 department, a registered nurse, a school nurse, a public
23 health provider, a public health officer or administrator, a
24 representative of a children's hospital, 2 representatives of
25 immunization advocacy organizations, a representative from the
26 State Board of Education, a person with expertise in
    HB0767 Enrolled       - 14 - LRB104 04666 BAB 14693 b

1 bioterrorism issues, and any other individuals or organization

2 representatives designated by the Director. The Director shall

3 designate one of the Advisory Committee members with a degree

4 of doctor of medicine or doctor of osteopathy to serve as the

5 Chairperson of the Advisory Committee.

6   (e) If, in the opinion of the Chairperson of the

7 Immunization Advisory Committee, the Director of Public Health

8 does not adequately consider the recommendations of the

9 Immunization Advisory Committee in issuing the State

10 Guidelines for Communicable Disease Prevention pursuant to

11 Section 1.2 of the Communicable Disease Prevention Act, the

12 Chairperson may call for an override vote. If two-thirds of

13 the Immunization Advisory Committee vote to override the

14 Director's published State Guidelines for Communicable Disease

15 Prevention, the Immunization Advisory Committee may republish

16 recommendations to serve as the State Guidelines for

17 Communicable Disease Prevention. These recommendations shall

18 serve as the State Guidelines for Communicable Disease

19 Prevention for not less than 6 months.

20 (Source: P.A. 92-561, eff. 6-24-02.)

21  Section 20. The Illinois Insurance Code is amended by

22 changing Sections 356z.62, 356z.77, and 424 as follows:

23  (215 ILCS 5/356z.62)

24  Sec. 356z.62. Coverage of preventive health services.
    HB0767 Enrolled      - 15 - LRB104 04666 BAB 14693 b

1   (a) A policy of group health insurance coverage or

2 individual health insurance coverage as defined in Section 5

3 of the Illinois Health Insurance Portability and

4 Accountability Act shall, at a minimum, provide coverage for

5 and shall not impose any cost-sharing requirements, including

6 a copayment, coinsurance, or deductible, for:

7   (1) evidence-based items or services that have in

8   effect a rating of "A" or "B" in the current

9   recommendations of the United States Preventive Services

10  Task Force;

11  (2) immunizations that have in effect a recommendation

12  from the Advisory Committee on Immunization Practices of

13  the Centers for Disease Control and Prevention with

14  respect to the individual involved;

15  (3) with respect to infants, children, and

16  adolescents, evidence-informed preventive care and

17  screenings provided for in the comprehensive guidelines

18  supported by the Health Resources and Services

19  Administration; and

20  (4) with respect to women, such additional preventive

21  care and screenings not described in paragraph (1) of this

22  subsection (a) as provided for in comprehensive guidelines

23  supported by the Health Resources and Services

24  Administration for purposes of this paragraph; and .

25  (5) immunizations and medical countermeasures that

26  have in effect a recommendation within the State
    HB0767 Enrolled         - 16 - LRB104 04666 BAB 14693 b

1   Guidelines for Communicable Disease Prevention issued by

2   the Director of Public Health pursuant to Section 1.2 of

3   the Communicable Disease Prevention Act, with respect to

4   the individual involved. For this paragraph, the

5   prohibition on cost-sharing requirements does not apply if

6   and to the extent that the coverage would disqualify a

7   high-deductible health plan from eligibility for a health

8   savings account pursuant to Section 223 of the Internal

9   Revenue Code.

10  (b) For purposes of this Section, and for purposes of any

11 other provision of State law, recommendations of the United

12 States Preventive Services Task Force regarding breast cancer

13 screening, mammography, and prevention issued in or around

14 November 2009 are not considered to be current.

15  (c) For office visits:

16  (1) if an item or service described in subsection (a)

17  is billed separately or is tracked as individual encounter

18  data separately from an office visit, then a policy may

19  impose cost-sharing requirements with respect to the

20  office visit;

21  (2) if an item or service described in subsection (a)

22  is not billed separately or is not tracked as individual

23  encounter data separately from an office visit and the

24  primary purpose of the office visit is the delivery of

25  such an item or service, then a policy may not impose

26  cost-sharing requirements with respect to the office
    HB0767 Enrolled  - 17 - LRB104 04666 BAB 14693 b

1   visit; and

2   (3) if an item or service described in subsection (a)

3   is not billed separately or is not tracked as individual

4   encounter data separately from an office visit and the

5   primary purpose of the office visit is not the delivery of

6   such an item or service, then a policy may impose

7   cost-sharing requirements with respect to the office

8   visit.

9   (d) A policy must provide coverage pursuant to subsection

10 (a) for plan or policy years that begin on or after the date

11 that is one year after the date the recommendation or

12 guideline is issued. If a recommendation or guideline is in

13 effect on the first day of the plan or policy year, or if a

14 recommendation becomes effective for an in-force policy under

15 the circumstances described in subsection (d-5), the policy

16 shall cover the items and services specified in the

17 recommendation or guideline through the last day of the plan

18 or policy year unless either:

19  (1) a recommendation under paragraph (1) of subsection

20  (a) is downgraded to a "D" rating; or

21  (2) the item or service is subject to a safety recall

22  or is otherwise determined to pose a significant safety

23  concern by a federal agency authorized to regulate the

24  item or service during the plan or policy year.

25  (d-5) Notwithstanding subsection (d), a policy, including

26 an in-force policy, must provide coverage pursuant to
    HB0767 Enrolled           - 18 - LRB104 04666 BAB 14693 b

1 paragraph (5) of subsection (a) within 15 business days after

2 the date the State Guidelines for Communicable Disease

3 Prevention are issued if the Guidelines reinstate any

4 recommendation or portion thereof under paragraph (2) of

5 subsection (a) that the Advisory Committee on Immunization

6 Practices has reduced or withdrawn.

7   (e) Network limitations.

8   (1) Subject to paragraph (3) of this subsection,

9   nothing in this Section requires coverage for items or

10  services described in subsection (a) that are delivered by

11  an out-of-network provider under a health maintenance

12  organization health care plan, other than a

13  point-of-service contract, or under a voluntary health

14  services plan that generally excludes coverage for

15  out-of-network services except as otherwise required by

16  law.

17  (2) Subject to paragraph (3) of this subsection,

18  nothing in this Section precludes a policy with a

19  preferred provider program under Article XX-1/2 of this

20  Code, a health maintenance organization point-of-service

21  contract, or a similarly designed voluntary health

22  services plan from imposing cost-sharing requirements for

23  items or services described in subsection (a) that are

24  delivered by an out-of-network provider.

25  (3) If a policy does not have in its network a provider

26  who can provide an item or service described in subsection
    HB0767 Enrolled           - 19 - LRB104 04666 BAB 14693 b

1   (a), then the policy must cover the item or service when

2   performed by an out-of-network provider and it may not

3   impose cost-sharing with respect to the item or service.

4   (f) Nothing in this Section prevents a company from using

5 reasonable medical management techniques to determine the

6 frequency, method, treatment, or setting for an item or

7 service described in subsection (a) to the extent not

8 specified in the recommendation or guideline.

9   (g) Nothing in this Section shall be construed to prohibit

10 a policy from providing coverage for items or services in

11 addition to those required under subsection (a) or from

12 denying coverage for items or services that are not required

13 under subsection (a). Unless prohibited by other law, a policy

14 may impose cost-sharing requirements for a treatment not

15 described in subsection (a) even if the treatment results from

16 an item or service described in subsection (a). Nothing in

17 this Section shall be construed to limit coverage requirements

18 provided under other law.

19  (h) The Director may develop guidelines to permit a

20 company to utilize value-based insurance designs. In the

21 absence of guidelines developed by the Director, any such

22 guidelines developed by the Secretary of the U.S. Department

23 of Health and Human Services that are in force under 42 U.S.C.

24 300gg-13 shall apply.

25  (i) For student health insurance coverage as defined at 45

26 CFR 147.145, student administrative health fees are not
    HB0767 Enrolled            - 20 - LRB104 04666 BAB 14693 b

1 considered cost-sharing requirements with respect to

2 preventive services specified under subsection (a). As used in

3 this subsection, "student administrative health fee" means a

4 fee charged by an institution of higher education on a

5 periodic basis to its students to offset the cost of providing

6 health care through health clinics regardless of whether the

7 students utilize the health clinics or enroll in student

8 health insurance coverage.

9   (j) For any recommendation or guideline specifically

10 referring to women or men, a company shall not deny or limit

11 the coverage required or a claim made under subsection (a)

12 based solely on the individual's recorded sex or actual or

13 perceived gender identity, or for the reason that the

14 individual is gender nonconforming, intersex, transgender, or

15 has undergone, or is in the process of undergoing, gender

16 transition, if, notwithstanding the sex or gender assigned at

17 birth, the covered individual meets the conditions for the

18 recommendation or guideline at the time the item or service is

19 furnished.

20  (k) This Section does not apply to grandfathered health

21 plans, excepted benefits, or short-term, limited-duration

22 health insurance coverage.

23 (Source: P.A. 103-551, eff. 8-11-23.)

24  (215 ILCS 5/356z.77)

25  Sec. 356z.77 356z.71. Coverage of vaccination
    HB0767 Enrolled     - 21 - LRB104 04666 BAB 14693 b

1 administration fees.

2   (a) A group or individual policy of accident and health

3 insurance or a managed care plan that is amended, delivered,

4 issued, or renewed on or after January 1, 2026 shall provide

5 coverage for vaccinations for COVID-19, influenza, and

6 respiratory syncytial virus, including the administration of

7 the vaccine by a pharmacist or health care provider authorized

8 to administer such a vaccine, without imposing a deductible,

9 coinsurance, copayment, or any other cost-sharing requirement,

10 if the following conditions are met:

11  (1) the vaccine is authorized or licensed by the

12  United States Food and Drug Administration; and

13  (2) the vaccine is ordered and administered according

14  to the State Guidelines for Communicable Disease

15  Prevention issued by the Director of Public Health

16  pursuant to Section 1.2 of the Communicable Disease

17  Prevention Act or the Advisory Committee on Immunization

18  Practices standard immunization schedule.

19  (b) If the vaccinations provided for in subsection (a) are

20 not otherwise available to be administered by a contracted

21 pharmacist or health care provider, the group or individual

22 policy of accident and health insurance or a managed care plan

23 shall cover the vaccination, including administration fees,

24 without imposing a deductible, coinsurance, copayment, or any

25 other cost-sharing requirement.

26  (c) The coverage required in this Section does not apply
    HB0767 Enrolled  - 22 - LRB104 04666 BAB 14693 b

1 to the extent that the coverage would disqualify a
2 high-deductible health plan from eligibility for a health
3 savings account pursuant to Section 223 of the Internal
4 Revenue Code of 1986.
5 (Source: P.A. 103-918, eff. 1-1-25; revised 12-3-24.)

6   (215 ILCS 5/424) (from Ch. 73, par. 1031)

7   (Text of Section before amendment by P.A. 104-55)

8   Sec. 424. Unfair methods of competition and unfair or

9 deceptive acts or practices defined. The following are hereby

10 defined as unfair methods of competition and unfair and

11 deceptive acts or practices in the business of insurance:

12  (1) The commission by any person of any one or more of

13  the acts defined or prohibited by Sections 134, 143.24c,

14  147, 148, 149, 151, 155.22, 155.22a, 155.42, 236, 237,

15  364, 469, and 513b1 of this Code.

16  (2) Entering into any agreement to commit, or by any

17  concerted action committing, any act of boycott, coercion

18  or intimidation resulting in or tending to result in

19  unreasonable restraint of, or monopoly in, the business of

20  insurance.

21  (3) Making or permitting, in the case of insurance of

22  the types enumerated in Classes 1, 2, and 3 of Section 4,

23  any unfair discrimination between individuals or risks of

24  the same class or of essentially the same hazard and

25  expense element because of the race, color, religion, or
    HB0767 Enrolled      - 23 - LRB104 04666 BAB 14693 b

1   national origin of such insurance risks or applicants. The

2   application of this Article to the types of insurance

3   enumerated in Class 1 of Section 4 shall in no way limit,

4   reduce, or impair the protections and remedies already

5   provided for by Sections 236 and 364 of this Code or any

6   other provision of this Code.

7   (4) Engaging in any of the acts or practices defined

8   in or prohibited by Sections 154.5 through 154.8 of this

9   Code.

10  (5) Making or charging any rate for insurance against

11  losses arising from the use or ownership of a motor

12  vehicle which requires a higher premium of any person by

13  reason of his physical disability, race, color, religion,

14  or national origin.

15  (6) Failing to meet any requirement of the Unclaimed

16  Life Insurance Benefits Act with such frequency as to

17  constitute a general business practice.

18 (Source: P.A. 102-778, eff. 7-1-22.)

19  (Text of Section after amendment by P.A. 104-55)

20  Sec. 424. Unfair methods of competition and unfair or

21 deceptive acts or practices defined. The following are hereby

22 defined as unfair methods of competition and unfair and

23 deceptive acts or practices in the business of insurance:

24  (1) The commission by any person of any one or more of

25  the acts defined or prohibited by Sections 134, 143.24c,
    HB0767 Enrolled      - 24 - LRB104 04666 BAB 14693 b

1   147, 148, 149, 151, 155.22, 155.22a, 155.42, 236, 237,

2   364, 469, and 513b1 of this Code.

