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91_HB0486sam001 LRB9100447STsbam 1 AMENDMENT TO HOUSE BILL 486 2 AMENDMENT NO. . Amend House Bill 486 as follows: 3 by replacing the title with the following: 4 "AN ACT concerning organ transplants."; and 5 by replacing everything after the enacting clause with the 6 following: 7 "Section 5. The Civil Administrative Code of Illinois is 8 amended by adding Section 2310-260 as follows: 9 (20 ILCS 2310/2310-260 new) 10 Sec. 2310-260. Payments for post transplant maintenance 11 and retention. 12 (a) The Department shall establish and administer a 13 program to pay recipients for drugs and other costs 14 prescribed exclusively for post transplant maintenance and 15 retention when those costs are not otherwise reimbursed. The 16 Department shall establish eligibility standards and an 17 application process by rule. Notwithstanding any other 18 provision of this Code to the contrary, the Department may, 19 by rule, require participants to pay a co-payment for the 20 drugs covered under this program. 21 (b) Participation in the program shall be limited to -2- LRB9100447STsbam 1 persons whose household income is not greater than 400% of 2 the federal poverty level as established by the federal 3 Office of Management and Budget. The program shall be 4 available only to eligible Illinois residents who have 5 resided in Illinois for at least 12 months; however, a person 6 shall not be excluded because that person received the 7 transplant outside of the State of Illinois. 8 (c) The Department shall pay a maximum amount per 9 transplant recipient based on the following: 10 (1) Available moneys in the Post Transplant 11 Maintenance and Retention Fund. 12 (2) Covered immunosuppressive drugs. 13 (3) The terms of any contract between the Department 14 and the provider. 15 The reimbursement rates shall be the same as the Medicaid 16 reimbursement rate for the drug, minus any co-payment and 17 other medical services. 18 (d) Payment shall be made under the program to or on 19 behalf of a program-eligible recipient only for costs not 20 reimbursed or eligible for reimbursement by any other third 21 party or governmental entity, including, without limitation, 22 private or group insurance, Medicaid, Medicare, and the 23 Veterans Administration. The Director may, however, waive 24 this requirement in individually considered cases if the 25 Director determines that its enforcement will deny services 26 to a class of post transplant patients because of conflicting 27 State or federal laws or regulations. 28 (e) The Director may restrict or categorize 29 reimbursements to meet budgetary limitations. 30 (f) The Director shall maintain an immunosuppressive drug 31 formulary that shall include all drugs eligible for 32 reimbursement by the program. The Director shall establish an 33 internal review procedure for updating the formulary; the 34 procedure shall allow the addition and deletion of allowable -3- LRB9100447STsbam 1 drugs to the formulary. The internal review procedure shall 2 take place at least quarterly during a fiscal year. 3 (g) Payments made under the program established under 4 this Section shall be made, subject to appropriations, from 5 the Post Transplant Maintenance and Retention Fund, a special 6 fund that is hereby created in the State Treasury. The 7 following shall be deposited into the Fund: (i) amounts 8 appropriated to the Department for that purpose, and (ii) 9 gifts, grants, and donations for that purpose from public and 10 private sources. Interest accruing on moneys in the Fund 11 shall remain in the Fund. Moneys in the Fund may be used only 12 by the Department to make payments for post transplant 13 maintenance and retention under the program established under 14 this Section. 15 (h) Moneys remaining in the Post Transplant Maintenance 16 and Retention Fund at the end of the fiscal year may be used 17 in the following fiscal year. 18 Section 10. The State Finance Act is amended by adding 19 Section 5.541 as follows: 20 (30 ILCS 105/5.541 new) 21 Sec. 5.541. The Post Transplant Maintenance and 22 Retention Fund. 23 Section 99. Effective date. This Act takes effect on 24 July 1, 2000.".