Bill Text: IL SB2893 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Wholesale Prescription Drug Importation Program Act. Requires the Department of Public Health to establish the Wholesale Prescription Drug Importation Program. Provides that the Department shall implement the program by: (1) contracting with one or more prescription drug wholesalers and Canadian suppliers to import prescription drugs and provide prescription drug cost savings to consumers in this State; (2) developing a registration process for health benefit plan issuers, health care providers, and pharmacies to obtain and dispense prescription drugs imported under the program; (3) developing a list of prescription drugs, including the prices of those drugs, that meet certain requirements set forth under the Act and publishing the list on the Department's website; (4) establishing an outreach and marketing plan to generate program awareness; (5) ensuring the program and the prescription drug wholesalers that contract with this State comply with certain federal tracking, tracing, verification, and identification requirements; and other matters. Sets forth eligibility criteria for prescription drugs that may be imported into the State under the program. Contains provisions concerning anticompetitive behavior monitoring; program funding; audit procedures; annual reporting requirements; the adoption of rules to implement the Act; and federal waiver or authorization requirements. Effective July 1, 2024.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB2893 Detail]

Download: Illinois-2023-SB2893-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2893 Introduced 1/24/2024, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
New Act
Creates the Wholesale Prescription Drug Importation Program Act. Requires the Department of Public Health to establish the Wholesale Prescription Drug Importation Program. Provides that the Department shall implement the program by: (1) contracting with one or more prescription drug wholesalers and Canadian suppliers to import prescription drugs and provide prescription drug cost savings to consumers in this State; (2) developing a registration process for health benefit plan issuers, health care providers, and pharmacies to obtain and dispense prescription drugs imported under the program; (3) developing a list of prescription drugs, including the prices of those drugs, that meet certain requirements set forth under the Act and publishing the list on the Department's website; (4) establishing an outreach and marketing plan to generate program awareness; (5) ensuring the program and the prescription drug wholesalers that contract with this State comply with certain federal tracking, tracing, verification, and identification requirements; and other matters. Sets forth eligibility criteria for prescription drugs that may be imported into the State under the program. Contains provisions concerning anticompetitive behavior monitoring; program funding; audit procedures; annual reporting requirements; the adoption of rules to implement the Act; and federal waiver or authorization requirements. Effective July 1, 2024.
LRB103 35586 RPS 65658 b
A BILL FOR
SB2893 LRB103 35586 RPS 65658 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Wholesale Prescription Drug Importation Program Act.
Section 5. Definitions. As used in this Act:
"Canadian supplier" means a manufacturer, wholesale
distributor, or pharmacy that is appropriately licensed or
permitted under Canadian federal or provincial laws and rules
to manufacture, distribute, or dispense prescription drugs.
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Prescription drug wholesaler" means a person or entity
licensed as a wholesale drug distributor under the Wholesale
Drug Distribution Licensing Act, that contracts with this
State to import prescription drugs under the program.
"Program" means the Wholesale Prescription Drug
Importation Program.
Section 10. Wholesale Prescription Drug Importation
Program.
(a) The Department shall establish the Wholesale
Prescription Drug Importation Program to provide lower cost

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prescription drugs available outside of the United States to
consumers in this State at the lower cost.
(b) The Department shall implement the program by:
(1) contracting with one or more prescription drug
wholesalers and Canadian suppliers to import prescription
drugs and provide prescription drug cost savings to
consumers in this State;
(2) developing a registration process for health
benefit plan issuers, health care providers, and
pharmacies to obtain and dispense prescription drugs
imported under the program;
(3) developing a list of prescription drugs, including
the prices of those drugs, that meet the requirements of
Section 15 and publishing the list on the Department's
website;
(4) establishing an outreach and marketing plan to
generate program awareness;
(5) establishing and administering a telephone call
center or electronic portal to provide information about
the program;
(6) ensuring the program and the prescription drug
wholesalers that contract with this State under paragraph
(1) comply with the tracking, tracing, verification, and
identification requirements of 21 U.S.C. 360eee-1;
(7) prohibiting the distribution, dispensing, or sale
of prescription drugs imported under this Act outside the

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boundaries of this State; and
(8) performing any other duties the Director
determines necessary to implement the program.
(c) The Department shall ensure that the program meets the
requirements of 21 U.S.C. 384.
(d) In developing the program, the Department may consult
with interested parties.
Section 15. Eligible prescription drugs. A prescription
drug may be imported into this State under the program only if
the drug:
(1) meets the United States Food and Drug
Administration's standards related to prescription drug
safety, effectiveness, misbranding, and adulteration;
(2) does not violate any federal patent laws through
its importation;
(3) is expected to generate cost savings for
consumers; and
(4) is not:
(A) listed as a controlled substance under State
or federal law;
(B) a biological product;
(C) an infused drug;
(D) an intravenously injected drug;
(E) a drug that is inhaled during surgery; or
(F) a parenteral drug.

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Section 20. Anticompetitive behavior monitoring. The
Department, in consultation with the Attorney General, shall
identify and monitor any potential anticompetitive activities
in industries affected by the program.
Section 25. Program funding. In addition to money
appropriated by the General Assembly, the Department may
impose a fee on each prescription drug sold under the program
or establish another funding method to administer the program.
Section 30. Audit procedures. The Director, by rule, shall
develop procedures to effectively audit a prescription drug
wholesaler participating in the program.
Section 35. Annual reporting. Not later than December 1,
2025, and each December 1 thereafter, the Department shall
submit a report to the Governor and the General Assembly
regarding the operation of the program during the preceding
State fiscal year, including:
(1) which prescription drugs and Canadian suppliers
are included in the program;
(2) the number of health benefit plan issuers, health
care providers, and pharmacies participating in the
program;
(3) the number of prescriptions dispensed through the

SB2893 - 5 - LRB103 35586 RPS 65658 b
program;
(4) the estimated cost savings to consumers, health
plans, employers, and this State since the establishment
of the program and during the preceding State fiscal year;
(5) information regarding the implementation of the
audit procedures under Section 30; and
(6) any other information:
(A) the Governor or the General Assembly requests;
or
(B) the Department considers necessary.
Section 40. Rules. As soon as practicable after the
effective date of this Act, the Director shall adopt any rules
necessary to implement this Act.
Section 45. Federal waiver or authorization. If, before
implementing any provision of this Act, a State agency
determines that a waiver or authorization from a federal
agency is necessary for implementation of that provision, the
agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until
the waiver or authorization is granted.