3   (2) Entering into any agreement to commit, or by any

4   concerted action committing, any act of boycott, coercion

5   or intimidation resulting in or tending to result in

6   unreasonable restraint of, or monopoly in, the business of

7   insurance.

8   (3) Making or permitting, in the case of insurance of

9   the types enumerated in Classes 1, 2, and 3 of Section 4,

10  any unfair discrimination between individuals or risks of

11  the same class or of essentially the same hazard and

12  expense element because of the race, color, religion, or

13  national origin of such insurance risks or applicants. The

14  application of this Article to the types of insurance

15  enumerated in Class 1 of Section 4 shall in no way limit,

16  reduce, or impair the protections and remedies already

17  provided for by Sections 236 and 364 of this Code or any

18  other provision of this Code.

19  (4) Engaging in any of the acts or practices defined

20  in or prohibited by Sections 154.5 through 154.8 of this

21  Code.

22  (5) Making or charging any rate for insurance against

23  losses arising from the use or ownership of a motor

24  vehicle which requires a higher premium of any person by

25  reason of his physical disability, race, color, religion,

26  or national origin.
    HB0767 Enrolled         - 25 - LRB104 04666 BAB 14693 b

1   (6) Failing to meet any requirement of the Unclaimed

2   Life Insurance Benefits Act with such frequency as to

3   constitute a general business practice.

4   (7) Soliciting either an individual who is a resident

5   of a nursing home or long-term care facility or an

6   individual who is over the age of 65, as described in

7   paragraph (8) of this Section, to purchase accident or

8   health insurance, unless the person who is selling the

9   insurance:

10  (A) advises the potential enrollee of the benefit

11  of examining the potential enrollee's current

12  insurance        plan,  discusses        all  proposed

13  insurance-related changes with a family member,

14  friend, or other advisor of the potential enrollee,

15  and then waits 48 hours before making any

16  insurance-related changes concerning the potential

17  enrollee;

18  (B) provides a phone number that may be called if

19  the potential enrollee or the potential enrollee's

20  family members, friends, or other advisors have any

21  questions; and

22  (C) allows the potential enrollee to opt out of

23  any future communications with the person.

24  (8) Entering into or amending an accident or health

25  insurance policy with an individual who is over the age of

26  65 and who has executed a health care power of attorney or
    HB0767 Enrolled     - 26 - LRB104 04666 BAB 14693 b

1   has a medical condition, such as dementia, that reduces

2   the person's capacity to make informed decisions

3   independently, unless the potential enrollee's agent under

4   a health care power of attorney executes the agreement and

5   the agreement is reduced to writing.

6 (Source: P.A. 104-55, eff. 1-1-26.)

7   Section 25. The Illinois Insurance Code is amended by

8 changing Section 513b1, 513b1.1, and 513b2 as follows:

9   (215 ILCS 5/513b1)

10  (Text of Section before amendment by P.A. 104-27)

11  Sec. 513b1. Pharmacy benefit manager contracts.

12  (a) As used in this Article Section:

13  "340B drug discount program" means the program established

14 under Section 340B of the federal Public Health Service Act,

15 42 U.S.C. 256b.

16  "340B entity" means a covered entity as defined in 42

17 U.S.C. 256b(a)(4) authorized to participate in the 340B drug

18 discount program.

19  "340B pharmacy" means any pharmacy used to dispense 340B

20 drugs for a covered entity, whether entity-owned or external.

21  "Affiliate" means a person or entity that directly or

22 indirectly through one or more intermediaries controls or is

23 controlled by, or is under common control with, the person or

24 entity specified. The location of a person or entity's
    HB0767 Enrolled          - 27 - LRB104 04666 BAB 14693 b

1 domicile, whether in Illinois or a foreign or alien

2 jurisdiction, does not affect the person or entity's status as

3 an affiliate.

4   "Biological product" has the meaning ascribed to that term

5 in Section 19.5 of the Pharmacy Practice Act.

6   "Brand name drug" means a drug that has been approved

7 under 42 U.S.C. 262 or 21 U.S.C. 355(c), as applicable, and is

8 marketed, sold, or distributed under a proprietary,

9 trademark-protected name.

10  "Complex or chronic medical condition" means a physical,

11 behavioral, or developmental condition that has no known cure,

12 is progressive, or can be debilitating or fatal if unmanaged

13 or untreated.

14  "Covered individual" means a member, participant,

15 enrollee, contract holder, policyholder, or beneficiary of a

16 health benefit plan who is provided a drug benefit by the

17 health benefit plan.

18  "Critical access pharmacy" means a critical access care

19 pharmacy as defined in Section 5-5.12b of the Illinois Public

20 Aid Code.

21  "Drugs" has the meaning ascribed to that term in Section 3

22 of the Pharmacy Practice Act and includes biological products.

23  "Employee welfare benefit plan" has the meaning given to

24 that term in 29 U.S.C. 1002(1), without regard for whether the

25 employee welfare benefit plan is covered under 29 U.S.C. 1003.

26  "Federal governmental plan" has the meaning given to that
    HB0767 Enrolled        - 28 - LRB104 04666 BAB 14693 b

1 term in 42 U.S.C. 300gg-91(d)(8)(B).

2   "Generic drug" means a drug that has been approved under

3 42 U.S.C. 262 or 21 U.S.C. 355(c), as applicable, and is

4 marketed, sold, or distributed directly or indirectly to the

5 retail class of trade with labeling, packaging (other than

6 repackaging as the listed drug in blister packs, unit doses,

7 or similar packaging for use in institutions), product code,

8 labeler code, trade name, or trademark that differs from that

9 of the brand name drug.

10  "Health benefit plan" means a policy, contract,

11 certificate, or agreement entered into, offered, or issued by

12 an insurer to provide, deliver, arrange for, pay for, or

13 reimburse any of the costs of physical, mental, or behavioral

14 health care services. Notwithstanding Sections 122-1 through

15 122-4 of this Code, "health benefit plan" includes self-funded

16 employee welfare benefit plans except for self-funded

17 multiemployer plans that are not nonfederal government plans.

18  "Health benefit plan" does not include:

19  (1) workers compensation insurance, a federal

20  governmental plan, Medicare Advantage, Medicare Part D, a

21  Medicare demonstration program, or Tricare; or

22  (2) any program for dually eligible Medicare-Medicaid

23  beneficiaries enrolled in a program under which Medicare

24  pays for most or all of the covered drugs.

25  "Health benefit plan sponsor" or "plan sponsor" means:

26  (1) a plan sponsor, as defined in 29 U.S.C.
    HB0767 Enrolled           - 29 - LRB104 04666 BAB 14693 b

1   1002(16)(B), without regard for whether the employee

2   welfare benefit plan is covered under 29 U.S.C. 1003.

3   Except as provided by subsection (m), "plan sponsor"

4   includes the plan sponsor of a nonfederal governmental

5   plan, including a joint insurance pool described in

6   Section 6 of the Intergovernmental Cooperation Act; and

7   (2) any other governmental unit or public agency to

8   which any State law grants the rights of a plan sponsor

9   when incorporating this Article by reference.

10  "Maximum allowable cost" means the maximum amount that a

11 pharmacy benefit manager will reimburse a pharmacy for the

12 cost of a drug.

13  "Maximum allowable cost list" means a list of drugs for

14 which a maximum allowable cost has been established by a

15 pharmacy benefit manager.

16  "Multiemployer plan" has the meaning given to that term in

17 29 U.S.C. 1002(37).

18  "Nonfederal governmental plan" has the meaning given to

19 that term in 42 U.S.C. 300gg-91(d)(8)(C).

20  "Pharmacy benefit manager" means a person, business, or

21 entity, including a wholly or partially owned or controlled

22 subsidiary of a pharmacy benefit manager, that provides claims

23 processing services or other prescription drug or device

24 services, or both, for health benefit plans.

25  "Pharmacy" has the meaning given to that term in Section 3

26 of the Pharmacy Practice Act.
    HB0767 Enrolled       - 30 - LRB104 04666 BAB 14693 b

1   "Pharmacy services" means the provision of any services

2 listed within the definition of "practice of pharmacy" under

3 subsection (d) of Section 3 of the Pharmacy Practice Act.

4   "Rare medical condition" means a physical, behavioral, or

5 developmental condition that affects fewer than 200,000

6 individuals in the United States or approximately 1 in 1,500

7 individuals worldwide.

8   "Rebate" means a discount or pricing concession based on

9 drug utilization or administration that is paid by the

10 manufacturer to a pharmacy benefit manager or its client.

11  "Rebate aggregator" means a person or entity, including

12 group purchasing organizations, that negotiate rebates or

13 other fees with drug manufacturers on behalf or for the

14 benefit of a pharmacy benefit manager or its client and may

15 also be involved in contracts that entitle the rebate

16 aggregator or its client to receive rebates or other fees from

17 drug manufacturers based on drug utilization or

18 administration.

19  "Retail price" means the price an individual without

20 prescription drug coverage would pay at a retail pharmacy, not

21 including a pharmacist dispensing fee.

22  "Specialty drug" means a drug that:

23  (1) is prescribed for a person with a complex or

24  chronic medical condition or a rare medical condition;

25  (2) has limited or exclusive distribution; and

26  (3) requires both:
    HB0767 Enrolled  - 31 - LRB104 04666 BAB 14693 b

1        (A) specialized product handling by the dispensing

2   pharmacy or administration by the dispensing pharmacy;

3   and

4        (B) specialized clinical care, including frequent

5   dosing adjustments, intensive clinical monitoring, or

6   expanded services for patients, including intensive

7   patient counseling, education, or ongoing clinical

8   support beyond traditional dispensing activities, such

9   as individualized disease and therapy management to

10  support improved health outcomes.

11  "Spread pricing" means the model of drug pricing in which

12 the pharmacy benefit manager charges a health benefit plan a

13 contracted price for drugs, and the contracted price for the

14 drugs differs from the amount the pharmacy benefit manager

15 directly or indirectly pays the pharmacist or pharmacy for the

16 drugs, pharmacist services, or drug and dispensing fees.

17  "Steer" includes, but is not limited to:

18  (1) requiring a covered individual to only use a

19  pharmacy, including a mail-order or specialty pharmacy, in

20  which the pharmacy benefit manager or its affiliate, or an

21  insurer or its affiliate, maintains an ownership interest

22  or control;

23  (2) offering or implementing a plan design that

24  encourages a covered individual to only use a pharmacy in

25  which the pharmacy benefit manager or an affiliate, or an

26  insurer or its affiliate, maintains an ownership interest
    HB0767 Enrolled            - 32 - LRB104 04666 BAB 14693 b

1   or control, if the plan design increases costs for the

2   covered individual. This includes a plan design that

3   requires a covered individual to pay higher costs or an

4   increased share of costs for a drug or drug-related

5   service if the covered individual uses a pharmacy that is

6   not owned or controlled by the pharmacy benefit manager or

7   its affiliate or an insurer or its affiliate; and

8   (3) reimbursing a pharmacy or pharmacist for a drug

9   and pharmacist service in an amount less than the amount

10  that the pharmacy benefit manager or an insurer reimburses

11  itself or an affiliate, including affiliated manufacturers

12  or joint ventures for providing the same drug or service.

13  "Third-party payer" means any entity that pays for

14 prescription drugs on behalf of a patient other than a health

15 care provider or sponsor of a plan subject to regulation under

16 Medicare Part D, 42 U.S.C. 1395w-101 et seq.

17  The changes made to this subsection by this amendatory Act

18 of the 104th General Assembly shall be deemed to be operative

19 on and after July 1, 2025.

20  (a-5) In this Article, references to an "insurer" or

21 "health insurer" shall include commercial private health

22 insurance issuers, managed care organizations, managed care

23 community networks, and any other third-party payer that

24 contracts with pharmacy benefit managers or with the

25 Department of Healthcare and Family Services to provide

26 benefits or services under the Medicaid program or to
    HB0767 Enrolled  - 33 - LRB104 04666 BAB 14693 b

1 otherwise engage in the administration or payment of pharmacy

2 benefits. However, the terms do not refer to the plan sponsor

3 of a self-funded, single-employer employee welfare benefit

4 plan or self-funded multiemployer plan if either plan is

5 covered by 29 U.S.C. 1003. This subsection shall be deemed to

6 be operative on and after July 1, 2025.

7   (b) A contract between a health insurer and a pharmacy

8 benefit manager must require that the pharmacy benefit

9 manager:

10  (1) Update maximum allowable cost pricing information

11  at least every 7 calendar days.

12  (2) Maintain a process that will, in a timely manner,

13  eliminate drugs from maximum allowable cost lists or

14  modify drug prices to remain consistent with changes in

15  pricing data used in formulating maximum allowable cost

16  prices and product availability.

17  (3) Provide access to its maximum allowable cost list

18  to each pharmacy or pharmacy services administrative

19  organization subject to the maximum allowable cost list.

20  Access may include a real-time pharmacy website portal to

21  be able to view the maximum allowable cost list. As used in

22  this Section, "pharmacy services administrative

23  organization" means an entity operating within the State

24  that contracts with independent pharmacies to conduct

25  business on their behalf with third-party payers. A

26  pharmacy services administrative organization may provide
    HB0767 Enrolled  - 34 - LRB104 04666 BAB 14693 b

1   administrative services to pharmacies and negotiate and

2   enter into contracts with third-party payers or pharmacy

3   benefit managers on behalf of pharmacies.

4   (4) Provide a process by which a contracted pharmacy

5   can appeal the provider's reimbursement for a drug subject

6   to maximum allowable cost pricing. The appeals process

7   must, at a minimum, include the following:

8   (A) A requirement that a contracted pharmacy has

9   14 calendar days after the applicable fill date to

10  appeal a maximum allowable cost if the reimbursement

11  for the drug is less than the net amount that the

12  network provider paid to the supplier of the drug.

13  (B) A requirement that a pharmacy benefit manager

14  must respond to a challenge within 14 calendar days of

15  the contracted pharmacy making the claim for which the

16  appeal has been submitted.

17  (C) A telephone number and e-mail address or

18  website to network providers, at which the provider

19  can contact the pharmacy benefit manager to process

20  and submit an appeal.

21  (D) A requirement that, if an appeal is denied,

22  the pharmacy benefit manager must provide the reason

23  for the denial and the name and the national drug code

24  number from national or regional wholesalers.

25  (E) A requirement that, if an appeal is sustained,

26  the pharmacy benefit manager must make an adjustment
    HB0767 Enrolled  - 35 - LRB104 04666 BAB 14693 b

1   in the drug price effective the date the challenge is

2   resolved and make the adjustment applicable to all

3   similarly situated network pharmacy providers, as

4   determined by the managed care organization or

5   pharmacy benefit manager.

6   (5) Allow a plan sponsor contracting with a pharmacy

7   benefit manager an annual right to audit compliance with

8   the terms of the contract by the pharmacy benefit manager,

9   including, but not limited to, full disclosure of any and

10  all rebate amounts secured, whether product specific or

11  generalized rebates, that were provided to the pharmacy

12  benefit manager by a pharmaceutical manufacturer.

13  (6) Allow a plan sponsor contracting with a pharmacy

14  benefit manager to request that the pharmacy benefit

15  manager disclose the actual amounts paid by the pharmacy

16  benefit manager to the pharmacy.

17  (7) Provide notice to the party contracting with the

18  pharmacy benefit manager of any consideration that the

19  pharmacy benefit manager receives from the manufacturer

20  for dispense as written prescriptions once a generic or

21  biologically similar product becomes available.

22  (c) In order to place a particular prescription drug on a

23 maximum allowable cost list, the pharmacy benefit manager

24 must, at a minimum, ensure that:

25  (1) if the drug is a generically equivalent drug, it

26  is listed as therapeutically equivalent and
    HB0767 Enrolled        - 36 - LRB104 04666 BAB 14693 b

1   pharmaceutically equivalent "A" or "B" rated in the United

2   States Food and Drug Administration's most recent version

3   of the "Orange Book" or have an NR or NA rating by

4   Medi-Span, Gold Standard, or a similar rating by a

5   nationally recognized reference;

6   (2) the drug is available for purchase by each

7   pharmacy in the State from national or regional

8   wholesalers operating in Illinois; and

9   (3) the drug is not obsolete.

10  (d) A pharmacy benefit manager is prohibited from limiting

11 a pharmacist's ability to disclose whether the cost-sharing

12 obligation exceeds the retail price for a covered prescription

13 drug, and the availability of a more affordable alternative

14 drug, if one is available in accordance with Section 42 of the

15 Pharmacy Practice Act.

16  (e) A health insurer or pharmacy benefit manager shall not

17 require an insured to make a payment for a prescription drug at

18 the point of sale in an amount that exceeds the lesser of:

19  (1) the applicable cost-sharing amount; or

20  (2) the retail price of the drug in the absence of

21  prescription drug coverage.

22  (f) Unless required by law, a contract between a pharmacy

23 benefit manager or third-party payer and a 340B entity or 340B

24 pharmacy shall not contain any provision that:

25  (1) distinguishes between drugs purchased through the

26  340B drug discount program and other drugs when
    HB0767 Enrolled  - 37 - LRB104 04666 BAB 14693 b

1   determining reimbursement or reimbursement methodologies,

2   or contains otherwise less favorable payment terms or

3   reimbursement methodologies for 340B entities or 340B

4   pharmacies when compared to similarly situated non-340B

5   entities;

6   (2) imposes any fee, chargeback, or rate adjustment

7   that is not similarly imposed on similarly situated

8   pharmacies that are not 340B entities or 340B pharmacies;

9   (3) imposes any fee, chargeback, or rate adjustment

10  that exceeds the fee, chargeback, or rate adjustment that

11  is not similarly imposed on similarly situated pharmacies

12  that are not 340B entities or 340B pharmacies;

13  (4) prevents or interferes with an individual's choice

14  to receive a covered prescription drug from a 340B entity

15  or 340B pharmacy through any legally permissible means,

16  except that nothing in this paragraph shall prohibit the

17  establishment of differing copayments or other

18  cost-sharing amounts within the benefit plan for covered

19  persons who acquire covered prescription drugs from a

20  nonpreferred or nonparticipating provider;

21  (5) excludes a 340B entity or 340B pharmacy from a

22  pharmacy network on any basis that includes consideration

23  of whether the 340B entity or 340B pharmacy participates

24  in the 340B drug discount program;

25  (6) prevents a 340B entity or 340B pharmacy from using

26  a drug purchased under the 340B drug discount program; or
    HB0767 Enrolled  - 38 - LRB104 04666 BAB 14693 b

1   (7) any other provision that discriminates against a

2   340B entity or 340B pharmacy by treating the 340B entity

3   or 340B pharmacy differently than non-340B entities or

4   non-340B pharmacies for any reason relating to the

5   entity's participation in the 340B drug discount program.

6   As used in this subsection, "pharmacy benefit manager" and

7 "third-party payer" do not include pharmacy benefit managers

8 and third-party payers acting on behalf of a Medicaid program.

9   (g) A violation of this Section by a pharmacy benefit

10 manager constitutes an unfair or deceptive act or practice in

11 the business of insurance under Section 424.

12  (h) A provision that violates subsection (f) in a contract

13 between a pharmacy benefit manager or a third-party payer and

14 a 340B entity that is entered into, amended, or renewed after

15 July 1, 2022 shall be void and unenforceable.

16  (i)(1) A pharmacy benefit manager may not retaliate

17 against a pharmacist or pharmacy for disclosing information in

18 a court, in an administrative hearing, before a legislative

19 commission or committee, or in any other proceeding, if the

20 pharmacist or pharmacy has reasonable cause to believe that

21 the disclosed information is evidence of a violation of a

22 State or federal law, rule, or regulation.

23  (2) A pharmacy benefit manager may not retaliate against a

24 pharmacist or pharmacy for disclosing information to a

25 government or law enforcement agency, if the pharmacist or

26 pharmacy has reasonable cause to believe that the disclosed
    HB0767 Enrolled          - 39 - LRB104 04666 BAB 14693 b

1 information is evidence of a violation of a State or federal

2 law, rule, or regulation.

3   (3) A pharmacist or pharmacy shall make commercially

4 reasonable efforts to limit the disclosure of confidential and

5 proprietary information.

6   (4) Retaliatory actions against a pharmacy or pharmacist

7 include cancellation of, restriction of, or refusal to renew

8 or offer a contract to a pharmacy solely because the pharmacy

9 or pharmacist has:

10  (A) made disclosures of information that the

11  pharmacist or pharmacy has reasonable cause to believe is

12  evidence of a violation of a State or federal law, rule, or

13  regulation;

14  (B) filed complaints with the plan or pharmacy benefit

15  manager; or

16  (C) filed complaints against the plan or pharmacy

17  benefit manager with the Department.

18  (j) This Section applies to contracts entered into or

19 renewed on or after July 1, 2022.

20  (k) This Section applies to any group or individual policy

21 of accident and health insurance or managed care plan that

22 provides coverage for prescription drugs and that is amended,

23 delivered, issued, or renewed on or after July 1, 2020.

24  (m) This Article applies in relation to plan sponsors of

25 self-funded nonfederal governmental plans only when a State

26 law organizing the governmental unit incorporates this Article
    HB0767 Enrolled        - 40 - LRB104 04666 BAB 14693 b

1 by reference. Nothing shall be construed to exclude a joint

2 self-insurance pool created under Section 6 of the

3 Intergovernmental Cooperation Act from references to a plan

4 sponsor if any pool member's organizing State law incorporates

5 this Article by reference, but a pharmacy benefit manager is

6 not subject to the requirements of this Article in relation to

7 any pool member whose organizing State law does not

8 incorporate this Article. This subsection shall be deemed to

9 be operative on and after July 1, 2025.

10  (n) Regardless of whether a health benefit plan is

11 insurance, the applicability of this Article to a health

12 benefit plan shall be determined in the same manner as the

13 determination of whether a person is transacting insurance in

14 this State under Sections 121-2.03, 121-2.04, and 121-2.05 and

15 subsections (a), (c), and (e) of Section 121-3. For any health

16 benefit plan subject to this Article, unless specifically

17 provided otherwise, this Article applies to all covered

18 individuals under the health benefit plan, regardless of the

19 individual's residence. The exemption for group accident and

20 health insurance described in subsection (c) of Section 352,

21 as implemented by Department regulation, extends in the same

22 manner to all other health benefit plans with respect to the

23 requirements of this Article. This subsection shall be deemed

24 to be operative on and after July 1, 2025.

25 (Source: P.A. 102-778, eff. 7-1-22; 103-154, eff. 6-30-23;

26 103-453, eff. 8-4-23.)
    HB0767 Enrolled           - 41 - LRB104 04666 BAB 14693 b

1   (Text of Section after amendment by P.A. 104-27)

2   Sec. 513b1. Pharmacy benefit manager contracts.

3   (a) As used in this Article Section:

4   "340B drug discount program" means the program established

5 under Section 340B of the federal Public Health Service Act,

6 42 U.S.C. 256b.

7   "340B entity" means a covered entity as defined in 42

8 U.S.C. 256b(a)(4) authorized to participate in the 340B drug

9 discount program.

10  "340B pharmacy" means any pharmacy used to dispense 340B

11 drugs for a covered entity, whether entity-owned or external.

12  "Affiliate" means a person or entity that directly or

13 indirectly through one or more intermediaries controls or is

14 controlled by, or is under common control with, the person or

15 entity specified. The location of a person or entity's

16 domicile, whether in Illinois or a foreign or alien

17 jurisdiction, does not affect the person or entity's status as

18 an affiliate.

19  "Biological product" has the meaning ascribed to that term

20 in Section 19.5 of the Pharmacy Practice Act.

21  "Brand name drug" means a drug that has been approved

22 under 42 U.S.C. 262 or 21 U.S.C. 355(c), as applicable, and is

23 marketed, sold, or distributed under a proprietary,

24 trademark-protected name.

25  "Complex or chronic medical condition" means a physical,
    HB0767 Enrolled         - 42 - LRB104 04666 BAB 14693 b

1 behavioral, or developmental condition that has no known cure,

2 is progressive, or can be debilitating or fatal if unmanaged

3 or untreated.

4   "Covered individual" means a member, participant,

5 enrollee, contract holder, policyholder, or beneficiary of a

6 health benefit plan who is provided a drug benefit by the

7 health benefit plan.

8   "Critical access pharmacy" means a critical access care

9 pharmacy as defined in Section 5-5.12b of the Illinois Public

10 Aid Code.

11  "Drugs" has the meaning ascribed to that term in Section 3

12 of the Pharmacy Practice Act and includes biological products.

13  "Employee welfare benefit plan" has the meaning given to

14 that term in 29 U.S.C. 1002(1), without regard for whether the

15 employee welfare benefit plan is covered under 29 U.S.C. 1003.

16  "Federal governmental plan" has the meaning given to that

17 term in 42 U.S.C. 300gg-91(d)(8)(B).

18  "Generic drug" means a drug that has been approved under

19 42 U.S.C. 262 or 21 U.S.C. 355(c), as applicable, and is

20 marketed, sold, or distributed directly or indirectly to the

21 retail class of trade with labeling, packaging (other than

22 repackaging as the listed drug in blister packs, unit doses,

23 or similar packaging for use in institutions), product code,

24 labeler code, trade name, or trademark that differs from that

25 of the brand name drug.

26  "Health benefit plan" means a policy, contract,
    HB0767 Enrolled  - 43 - LRB104 04666 BAB 14693 b

1 certificate, or agreement entered into, offered, or issued by

2 an insurer to provide, deliver, arrange for, pay for, or

3 reimburse any of the costs of physical, mental, or behavioral

4 health care services. Notwithstanding Sections 122-1 through

5 122-4 of this Code, "health benefit plan" includes self-funded

6 employee welfare benefit plans. Notwithstanding Sections 122-1

7 through 122-4 of this Code, "health benefit plan" includes

8 self-funded employee welfare benefit plans except for

9 self-funded multiemployer plans that are not nonfederal

10 government plans. "Health benefit plan" does not include:

11  (1) workers compensation insurance, a federal

12  governmental plan, Medicare Advantage, Medicare Part D, a

13  Medicare demonstration program, or Tricare; or

14  (2) any program for dually eligible Medicare-Medicaid

15  beneficiaries enrolled in a program under which Medicare

16  pays for most or all of the covered drugs.

17  "Health benefit plan sponsor" or "plan sponsor" means:

18  (1) a plan sponsor, as defined in 29 U.S.C.

19  1002(16)(B), without regard for whether the employee

20  welfare benefit plan is covered under 29 U.S.C. 1003.

21  Except as provided by subsection (m), "plan sponsor"

22  includes the plan sponsor of a nonfederal governmental

23  plan, including a joint insurance pool described in

24  Section 6 of the Intergovernmental Cooperation Act; and

25  (2) any other governmental unit or public agency to

26  which any State law grants the rights of a plan sponsor
    HB0767 Enrolled           - 44 - LRB104 04666 BAB 14693 b

1   when incorporating this Article by reference.

2   "Maximum allowable cost" means the maximum amount that a

3 pharmacy benefit manager will reimburse a pharmacy for the

4 cost of a drug.

5   "Maximum allowable cost list" means a list of drugs for

6 which a maximum allowable cost has been established by a

7 pharmacy benefit manager.

8   "Multiemployer plan" has the meaning given to that term in

9 29 U.S.C. 1002(37).

10  "Nonfederal governmental plan" has the meaning given to

11 that term in 42 U.S.C. 300gg-91(d)(8)(C).

12  "Pharmacy benefit manager" means a person, business, or

13 entity, including a wholly or partially owned or controlled

14 subsidiary of a pharmacy benefit manager, that provides claims

15 processing services or other drug or device services, or both,

16 for health benefit plans.

17  "Pharmacy" has the meaning given to that term in Section 3

18 of the Pharmacy Practice Act.

19  "Pharmacy services" means the provision of any services

20 listed within the definition of "practice of pharmacy" under

21 subsection (d) of Section 3 of the Pharmacy Practice Act.

22  "Rare medical condition" means a physical, behavioral, or

23 developmental condition that affects fewer than 200,000

24 individuals in the United States or approximately 1 in 1,500

25 individuals worldwide.

26  "Rebate" means a discount or pricing concession based on
    HB0767 Enrolled            - 45 - LRB104 04666 BAB 14693 b

1 drug utilization or administration that is paid by the

2 manufacturer to a pharmacy benefit manager or its client.

3   "Rebate aggregator" means a person or entity, including

4 group purchasing organizations, that negotiate rebates or

5 other fees with drug manufacturers on behalf or for the

6 benefit of a pharmacy benefit manager or its client and may

7 also be involved in contracts that entitle the rebate

8 aggregator or its client to receive rebates or other fees from

9 drug manufacturers based on drug utilization or

10 administration.

11  "Retail price" means the price an individual without drug

12 coverage would pay at a retail pharmacy, not including a

13 pharmacist dispensing fee.

14  "Specialty drug" means a drug that:

15  (1) is prescribed for a person with a complex or

16  chronic medical condition or a rare medical condition;

17  (2) has limited or exclusive distribution; and

18  (3) requires both:

19       (A) specialized product handling by the dispensing

20  pharmacy or administration by the dispensing pharmacy;

21  and

22       (B) specialized clinical care, including frequent

23  dosing adjustments, intensive clinical monitoring, or

24  expanded services for patients, including intensive

25  patient counseling, education, or ongoing clinical

26  support beyond traditional dispensing activities, such
    HB0767 Enrolled  - 46 - LRB104 04666 BAB 14693 b

1   as individualized disease and therapy management to

2   support improved health outcomes.

3   "Spread pricing" means the model of drug pricing in which

4 the pharmacy benefit manager charges a health benefit plan a

5 contracted price for drugs, and the contracted price for the

6 drugs differs from the amount the pharmacy benefit manager

7 directly or indirectly pays the pharmacist or pharmacy for the

8 drugs, pharmacist services, or drug and dispensing fees.

9   "Steer" includes, but is not limited to:

10  (1) requiring a covered individual to only use a

11  pharmacy, including a mail-order or specialty pharmacy, in

12  which the pharmacy benefit manager or its affiliate, or an

13  insurer or its affiliate, maintains an ownership interest

14  or control;

15  (2) offering or implementing a plan design that

16  encourages a covered individual to only use a pharmacy in

17  which the pharmacy benefit manager or an affiliate, or an

18  insurer or its affiliate, maintains an ownership interest

19  or control, if the plan design increases costs for the

20  covered individual. This includes a plan design that

21  requires a covered individual to pay higher costs or an

22  increased share of costs for a drug or drug-related

23  service if the covered individual uses a pharmacy that is

24  not owned or controlled by the pharmacy benefit manager or

25  its affiliate or an insurer or its affiliate; and.

26  (3) reimbursing a pharmacy or pharmacist for a drug
    HB0767 Enrolled            - 47 - LRB104 04666 BAB 14693 b

1   and pharmacist service in an amount less than the amount

2   that the pharmacy benefit manager or an insurer reimburses

3   itself or an affiliate, including affiliated manufacturers

4   or joint ventures for providing the same drug or service.

5   "Third-party payer" means any entity that pays for drugs

6 on behalf of a patient other than a health care provider or

7 sponsor of a plan subject to regulation under Medicare Part D,

8 42 U.S.C. 1395w-101 et seq.

9   The changes made to this subsection by this amendatory Act

10 of the 104th General Assembly shall be deemed to be operative

11 on and after July 1, 2025.

12  (a-5) In this Article, references to an "insurer" or

13 "health insurer" shall include commercial private health

14 insurance issuers, managed care organizations, managed care

15 community networks, and any other third-party payer that

16 contracts with pharmacy benefit managers or with the

17 Department of Healthcare and Family Services to provide

18 benefits or services under the Medicaid program or to

19 otherwise engage in the administration or payment of pharmacy

20 benefits. However, the terms do not refer to the plan sponsor

21 of a self-funded, single-employer employee welfare benefit

22 plan or self-funded multiemployer plan if either plan is

23 covered by 29 U.S.C. 1003 subject to 29 U.S.C. 1144. This

24 subsection shall be deemed to be operative on and after July 1,

25 2025.

26  (b) A contract between a health insurer or plan sponsor
    HB0767 Enrolled  - 48 - LRB104 04666 BAB 14693 b

1 and a pharmacy benefit manager must require that the pharmacy

2 benefit manager:

3   (1) Update maximum allowable cost pricing information

4   at least every 7 calendar days.

5   (2) Maintain a process that will, in a timely manner,

6   eliminate drugs from maximum allowable cost lists or

7   modify drug prices to remain consistent with changes in

8   pricing data used in formulating maximum allowable cost

9   prices and product availability.

10  (3) Provide access to its maximum allowable cost list

11  to each pharmacy or pharmacy services administrative

12  organization subject to the maximum allowable cost list.

13  Access may include a real-time pharmacy website portal to

14  be able to view the maximum allowable cost list. As used in

15  this Section, "pharmacy services administrative

16  organization" means an entity operating within the State

17  that contracts with independent pharmacies to conduct

18  business on their behalf with third-party payers. A

19  pharmacy services administrative organization may provide

20  administrative services to pharmacies and negotiate and

21  enter into contracts with third-party payers or pharmacy

22  benefit managers on behalf of pharmacies.

23  (4) Provide a process by which a contracted pharmacy

24  can appeal the provider's reimbursement for a drug subject

25  to maximum allowable cost pricing. The appeals process

26  must, at a minimum, include the following:
    HB0767 Enrolled  - 49 - LRB104 04666 BAB 14693 b

1   (A) A requirement that a contracted pharmacy has

2   14 calendar days after the applicable fill date to

3   appeal a maximum allowable cost if the reimbursement

4   for the drug is less than the net amount that the

5   network provider paid to the supplier of the drug.

6   (B) A requirement that a pharmacy benefit manager

7   must respond to a challenge within 14 calendar days of

8   the contracted pharmacy making the claim for which the

9   appeal has been submitted.

10  (C) A telephone number and e-mail address or

11  website to network providers, at which the provider

12  can contact the pharmacy benefit manager to process

13  and submit an appeal.

14  (D) A requirement that, if an appeal is denied,

15  the pharmacy benefit manager must provide the reason

16  for the denial and the name and the national drug code

17  number from national or regional wholesalers.

18  (E) A requirement that, if an appeal is sustained,

19  the pharmacy benefit manager must make an adjustment

20  in the drug price effective the date the challenge is

21  resolved and make the adjustment applicable to all

22  similarly situated network pharmacy providers, as

23  determined by the managed care organization or

24  pharmacy benefit manager.

25  (5) Allow a plan sponsor or insurer whose coverage is

26  administered by the pharmacy benefit manager an annual
    HB0767 Enrolled  - 50 - LRB104 04666 BAB 14693 b

1   right to audit compliance with the terms of the contract

2   by the pharmacy benefit manager, including, but not

3   limited to, full disclosure of any and all rebate amounts

4   secured, whether product specific or generalized rebates,

5   that were provided to the pharmacy benefit manager by a

6   pharmaceutical manufacturer. The cost of the audit shall

7   be borne exclusively by the pharmacy benefit manager.

8   (6) Allow a plan sponsor or insurer whose coverage is

9   administered by the pharmacy benefit manager to request

10  that the pharmacy benefit manager disclose the actual

11  amounts paid by the pharmacy benefit manager to the

12  pharmacy.

13  (7) Provide notice to the plan sponsor or the insurer

14  party contracting with the pharmacy benefit manager of any

15  consideration that the pharmacy benefit manager receives

16  from the manufacturer for dispense as written once a

17  generic or biologically similar product becomes available.

18  (c) In order to place a particular drug on a maximum

19 allowable cost list, the pharmacy benefit manager described in

20 subsection (b) must, at a minimum, ensure that:

21  (1) if the drug is a generically equivalent drug, it

22  is listed as therapeutically equivalent and

23  pharmaceutically equivalent "A" or "B" rated in the United

24  States Food and Drug Administration's most recent version

25  of the "Orange Book" or have an NR or NA rating by

26  Medi-Span, Gold Standard, or a similar rating by a
    HB0767 Enrolled        - 51 - LRB104 04666 BAB 14693 b

1   nationally recognized reference;

2   (2) the drug is available for purchase by each

3   pharmacy in the State from national or regional

4   wholesalers operating in Illinois; and

5   (3) the drug is not obsolete.

6   (d) A pharmacy benefit manager or an insurer is prohibited

7 from limiting a pharmacist's ability to disclose whether the

8 cost-sharing obligation exceeds the retail price for a covered

9 drug, and the availability of a more affordable alternative

10 drug, if one is available in accordance with Section 42 of the

11 Pharmacy Practice Act.

12  (e) A health insurer or pharmacy benefit manager shall not

13 require a covered individual to make a payment for a drug at

14 the point of sale in an amount that exceeds the lesser of:

15  (1) the applicable cost-sharing amount;

16  (2) the retail price of the drug in the absence of drug

17  coverage;

18  (3) the discounted price presented by the covered

19  individual through a no-cost drug program or drug

20  manufacturer voucher provided by or for the covered

21  individual at the point of sale; or

22  (4) the discounted price presented by the covered

23  individual through a discounted health care services plan

24  provided by or for the covered individual at the point of

25  sale.

26  This subsection applies to any covered individual of a
    HB0767 Enrolled  - 52 - LRB104 04666 BAB 14693 b

1 health benefit plan from an insurer, a nonfederal governmental

2 plan sponsor, or any other governmental unit or public agency

3 to which any State law grants the rights of a plan sponsor when

4 incorporating this Article by reference.

5   (f) Unless required by law, a contract between a pharmacy

6 benefit manager or third-party payer and a 340B entity or 340B

7 pharmacy shall not contain any provision that:

8   (1) distinguishes between drugs purchased through the

9   340B drug discount program and other drugs when

10  determining reimbursement or reimbursement methodologies,

11  or contains otherwise less favorable payment terms or

12  reimbursement methodologies for 340B entities or 340B

13  pharmacies when compared to similarly situated non-340B

14  entities;

15  (2) imposes any fee, chargeback, or rate adjustment

16  that is not similarly imposed on similarly situated

17  pharmacies that are not 340B entities or 340B pharmacies;

18  (3) imposes any fee, chargeback, or rate adjustment

19  that exceeds the fee, chargeback, or rate adjustment that

20  is not similarly imposed on similarly situated pharmacies

21  that are not 340B entities or 340B pharmacies;

22  (4) prevents or interferes with an individual's choice

23  to receive a covered drug from a 340B entity or 340B

24  pharmacy through any legally permissible means, except

25  that nothing in this paragraph shall prohibit the

26  establishment of differing copayments or other
    HB0767 Enrolled         - 53 - LRB104 04666 BAB 14693 b

1   cost-sharing amounts within the health benefit plan for

2   covered individuals who acquire covered drugs from a

3   nonpreferred or nonparticipating provider;

4   (5) excludes a 340B entity or 340B pharmacy from a

5   pharmacy network on any basis that includes consideration

6   of whether the 340B entity or 340B pharmacy participates

7   in the 340B drug discount program;

8   (6) prevents a 340B entity or 340B pharmacy from using

9   a drug purchased under the 340B drug discount program; or

10  (7) any other provision that discriminates against a

11  340B entity or 340B pharmacy by treating the 340B entity

12  or 340B pharmacy differently than non-340B entities or

13  non-340B pharmacies for any reason relating to the

14  entity's participation in the 340B drug discount program.

15  As used in this subsection, "pharmacy benefit manager" and

16 "third-party payer" do not include pharmacy benefit managers

17 and third-party payers acting on behalf of a Medicaid program.

18  (f-5) A pharmacy benefit manager or an affiliate acting on

19 its behalf shall not conduct spread pricing.

20  (f-10) A pharmacy benefit manager or an affiliate acting

21 on its behalf shall not steer a covered individual. This

22 prohibition also applies to an insurer and its affiliates.

23 Existing agreements entered into before the effective date of

24 this amendatory Act of the 104th General Assembly shall

25 supersede this subsection until the termination of the current

26 term of such agreement.
    HB0767 Enrolled             - 54 - LRB104 04666 BAB 14693 b

1   (f-15) A pharmacy benefit manager or affiliated rebate

2 aggregator must remit no less than 100% of any amounts paid by

3 a pharmaceutical manufacturer, wholesaler, or other

4 distributor of a drug, including, but not limited to, rebates,

5 group purchasing fees, and other fees, to the health benefit

6 plan sponsor, covered individual, or employer. Records of

7 rebates and fees remitted from the pharmacy benefit manager or

8 rebate aggregator must be disclosed to the Department annually

9 in a format to be specified by the Department. The records

10 received by the Department shall be considered confidential

11 and privileged for all purposes, including for purposes of the

12 Freedom of Information Act, shall not be subject to subpoena

13 from any private party, and shall not be admissible as

14 evidence in a civil action.

15  (f-20) A pharmacy benefit manager or an affiliate acting

16 on its behalf is prohibited from limiting a covered

17 individual's access to drugs from a pharmacy or pharmacist

18 enrolled with the health benefit plan under the terms offered

19 to all pharmacies in the plan coverage area by designating the

20 covered drug as a specialty drug contrary to the definition in

21 this Section. This prohibition also applies to an insurer and

22 its affiliates.

23  (f-25) The contract between the pharmacy benefit manager

24 and the insurer or health benefit plan sponsor must allow and

25 provide for the pharmacy benefit manager's compliance with an

26 audit at least once per calendar year of the rebate and fee
    HB0767 Enrolled  - 55 - LRB104 04666 BAB 14693 b

1 records remitted from a pharmacy benefit manager or its

2 affiliated party to a health benefit plan. This audit may be

3 incorporated into the audit under paragraph (5) of subsection

4 (b) of this Section. Contracts with rebate aggregators,

5 pharmacy services administrative organizations, pharmacies, or

6 drug manufacturers must be available for audit by health

7 benefit plan sponsors, insurers, or their designees at least

8 once per plan year. Audits shall be performed by an auditor

9 selected by the health benefit plan sponsor, insurer, or its

10 designee. Health benefit plan sponsors and insurers shall give

11 the pharmacy benefit manager a complete copy of the audit and

12 the pharmacy benefit manager shall provide a complete copy of

13 those findings to the Department within 60 days of initial

14 receipt. Rebate contracts with rebate aggregators, pharmacy

15 services administrative organizations, pharmacies, or drug

16 manufacturers shall be available for audit by health benefit

17 plan sponsor, insurer, or designee. Nothing in this Section

18 shall limit the Department's ability to access the books and

19 records and any and all copies thereof of pharmacy benefit

20 managers, their affiliates, or affiliated rebate aggregators.

21 The records received by the Department shall be considered

22 confidential and privileged for all purposes, including for

23 purposes of the Freedom of Information Act, shall not be

24 subject to subpoena from any private party, and shall not be

25 admissible as evidence in a civil action.

26  (g) A violation of this Section by a pharmacy benefit
    HB0767 Enrolled           - 56 - LRB104 04666 BAB 14693 b

1 manager constitutes an unfair or deceptive act or practice in

2 the business of insurance under Section 424.

3   (h) A provision that violates subsection (f) in a contract

4 between a pharmacy benefit manager or a third-party payer and

5 a 340B entity that is entered into, amended, or renewed after

6 July 1, 2022 shall be void and unenforceable. This subsection

7 and subsection (f) do not apply to a contract directly between

8 a 340B entity and the plan sponsor of a self-funded,

9 single-employer or multiemployer employee welfare benefit plan

10 subject to 29 U.S.C. 1003 1144.

11  (i)(1) A pharmacy benefit manager may not retaliate

12 against a pharmacist or pharmacy for disclosing information in

13 a court, in an administrative hearing, before a legislative

14 commission or committee, or in any other proceeding, if the

15 pharmacist or pharmacy has reasonable cause to believe that

16 the disclosed information is evidence of a violation of a

17 State or federal law, rule, or regulation.

18  (2) A pharmacy benefit manager may not retaliate against a

19 pharmacist or pharmacy for disclosing information to a

20 government or law enforcement agency, if the pharmacist or

21 pharmacy has reasonable cause to believe that the disclosed

22 information is evidence of a violation of a State or federal

23 law, rule, or regulation.

24  (3) A pharmacist or pharmacy shall make commercially

25 reasonable efforts to limit the disclosure of confidential and

26 proprietary information.
    HB0767 Enrolled              - 57 - LRB104 04666 BAB 14693 b

1   (4) Retaliatory actions against a pharmacy or pharmacist

2 include cancellation of, restriction of, or refusal to renew

3 or offer a contract to a pharmacy solely because the pharmacy

4 or pharmacist has:

5   (A) made disclosures of information that the

6   pharmacist or pharmacy has reasonable cause to believe is

7   evidence of a violation of a State or federal law, rule, or

8   regulation;

9   (B) filed complaints with the plan or pharmacy benefit

10  manager; or

11  (C) filed complaints against the plan or pharmacy

12  benefit manager with the Department.

13  (j) This Section applies to contracts entered into or

14 renewed on or after July 1, 2022. Unless and, unless provided

15 otherwise in this Section or in the Illinois Public Aid Code,

16 this Section applies to pharmacy benefit managers that are

17 contracted with a Medicaid managed care entity on or after

18 January 1, 2026. To the extent not otherwise provided, this

19 Section applies to contracts entered into, renewed, or amended

20 on or after January 1, 2026.

21  (k) This Section applies to any health benefit plan that

22 provides coverage for drugs and that is amended, delivered,

23 issued, or renewed on or after July 1, 2020. The changes made

24 to this Section by Public Act 104-27 this amendatory Act of the

25 104th General Assembly shall apply with respect to any health

26 benefit plan that provides coverage for drugs that is amended,
    HB0767 Enrolled  - 58 - LRB104 04666 BAB 14693 b

1 delivered, issued, or renewed on or after January 1, 2026.

2   (l) A pharmacy benefit manager is responsible for

3 compliance with all State requirements applicable to pharmacy

4 benefit managers even if an action or responsibility of a

5 pharmacy benefit manager is delegated to or completed by an

6 affiliate.

7   (m) This Article applies in relation to plan sponsors of

8 self-funded nonfederal governmental plans only when a State

9 law organizing the governmental unit incorporates this Article

10 by reference. Nothing shall be construed to exclude a joint

11 self-insurance pool created under Section 6 of the

12 Intergovernmental Cooperation Act from references to a plan

13 sponsor if any pool member's organizing State law incorporates

14 this Article by reference, but a pharmacy benefit manager is

15 not subject to the requirements of this Article in relation to

16 any pool member whose organizing State law does not

17 incorporate this Article. This subsection shall be deemed to

18 be operative on and after July 1, 2025.

19  (n) Regardless of whether a health benefit plan is

20 insurance, the applicability of this Article to a health

21 benefit plan shall be determined in the same manner as the

22 determination of whether a person is transacting insurance in

23 this State under Sections 121-2.03, 121-2.04, and 121-2.05 and

24 subsections (a), (c), and (e) of Section 121-3. For any health

25 benefit plan subject to this Article, unless specifically

26 provided otherwise, this Article applies to all covered
    HB0767 Enrolled         - 59 - LRB104 04666 BAB 14693 b

1 individuals under the health benefit plan, regardless of the
2 individual's residence. The exemption for group accident and
3 health insurance described in subsection (c) of Section 352,
4 as implemented by Department regulation, extends in the same
5 manner to all other health benefit plans with respect to the
6 requirements of this Article. This subsection shall be deemed
7 to be operative on and after July 1, 2025.
8 (Source: P.A. 103-154, eff. 6-30-23; 103-453, eff. 8-4-23;
9 104-27, eff. 1-1-26.)

10  (215 ILCS 5/513b1.1)

11  (This Section may contain text from a Public Act with a

12 delayed effective date)

13  Sec. 513b1.1. Pharmacy benefit manager reporting

14 requirements.

15  (a) A pharmacy benefit manager that provides services for

16 a health benefit plan must submit an annual report no later

17 than September 1, to the Department, each health benefit plan

18 sponsor, and each insurer that includes the following:

19  (1) data on the health benefit plan including:

20  (A) a list of drugs including corresponding

21  information on therapeutic class, brand name, generic

22  name, or specialty drug name;

23  (B) the total number of covered individuals and

24  number of Illinois residents who are covered

25  individuals;
    HB0767 Enrolled  - 60 - LRB104 04666 BAB 14693 b

1        (C) number of drug-related claims;

2        (D) dosage units;

3        (E) dispensing channel used;

4        (F) average wholesale acquisition cost per drug;

5   and

6        (G) total out-of-pocket spending by deidentified

7   covered individual per drug, per transaction;

8   (2) amount received by the health benefit plan in

9   rebates, fees, or discounts related to drug utilization or

10  spending;

11  (3) total gross spending on drugs by the health

12  benefit plan;

13  (4) total net spending, gross spending less

14  administrative portion of the medical loss ratio, on drugs

15  by the health benefit plan;

16  (5) the amount paid by the health benefit plan to the

17  pharmacy benefit manager for reimbursement cost of a drug

18  and service per transaction;

19  (6) the amount a pharmacy benefit manager paid for

20  pharmacists' services and drugs rendered related to the

21  health benefit plan per transaction, including, but not

22  limited to, any dispensing fee;

23  (7) the specific rebate amount received by the

24  pharmacy benefit manager per transaction, the amount of

25  the rebates passed through to the health benefit plan per

26  transaction, and the amount of the rebates passed on to
    HB0767 Enrolled      - 61 - LRB104 04666 BAB 14693 b

1   covered individuals at the point of sale that reduced the

2   covered individuals' applicable deductible, copayment,

3   coinsurance, or other cost-sharing amount per transaction;

4   (8) any information collected from drug manufacturers

5   pertaining to copayment assistance to the extent such

6   information is collected;

7   (9) any compensation paid to brokers, consultants,

8   advisors, or any other individual or firm for referrals,

9   consideration, or retention by the health benefit plan;

10  (10) explanation of benefit design parameters

11  encouraging or requiring covered individuals to use

12  affiliated pharmacies, percentage of drugs charged by

13  these pharmacies, and a list of drugs dispensed by

14  affiliated pharmacies with their associated costs; and

15  (11) a complete copy of each unredacted contract the

16  pharmacy benefit manager has with the health benefit plan

17  sponsor or insurer.

18  (b) Annual reports pursuant to subsection (a):

19  (1) must be written in plain language to ensure ease

20  of reading and accessibility;

21  (2) must only contain summary health information to

22  ensure plan, coverage, or covered individual information

23  remains private and confidential;

24  (3) upon request by a covered individual, must be

25  available in summary format and provide aggregated

26  information to help covered individuals understand their
    HB0767 Enrolled  - 62 - LRB104 04666 BAB 14693 b

1   health benefit plan's drug coverage; and

2   (4) must be filed with the Department no later than

3   September 1 of each year via the Systems for Electronic

4   Rates & Forms Filing (SERFF). The filing shall include the

5   summary version of the report described in paragraph (3)

6   of this subsection, which shall be marked for public

7   access.

8   The Department may share all reports with an established

9 institution of higher education in this State for the creation

10 of a pharmacist dispensing cost report to be produced

11 annually. This annual pharmacist dispensing cost report shall

12 provide a survey of the average cost of dispensing a

13 prescription for pharmacists in Illinois. The institution of

14 higher education shall have the ability to request additional

15 information from pharmacists for its analysis. The institution

16 of higher education shall issue the report to the General

17 Assembly no later than December 31, 2026 and annually

18 thereafter.

19  (c) A pharmacy benefit manager may petition the Department

20 for a filing submission extension. The Director may grant or

21 deny the extension within 5 business days.

22  (d) Failure by a pharmacy benefit manager to submit all

23 required elements in an annual report to the Department may

24 result in a fine levied by the Director not to exceed $10,000

25 per day, per offense. Funds derived from fines levied shall be

26 deposited into the Insurance Producer Administration Fund.
    HB0767 Enrolled     - 63 - LRB104 04666 BAB 14693 b

1 Fine information shall be posted on the Department's website.

2   (e) A pharmacy benefit manager found in violation of

3 subsection (a) or paragraph (4) of subsection (b) may request

4 a hearing from the Director within 10 days of receipt of the

5 Director's order, or, if the violation is found in a market

6 conduct examination, as provided in Section 132 of this Code.

7   (f) Except for the summary version, the annual reports

8 submitted by pharmacy benefit managers shall be considered

9 confidential and privileged for all purposes, including for

10 purposes of the Freedom of Information Act, shall not be

11 subject to subpoena from any private party, and shall not be

12 admissible as evidence in a civil action.

13  (g) A copy of an adverse decision against a pharmacy

14 benefit manager for failing to submit an annual report to the

15 Department must be posted to the Department's website.

16  (h) Nothing in this Section shall be construed as

17 permitting a pharmacy benefit manager to avoid or otherwise

18 fail to comply with the reporting requirements set forth in

19 Section 5-36 of the Illinois Public Aid Code.

20 (Source: P.A. 104-27, eff. 1-1-26.)

21  (215 ILCS 5/513b2)

22  Sec. 513b2. Licensure requirements.

23  (a) Beginning on July 1, 2020, to conduct business in this

24 State, a pharmacy benefit manager must register with the

25 Director. To initially register or renew a registration, a
    HB0767 Enrolled         - 64 - LRB104 04666 BAB 14693 b

1 pharmacy benefit manager shall submit:

2   (1) A nonrefundable fee not to exceed $500.

3   (2) A copy of the registrant's corporate charter,

4   articles of incorporation, or other charter document.

5   (3) A completed registration form adopted by the

6   Director containing:

7            (A) The name and address of the registrant.

8            (B) The name, address, and official position of

9   each officer and director of the registrant.

10  (b) The registrant shall report any change in information

11 required under this Section to the Director in writing within

12 60 days after the change occurs.

13  (c) Upon receipt of a completed registration form, the

14 required documents, and the registration fee, the Director

15 shall issue a registration certificate. The certificate may be

16 in paper or electronic form, and shall clearly indicate the

17 expiration date of the registration. Registration certificates

18 are nontransferable.

19  (d) A registration certificate is valid for 2 years after

20 its date of issue. The Director shall adopt by rule an initial

21 registration fee not to exceed $500 and a registration renewal

22 fee not to exceed $500, both of which shall be nonrefundable.

23 Total fees may not exceed the cost of administering this

24 Section.

25  (e) The Department shall adopt any rules necessary to

26 implement this Section.
    HB0767 Enrolled  - 65 - LRB104 04666 BAB 14693 b

1   (f) On or before August 1, 2025, the pharmacy benefit

2 manager shall submit a report to the Department that lists the

3 name of each health benefit plan it administers, provides the

4 number of Illinois residents who are covered individuals for

5 each health benefit plan as of the date of submission, and

6 provides the total number of Illinois residents who are

7 covered individuals across all health benefit plans the

8 pharmacy benefit manager administers. On or before September

9 1, 2025, a registered pharmacy benefit manager, as a condition

10 of its authority to transact business in this State, must

11 submit to the Department an amount equal to $15 or an alternate

12 amount as determined by the Director by rule per covered

13 individual enrolled by the pharmacy benefit manager in this

14 State, as detailed in the report submitted to the Department

15 under this subsection, during the preceding calendar year. On

16 or before September 1, 2026 and each September 1 thereafter,

17 payments submitted under this subsection shall be based on the

18 number of Illinois residents who are covered individuals

19 reported to the Department in Section 513b1.1.

20  If a pharmacy benefit manager submitted a payment or

21 failed to submit a payment under this subsection by September

22 2, 2025, and if the amount paid or the failure to pay was based

23 on the pharmacy benefit manager's determination of

24 applicability or inapplicability to any of its health benefit

25 plans or covered individuals in a manner contrary to the

26 requirements clarified by this amendatory Act of the 104th
    HB0767 Enrolled   - 66 - LRB104 04666 BAB 14693 b

1 General Assembly, then the pharmacy benefit manager shall

2 submit a revised report under this subsection by December 1,

3 2025 in conformity with these clarified requirements. The

4 revised report shall relate to health benefit plans and

5 Illinois residents who were covered individuals as of the date

6 of the previous report. When submitting the revised report,

7 the pharmacy benefit manager shall identify the types of

8 health benefit plans and covered individuals that it has added

9 or removed from its previous report because of the

10 clarification of applicability. Additionally:

11  (1) If the revised report indicates that the total

12  number of Illinois residents who were covered individuals

13  was too low in the previous report, the pharmacy benefit

14  manager shall pay the difference to the Department by

15  January 2, 2026.

16  (2) If the revised report indicates that the total

17  number of Illinois residents who were covered individuals

18  was too high in the previous report, the pharmacy benefit

19  manager may request a refund from the Department to the

20  extent provided in subsection (h). The refund request

21  shall be included with the submission of the revised

22  report on or before December 1, 2025.

23  (g) All amounts collected under this Section shall be

24 deposited into the Prescription Drug Affordability Fund, which

25 is hereby created as a special fund in the State treasury. Of

26 the amounts collected under this Section each fiscal year, at
   HB0767 Enrolled  - 67 - LRB104 04666 BAB 14693 b

1 the direction of the Department, the Comptroller shall direct

2 and the Treasurer shall transfer the first $25,000,000 into

3 the DCEO Projects Fund for grants to support pharmacies under

4 Section 605-70 605-60 of the Department of Commerce and

5 Economic Opportunity Law; then, at the direction of the

6 Department, the Comptroller shall direct and the Treasurer

7 shall transfer the remainder of the amounts collected under

8 this Section into the General Revenue Fund.

9  (h) Whenever it appears to the satisfaction of the

10 Director that because of some mistake of fact, error in

11 calculation, or erroneous interpretation of a statute of this

12 State that any pharmacy benefit manager has paid to the

13 Department an amount under subsection (f) in excess of the

14 amount required by subsection (f), the Director shall have the

15 power to refund to the pharmacy benefit manager the amount of

16 the excess. No refund shall be paid in relation to any health

17 benefit plan to which State law makes this Article applicable.

18 No refund shall be paid without the pharmacy benefit manager

19 first submitting a revised version of the report described in

20 subsection (f) along with an explanation of the mistake of

21 fact, error in calculation, or erroneous interpretation of

22 State statute that caused the overpayment. No refund shall be

23 paid for any request submitted after December 1, or in a year

24 when that date falls on a Saturday or Sunday, the first working

25 day after December 1, of the same calendar year for which a

26 report was due under subsection (f) that the pharmacy benefit
    HB0767 Enrolled      - 68 - LRB104 04666 BAB 14693 b

1 manager claims to have been the basis for an overpayment. If

2 the Director approves a refund, it shall be paid:

3   (1) by applying the amount thereof toward the payment

4   of fees or other charges already due to the Department, or

5   which may thereafter become due to the Department, from

6   that pharmacy benefit manager until the excess has been

7   fully refunded; or

8   (2) upon a written request from the pharmacy benefit

9   manager, the Director shall provide a cash refund within

10  120 days after receipt of the written request if all

11  necessary information has been filed with the Department

12  in order for it to perform an audit of the report described

13  in subsection (f) or in Section 513b1.1 for the year in

14  which the overpayment occurred; or within 120 days after

15  the date the Department receives all the necessary

16  information to perform the audit.

17  (A) The Director shall not provide a cash refund

18  if there are insufficient funds in the Prescription

19  Drug Affordability Fund to provide a cash refund or if

20  the amount of the overpayment is less than $100. Funds

21  shall not be deemed sufficient if the transfer to the

22  DCEO Projects Fund described in subsection (g) of

23  Section 513b2 cannot be fully satisfied for the year

24  of the overpayment.

25  (B) Any cash refund shall be paid from the

26  Prescription Drug Affordability Fund.
    HB0767 Enrolled  - 69 - LRB104 04666 BAB 14693 b

1   (3) In the absence of a rule specific to pharmacy

2   benefit managers, paragraphs (1) and (2) shall be

3   implemented in the same manner as provided by Department

4   rules enacted under Section 412 of this Code to the extent

5   the rules do not conflict with this subsection.

6 (Source: P.A. 104-2, eff. 7-1-25; 104-27, eff. 7-1-25.)

7   Section 30. The Pharmacy Practice Act is amended by

8 changing Sections 3 and 9.6 as follows:

9   (225 ILCS 85/3)

10  (Section scheduled to be repealed on January 1, 2028)

11  Sec. 3. Definitions. For the purpose of this Act, except

12 where otherwise limited therein:

13  (a) "Pharmacy" or "drugstore" means and includes every

14 store, shop, pharmacy department, or other place where

15 pharmacist care is provided by a pharmacist (1) where drugs,

16 medicines, or poisons are dispensed, sold or offered for sale

17 at retail, or displayed for sale at retail; or (2) where

18 prescriptions of physicians, dentists, advanced practice

19 registered nurses, physician assistants, veterinarians,

20 podiatric physicians, or optometrists, within the limits of

21 their licenses, are compounded, filled, or dispensed; or (3)

22 which has upon it or displayed within it, or affixed to or used

23 in connection with it, a sign bearing the word or words

24 "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
   HB0767 Enrolled  - 70 - LRB104 04666 BAB 14693 b

1 "Apothecary", "Drugstore", "Medicine Store", "Prescriptions",

2 "Drugs", "Dispensary", "Medicines", or any word or words of

3 similar or like import, either in the English language or any

4 other language; or (4) where the characteristic prescription

5 sign (Rx) or similar design is exhibited; or (5) any store, or

6 shop, or other place with respect to which any of the above

7 words, objects, signs or designs are used in any

8 advertisement.

9  (b) "Drugs" means and includes (1) articles recognized in

10 the official United States Pharmacopoeia/National Formulary

11 (USP/NF), or any supplement thereto and being intended for and

12 having for their main use the diagnosis, cure, mitigation,

13 treatment or prevention of disease in man or other animals, as

14 approved by the United States Food and Drug Administration,

15 but does not include devices or their components, parts, or

16 accessories; and (2) all other articles intended for and

17 having for their main use the diagnosis, cure, mitigation,

18 treatment or prevention of disease in man or other animals, as

19 approved by the United States Food and Drug Administration,

20 but does not include devices or their components, parts, or

21 accessories; and (3) articles (other than food) having for

22 their main use and intended to affect the structure or any

23 function of the body of man or other animals; and (4) articles

24 having for their main use and intended for use as a component

25 or any articles specified in clause (1), (2) or (3); but does

26 not include devices or their components, parts or accessories.
    HB0767 Enrolled     - 71 - LRB104 04666 BAB 14693 b

1   (c) "Medicines" means and includes all drugs intended for

2 human or veterinary use approved by the United States Food and

3 Drug Administration.

4   (d) "Practice of pharmacy" means:

5   (1) the interpretation and the provision of assistance

6   in the monitoring, evaluation, and implementation of

7   prescription drug orders;

8   (2) the dispensing of prescription drug orders;

9   (3) participation in drug and device selection;

10  (4) drug administration limited to the administration

11  of oral, topical, injectable, intranasal, and inhalation

12  as follows:

13  (A) in the context of patient education on the

14  proper use or delivery of medications;

15  (B) vaccination of patients 3 7 years of age and

16  older pursuant to a valid prescription or standing

17  order, by a physician licensed to practice medicine in

18  all its branches, except for vaccinations covered by

19  paragraph (15), upon completion of appropriate

20  training, including how to address contraindications

21  and adverse reactions set forth by rule, with

22  notification to the patient's primary care provider

23  physician and appropriate record retention, or

24  pursuant to hospital pharmacy and therapeutics

25  committee policies and procedures. Eligible vaccines

26  are those listed on the U.S. Centers for Disease
    HB0767 Enrolled  - 72 - LRB104 04666 BAB 14693 b

1   Control and Prevention (CDC) Recommended Immunization

2   Schedule, the CDC's Health Information for

3   International Travel, or the U.S. Food and Drug

4   Administration's Vaccines Licensed and Authorized for

5   Use in the United States, or the State Guidelines for

6   Communicable Disease Prevention issued by the Director

7   of Public Health pursuant to Section 1.2 of the

8   Communicable Disease Prevention Act, except that a

9   pharmacist shall not administer to patients below the

10  age of 7 any vaccine required to be administered under

11  77 Ill. Adm. Code 665. All vaccines administered in

12  accordance with this subsection shall be reported to

13  the Department of Public Health's Immunization

14  Information System. As applicable to the State's

15  Medicaid program and other payers, vaccines ordered

16  and administered in accordance with this subsection

17  shall be covered and reimbursed at no less than the

18  rate that the vaccine is reimbursed when ordered and

19  administered by a physician;

20  (B-5) (blank);

21  (C)              administration  of  injections  of

22  alpha-hydroxyprogesterone caproate, pursuant to a

23  valid prescription, by a physician licensed to

24  practice medicine in all its branches, upon completion

25  of appropriate training, including how to address

26  contraindications and adverse reactions set forth by
    HB0767 Enrolled  - 73 - LRB104 04666 BAB 14693 b

1   rule, with notification to the patient's physician and

2   appropriate record retention, or pursuant to hospital

3   pharmacy and therapeutics committee policies and

4   procedures; and

5   (D) administration of long-acting injectables for

6   mental health or substance use disorders pursuant to a

7   valid prescription by the patient's physician licensed

8   to practice medicine in all its branches, advanced

9   practice registered nurse, or physician assistant upon

10  completion of appropriate training conducted by an

11  Accreditation Council of Pharmaceutical Education

12  accredited provider, including how to address

13  contraindications and adverse reactions set forth by

14  rule, with notification to the patient's physician and

15  appropriate record retention, or pursuant to hospital

16  pharmacy and therapeutics committee policies and

17  procedures;

18  (5) (blank);

19  (6) drug regimen review;

20  (7) drug or drug-related research;

21  (8) the provision of patient counseling;

22  (9) the practice of telepharmacy;

23  (10) the provision of those acts or services necessary

24  to provide pharmacist care;

25  (11) medication therapy management;

26  (12) the responsibility for compounding and labeling
    HB0767 Enrolled    - 74 - LRB104 04666 BAB 14693 b

1   of drugs and devices (except labeling by a manufacturer,

2   repackager, or distributor of non-prescription drugs and

3   commercially packaged legend drugs and devices), proper

4   and safe storage of drugs and devices, and maintenance of

5   required records;

6   (13) the assessment and consultation of patients and

7   dispensing of hormonal contraceptives;

8   (14) the initiation, dispensing, or administration of

9   drugs, laboratory tests, assessments, referrals, and

10  consultations for human immunodeficiency virus

11  pre-exposure prophylaxis and human immunodeficiency virus

12  post-exposure prophylaxis under Section 43.5;

13  (15) without a valid prescription or standing order,

14  vaccination of patients 3 7 years of age and older for

15  COVID-19 or influenza subcutaneously, intramuscularly, or

16  intranasally orally as authorized, approved, or licensed

17  by the United States Food and Drug Administration,

18  pursuant to the following conditions:

19  (A) the vaccine must be authorized or licensed by

20  the United States Food and Drug Administration;

21  (B) the vaccine must be ordered and administered

22  according to the recommendations of the Advisory

23  Committee on Immunization Practices as adopted by the

24  United States Centers for Disease Control and

25  Prevention or the State Guidelines for Communicable

26  Disease Prevention issued by the Director of Public
    HB0767 Enrolled  - 75 - LRB104 04666 BAB 14693 b

1   Health pursuant to Section 1.2 of the Communicable

2   Disease Prevention Act standard immunization schedule;

3   (C) the pharmacist must complete a course of

4   training accredited by the Accreditation Council on

5   Pharmacy Education or a similar health authority or

6   professional body approved by the Division of

7   Professional Regulation;

8   (D) the pharmacist must have a current certificate

9   in basic cardiopulmonary resuscitation;

10  (E) the pharmacist must complete, during each

11  State licensing period, a minimum of 2 hours of

12  immunization-related continuing pharmacy education

13  approved by the Accreditation Council on Pharmacy

14  Education;

15  (F) the pharmacist must report all vaccines

16  administered to the Department of Public Health

17  Immunization Information System in addition to

18  complying comply with recordkeeping and reporting

19  requirements of the jurisdiction in which the

20  pharmacist administers vaccines, including informing

21  the patient's primary-care provider, when available,

22  and complying with requirements whereby the person

23  administering a vaccine must review the vaccine

24  registry or other vaccination records prior to

25  administering the vaccine; and

26  (G) the pharmacist must inform the pharmacist's
    HB0767 Enrolled  - 76 - LRB104 04666 BAB 14693 b

1   patients who are less than 18 years old, as well as the

2   adult caregiver accompanying the child, of the

3   importance of a well-child visit with a pediatrician

4   or other licensed primary-care provider and must refer

5   patients as appropriate;

6   (16) the ordering and administration of COVID-19

7   therapeutics subcutaneously, intramuscularly, or orally

8   with notification to the patient's physician and

9   appropriate record retention or pursuant to hospital

10  pharmacy and therapeutics committee policies and

11  procedures. Eligible therapeutics are those approved,

12  authorized, or licensed by the United States Food and Drug

13  Administration and must be administered subcutaneously,

14  intramuscularly, or orally in accordance with that

15  approval, authorization, or licensing; and

16  (17) the ordering and administration of point of care

17  tests, screenings, and treatments for (i) influenza, (ii)

18  SARS-CoV-2, (iii) Group A Streptococcus, (iv) respiratory

19  syncytial virus, (v) adult-stage head louse, and (vi)

20  health conditions identified by a statewide public health

21  emergency, as defined in the Illinois Emergency Management

22  Agency Act, with notification to the patient's physician,

23  if any, and appropriate record retention or pursuant to

24  hospital pharmacy and therapeutics committee policies and

25  procedures. Eligible tests and screenings are those

26  approved, authorized, or licensed by the United States
    HB0767 Enrolled       - 77 - LRB104 04666 BAB 14693 b

1   Food and Drug Administration and must be administered in

2   accordance with that approval, authorization, or

3   licensing.

4   A pharmacist who orders or administers tests or

5   screenings for health conditions described in this

6   paragraph may use a test that may guide clinical

7   decision-making for the health condition that is waived

8   under the federal Clinical Laboratory Improvement

9   Amendments of 1988 and regulations promulgated thereunder

10  or any established screening procedure that is established

11  under a statewide protocol.

12  A pharmacist may delegate the administrative and

13  technical tasks of performing a test for the health

14  conditions described in this paragraph to a registered

15  pharmacy technician or student pharmacist acting under the

16  supervision of the pharmacist.

17  The testing, screening, and treatment ordered under

18  this paragraph by a pharmacist shall not be denied

19  reimbursement under health benefit plans that are within

20  the scope of the pharmacist's license and shall be covered

21  as if the services or procedures were performed by a

22  physician, an advanced practice registered nurse, or a

23  physician assistant.

24  A pharmacy benefit manager, health carrier, health

25  benefit plan, or third-party payor shall not discriminate

26  against a pharmacy or a pharmacist with respect to
   HB0767 Enrolled  - 78 - LRB104 04666 BAB 14693 b

1  participation referral, reimbursement of a covered

2  service, or indemnification if a pharmacist is acting

3  within the scope of the pharmacist's license and the

4  pharmacy is operating in compliance with all applicable

5  laws and rules.

6  A pharmacist who performs any of the acts defined as the

7 practice of pharmacy in this State must be actively licensed

8 as a pharmacist under this Act.

9  (e) "Prescription" means and includes any written, oral,

10 facsimile, or electronically transmitted order for drugs or

11 medical devices, issued by a physician licensed to practice

12 medicine in all its branches, dentist, veterinarian, podiatric

13 physician, or optometrist, within the limits of his or her

14 license, by a physician assistant in accordance with

15 subsection (f) of Section 4, or by an advanced practice

16 registered nurse in accordance with subsection (g) of Section

17 4, containing the following: (1) name of the patient; (2) date

18 when prescription was issued; (3) name and strength of drug or

19 description of the medical device prescribed; and (4)

20 quantity; (5) directions for use; (6) prescriber's name,

21 address, and signature; and (7) DEA registration number where

22 required, for controlled substances. The prescription may, but

23 is not required to, list the illness, disease, or condition

24 for which the drug or device is being prescribed. DEA

25 registration numbers shall not be required on inpatient drug

26 orders. A prescription for medication other than controlled
    HB0767 Enrolled          - 79 - LRB104 04666 BAB 14693 b

1 substances shall be valid for up to 15 months from the date

2 issued for the purpose of refills, unless the prescription

3 states otherwise.

4   (f) "Person" means and includes a natural person,

5 partnership, association, corporation, government entity, or

6 any other legal entity.

7   (g) "Department" means the Department of Financial and

8 Professional Regulation.

9   (h) "Board of Pharmacy" or "Board" means the State Board

10 of Pharmacy of the Department of Financial and Professional

11 Regulation.

12  (i) "Secretary" means the Secretary of Financial and

13 Professional Regulation.

14  (j) "Drug product selection" means the interchange for a

15 prescribed pharmaceutical product in accordance with Section

16 25 of this Act and Section 3.14 of the Illinois Food, Drug and

17 Cosmetic Act.

18  (k) "Inpatient drug order" means an order issued by an

19 authorized prescriber for a resident or patient of a facility

20 licensed under the Nursing Home Care Act, the ID/DD Community

21 Care Act, the MC/DD Act, the Specialized Mental Health

22 Rehabilitation Act of 2013, the Hospital Licensing Act, or the

23 University of Illinois Hospital Act, or a facility which is

24 operated by the Department of Human Services (as successor to

25 the Department of Mental Health and Developmental

26 Disabilities) or the Department of Corrections.
    HB0767 Enrolled      - 80 - LRB104 04666 BAB 14693 b

1   (k-5) "Pharmacist" means an individual health care

2 professional and provider currently licensed by this State to

3 engage in the practice of pharmacy.

4   (l) "Pharmacist in charge" means the licensed pharmacist

5 whose name appears on a pharmacy license and who is

6 responsible for all aspects of the operation related to the

7 practice of pharmacy.

8   (m) "Dispense" or "dispensing" means the interpretation,

9 evaluation, and implementation of a prescription drug order,

10 including the preparation and delivery of a drug or device to a

11 patient or patient's agent in a suitable container

12 appropriately labeled for subsequent administration to or use

13 by a patient in accordance with applicable State and federal

14 laws and regulations. "Dispense" or "dispensing" does not mean

15 the physical delivery to a patient or a patient's

16 representative in a home or institution by a designee of a

17 pharmacist or by common carrier. "Dispense" or "dispensing"

18 also does not mean the physical delivery of a drug or medical

19 device to a patient or patient's representative by a

20 pharmacist's designee within a pharmacy or drugstore while the

21 pharmacist is on duty and the pharmacy is open.

22  (n) "Nonresident pharmacy" means a pharmacy that is

23 located in a state, commonwealth, or territory of the United

24 States, other than Illinois, that delivers, dispenses, or

25 distributes, through the United States Postal Service,

26 commercially acceptable parcel delivery service, or other
    HB0767 Enrolled         - 81 - LRB104 04666 BAB 14693 b

1 common carrier, to Illinois residents, any substance which

2 requires a prescription.

3   (o) "Compounding" means the preparation and mixing of

4 components, excluding flavorings, (1) as the result of a

5 prescriber's prescription drug order or initiative based on

6 the prescriber-patient-pharmacist relationship in the course

7 of professional practice or (2) for the purpose of, or

8 incident to, research, teaching, or chemical analysis and not

9 for sale or dispensing. "Compounding" includes the preparation

10 of drugs or devices in anticipation of receiving prescription

11 drug orders based on routine, regularly observed dispensing

12 patterns. Commercially available products may be compounded

13 for dispensing to individual patients only if all of the

14 following conditions are met: (i) the commercial product is

15 not reasonably available from normal distribution channels in

16 a timely manner to meet the patient's needs and (ii) the

17 prescribing practitioner has requested that the drug be

18 compounded.

19  (p) (Blank).

20  (q) (Blank).

21  (r) "Patient counseling" means the communication between a

22 pharmacist or a student pharmacist under the supervision of a

23 pharmacist and a patient or the patient's representative about

24 the patient's medication or device for the purpose of

25 optimizing proper use of prescription medications or devices.

26 "Patient counseling" may include without limitation (1)
    HB0767 Enrolled  - 82 - LRB104 04666 BAB 14693 b

1 obtaining a medication history; (2) acquiring a patient's

2 allergies and health conditions; (3) facilitation of the

3 patient's understanding of the intended use of the medication;

4 (4) proper directions for use; (5) significant potential

5 adverse events; (6) potential food-drug interactions; and (7)

6 the need to be compliant with the medication therapy. A

7 pharmacy technician may only participate in the following

8 aspects of patient counseling under the supervision of a

9 pharmacist: (1) obtaining medication history; (2) providing

10 the offer for counseling by a pharmacist or student

11 pharmacist; and (3) acquiring a patient's allergies and health

12 conditions.

13  (s) "Patient profiles" or "patient drug therapy record"

14 means the obtaining, recording, and maintenance of patient

15 prescription information, including prescriptions for

16 controlled substances, and personal information.

17  (t) (Blank).

18  (u) "Medical device" or "device" means an instrument,

19 apparatus, implement, machine, contrivance, implant, in vitro

20 reagent, or other similar or related article, including any

21 component part or accessory, required under federal law to

22 bear the label "Caution: Federal law requires dispensing by or

23 on the order of a physician". A seller of goods and services

24 who, only for the purpose of retail sales, compounds, sells,

25 rents, or leases medical devices shall not, by reasons

26 thereof, be required to be a licensed pharmacy.
    HB0767 Enrolled            - 83 - LRB104 04666 BAB 14693 b

1   (v) "Unique identifier" means an electronic signature,

2 handwritten signature or initials, thumbprint thumb print, or

3 other acceptable biometric or electronic identification

4 process as approved by the Department.

5   (w) "Current usual and customary retail price" means the

6 price that a pharmacy charges to a non-third-party payor.

7   (x) "Automated pharmacy system" means a mechanical system

8 located within the confines of the pharmacy or remote location

9 that performs operations or activities, other than compounding

10 or administration, relative to storage, packaging, dispensing,

11 or distribution of medication, and which collects, controls,

12 and maintains all transaction information.

13  (y) "Drug regimen review" means and includes the

14 evaluation of prescription drug orders and patient records for

15 (1) known allergies; (2) drug or potential therapy

16 contraindications; (3) reasonable dose, duration of use, and

17 route of administration, taking into consideration factors

18 such as age, gender, and contraindications; (4) reasonable

19 directions for use; (5) potential or actual adverse drug

20 reactions; (6) drug-drug interactions; (7) drug-food

21 interactions; (8) drug-disease contraindications; (9)

22 therapeutic duplication; (10) patient laboratory values when

23 authorized and available; (11) proper utilization (including

24 over or under utilization) and optimum therapeutic outcomes;

25 and (12) abuse and misuse.

26  (z) "Electronically transmitted prescription" means a
    HB0767 Enrolled       - 84 - LRB104 04666 BAB 14693 b

1 prescription that is created, recorded, or stored by

2 electronic means; issued and validated with an electronic

3 signature; and transmitted by electronic means directly from

4 the prescriber to a pharmacy. An electronic prescription is

5 not an image of a physical prescription that is transferred by

6 electronic means from computer to computer, facsimile to

7 facsimile, or facsimile to computer.

8   (aa) "Medication therapy management services" means a

9 distinct service or group of services offered by licensed

10 pharmacists, physicians licensed to practice medicine in all

11 its branches, advanced practice registered nurses authorized

12 in a written agreement with a physician licensed to practice

13 medicine in all its branches, or physician assistants

14 authorized in guidelines by a supervising physician that

15 optimize therapeutic outcomes for individual patients through

16 improved medication use. In a retail or other non-hospital

17 pharmacy, medication therapy management services shall consist

18 of the evaluation of prescription drug orders and patient

19 medication records to resolve conflicts with the following:

20  (1) known allergies;

21  (2) drug or potential therapy contraindications;

22  (3) reasonable dose, duration of use, and route of

23  administration, taking into consideration factors such as

24  age, gender, and contraindications;

25  (4) reasonable directions for use;

26  (5) potential or actual adverse drug reactions;
    HB0767 Enrolled       - 85 - LRB104 04666 BAB 14693 b

1   (6) drug-drug interactions;

2   (7) drug-food interactions;

3   (8) drug-disease contraindications;

4   (9) identification of therapeutic duplication;

5   (10) patient laboratory values when authorized and

6   available;

7   (11) proper utilization (including over or under

8   utilization) and optimum therapeutic outcomes; and

9   (12) drug abuse and misuse.

10  "Medication therapy management services" includes the

11 following:

12  (1) documenting the services delivered and

13  communicating the information provided to patients'

14  prescribers within an appropriate time frame, not to

15  exceed 48 hours;

16  (2) providing patient counseling designed to enhance a

17  patient's understanding and the appropriate use of his or

18  her medications; and

19  (3) providing information, support services, and

20  resources designed to enhance a patient's adherence with

21  his or her prescribed therapeutic regimens.

22  "Medication therapy management services" may also include

23 patient care functions authorized by a physician licensed to

24 practice medicine in all its branches for his or her

25 identified patient or groups of patients under specified

26 conditions or limitations in a standing order from the
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1 physician.

2   "Medication therapy management services" in a licensed

3 hospital may also include the following:

4   (1) reviewing assessments of the patient's health

5   status; and

6   (2) following protocols of a hospital pharmacy and

7   therapeutics committee with respect to the fulfillment of

8   medication orders.

9   (bb) "Pharmacist care" means the provision by a pharmacist

10 of medication therapy management services, with or without the

11 dispensing of drugs or devices, intended to achieve outcomes

12 that improve patient health, quality of life, and comfort and

13 enhance patient safety.

14  (cc) "Protected health information" means individually

15 identifiable health information that, except as otherwise

16 provided, is:

17  (1) transmitted by electronic media;

18  (2) maintained in any medium set forth in the

19  definition of "electronic media" in the federal Health

20  Insurance Portability and Accountability Act; or

21  (3) transmitted or maintained in any other form or

22  medium.

23  "Protected health information" does not include

24 individually identifiable health information found in:

25  (1) education records covered by the federal Family

26  Educational Right and Privacy Act; or
    HB0767 Enrolled            - 87 - LRB104 04666 BAB 14693 b

1   (2) employment records held by a licensee in its role

2   as an employer.

3   (dd) "Standing order" means a specific order for a patient

4 or group of patients issued by a physician licensed to

5 practice medicine in all its branches in Illinois.

6   (ee) "Address of record" means the designated address

7 recorded by the Department in the applicant's application file

8 or licensee's license file maintained by the Department's

9 licensure maintenance unit.

10  (ff) "Home pharmacy" means the location of a pharmacy's

11 primary operations.

12  (gg) "Email address of record" means the designated email

13 address recorded by the Department in the applicant's

14 application file or the licensee's license file, as maintained

15 by the Department's licensure maintenance unit.

16 (Source: P.A. 102-16, eff. 6-17-21; 102-103, eff. 1-1-22;

17 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1051, eff.

18 1-1-23; 103-1, eff. 4-27-23; 103-593, eff. 6-7-24; 103-612,

19 eff. 1-1-25; revised 11-26-24.)

20  (225 ILCS 85/9.6)

21  Sec. 9.6. Administration of vaccines and therapeutics by

22 registered pharmacy technicians and student pharmacists.

23  (a) Under the supervision of an appropriately trained

24 pharmacist, a registered pharmacy technician or student

25 pharmacist may administer COVID-19, SARS-CoV-2, respiratory
    HB0767 Enrolled          - 88 - LRB104 04666 BAB 14693 b

1 syncytial virus, and influenza vaccines subcutaneously,

2 intramuscularly, or intranasally or orally as authorized,

3 approved, or licensed by the United States Food and Drug

4 Administration, subject to the following conditions:

5   (1) the vaccination must be ordered by the supervising

6   pharmacist;

7   (2) the supervising pharmacist must be readily and

8   immediately available to the immunizing pharmacy

9   technician or student pharmacist;

10  (3) the pharmacy technician or student pharmacist must

11  complete a practical training program that is approved by

12  the Accreditation Council for Pharmacy Education and that

13  includes hands-on injection technique training and

14  training in the recognition and treatment of emergency

15  reactions to vaccines;

16  (4) the pharmacy technician or student pharmacist must

17  have a current certificate in basic cardiopulmonary

18  resuscitation;

19  (5) the pharmacy technician or student pharmacist must

20  complete, during the relevant licensing period, a minimum

21  of 2 hours of immunization-related continuing pharmacy

22  education that is approved by the Accreditation Council

23  for Pharmacy Education;

24  (6) the supervising pharmacist must comply with all

25  relevant recordkeeping and reporting requirements;

26  (7) the supervising pharmacist must be responsible for
    HB0767 Enrolled          - 89 - LRB104 04666 BAB 14693 b

1   complying with requirements related to reporting adverse

2   events;

3   (8) the supervising pharmacist must review the vaccine

4   registry or other vaccination records prior to ordering

5   the vaccination to be administered by the pharmacy

6   technician or student pharmacist;

7   (9) the pharmacy technician or student pharmacist

8   must, if the patient is 18 years of age or younger, inform

9   the patient and the adult caregiver accompanying the

10  patient of the importance of a well-child visit with a

11  pediatrician or other licensed primary-care provider and

12  must refer patients as appropriate;

13  (10) in the case of a COVID-19 vaccine, the

14  vaccination must be ordered and administered according to

15  the Advisory Committee on Immunization Practices' COVID-19

16  vaccine recommendations or the State Guidelines for

17  Communicable Disease Prevention issued by the Director of

18  Public Health pursuant to Section 1.2 of the Communicable

19  Disease Prevention Act;

20  (11) in the case of a COVID-19 vaccine, the

21  supervising pharmacist must comply with any applicable

22  requirements or conditions of use as set forth in the

23  Centers for Disease Control and Prevention COVID-19

24  vaccination provider agreement and any other State or

25  federal requirements that apply to the administration of

26  the COVID-19 vaccines being administered; and
    HB0767 Enrolled  - 90 - LRB104 04666 BAB 14693 b

1   (12) the registered pharmacy technician or student

2   pharmacist and the supervising pharmacist must comply with

3   all other requirements of this Act and the rules adopted

4   thereunder pertaining to the administration of drugs.

5   (b) Under the supervision of an appropriately trained

6 pharmacist, a registered pharmacy technician or student

7   pharmacist  may  administer  COVID-19   therapeutics

8 subcutaneously, intramuscularly, or orally as authorized,

9 approved, or licensed by the United States Food and Drug

10 Administration, subject to the following conditions:

11  (1) the COVID-19 therapeutic must be authorized,

12  approved or licensed by the United States Food and Drug

13  Administration;

14  (2) the COVID-19 therapeutic must be administered

15  subcutaneously, intramuscularly, or orally in accordance

16  with the United States Food and Drug Administration

17  approval, authorization, or licensing;

18  (3) a pharmacy technician or student pharmacist

19  practicing pursuant to this Section must complete a

20  practical training program that is approved by the

21  Accreditation Council for Pharmacy Education and that

22  includes hands-on injection technique training, clinical

23  evaluation of indications and contraindications of

24  COVID-19 therapeutics training, training in the

25  recognition and treatment of emergency reactions to

26  COVID-19 therapeutics, and any additional training
    HB0767 Enrolled          - 91 - LRB104 04666 BAB 14693 b

1   required in the United States Food and Drug Administration

2   approval, authorization, or licensing;

3   (4) the pharmacy technician or student pharmacist must

4   have a current certificate in basic cardiopulmonary

5   resuscitation;

6   (5) the pharmacy technician or student pharmacist must

7   comply with any applicable requirements or conditions of

8   use that apply to the administration of COVID-19

9   therapeutics;

10  (6) the supervising pharmacist must comply with all

11  relevant recordkeeping and reporting requirements;

12  (7) the supervising pharmacist must be readily and

13  immediately available to the pharmacy technician or

14  student pharmacist; and

15  (8) the registered pharmacy technician or student

16  pharmacist and the supervising pharmacist must comply with

17  all other requirements of this Act and the rules adopted

18  thereunder pertaining to the administration of drugs.

19 (Source: P.A. 103-1, eff. 4-27-23; 103-593, eff. 6-7-24.)

20  Section 35. The Communicable Disease Prevention Act is

21 amended by adding Sections 0.05 and 1.2 as follows:

22  (410 ILCS 315/0.05 new)

23  Sec. 0.05. Definitions. For the purposes of this Act:

24  "Immunization" means treatment of an individual with any
    HB0767 Enrolled         - 92 - LRB104 04666 BAB 14693 b

1 vaccine or immunologic drug licensed, approved, or authorized

2 for use by the United States Food and Drug Administration,

3 including emergency use authorization agents, or meeting World

4 Health Organization requirements, and designed for the purpose

5 of producing or enhancing an immune response against a disease

6 for which such immunization exists.

7   "Medical countermeasures" means products regulated by the

8 United States Food and Drug Administration that may be used in

9 a public health emergency stemming from a terrorist attack or

10 accidental release of a biological, chemical, or

11 radiological/nuclear agent or a naturally occurring emerging

12 disease, pandemic, or other large-scale outbreak.

13  (410 ILCS 315/1.2 new)

14  Sec. 1.2. State Guidelines for Communicable Disease

15 Prevention.

16  (a) The Director of Public Health shall provide State

17 Guidelines for Communicable Disease Prevention for which there

18 is an immunization or medical countermeasure. The Guidelines

19 shall address the use of immunizations and may include

20 recommendations for the administration of products such as

21 vaccines or immune globulin preparations that are defined as

22 immunizations or medical countermeasures and shown to be

23 effective in controlling a disease for which an immunization

24 is available. The Guidelines for the use of unlicensed but

25 regulated immunizations or medical countermeasures may be
    HB0767 Enrolled  - 93 - LRB104 04666 BAB 14693 b

1 developed based on medical and scientific evidence if

2 circumstances warrant. For each immunization or medical

3 countermeasure, the Guidelines shall include population groups

4 or circumstances in which a vaccine or related immunization

5 agent is recommended. The Director of Public Health shall also

6 provide recommendations on contraindications and precautions

7 for the use of the immunizations and medical countermeasures

8 and provide information on recognized adverse events. The

9 Director also may provide recommendations that address the

10 general use of immunization products and special situations or

11 populations that may warrant modification of the routine

12 recommendations.

13  (b) The Guidelines shall include consideration of disease

14 epidemiology and the burden of disease, immunization safety,

15 immunization efficacy and effectiveness, the quality of

16 evidence reviewed, economic analyses, and implementation

17 issues. The Director of Public Health may revise or withdraw

18 recommendations regarding a particular immunization or medical

19 countermeasure as new information on disease epidemiology,

20 immunization effectiveness or safety, economic considerations,

21 or other data become available.

22  (c) In developing these Guidelines, the Director may

23 consider the advice, recommendations, and feedback of:

24  (1) the Medical Director of the Department of Public

25  Health;

26  (2) the Immunization Advisory Committee;
    HB0767 Enrolled          - 94 - LRB104 04666 BAB 14693 b

1   (3) the Advisory Committee on Immunization Practices

2   of the United States Centers for Disease Control and

3   Prevention;

4   (4) medical and scientific experts in the field of

5   disease prevention; and

6   (5) other widely accepted sources of medical and

7   scientific evidence, such as recommendations from the

8   United States Preventive Services Task Force.

9   (d) The Department of Public Health shall publish

10 Guidelines or recommendations issued by the Director on the

11 Department's website. The Department of Public Health or the

12 Director shall not endanger the public health by publishing or

13 endorsing public health guidelines or recommendations that

14 significantly deviate from evidence-based immunization

15 practices established by credible scientific and medical

16 communities, experts, and practitioners.

17  Section 95. No acceleration or delay. Except for the

18 changes made in subsections (a), (a-5), (m), and (n) of

19 Section 513b1 of the Illinois Insurance Code, where this Act

20 makes changes in a statute that is represented in this Act by

21 text that is not yet or no longer in effect (for example, a

22 Section represented by multiple versions), the use of that

23 text does not accelerate or delay the taking effect of (i) the

24 changes made by this Act or (ii) provisions derived from any

25 other Public Act.
   HB0767 Enrolled  - 95 - LRB104 04666 BAB 14693 b

1  Section 99. Effective date. This Act takes effect upon

2 becoming law, except that the changes to Section 424 of the

3 Illinois Insurance Code take effect January 1, 2026.
Every fact on this page links to its source, starting with the official bill record.