HEALTH CARE AVAILABILITY

Illinois General Assembly - Full Text of HB1443

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of HB1443

Home

Legislation

Full Text

HB1443 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Engrossed

House Amendment 001

House Amendment 002

House Amendment 003

House Amendment 004

Printer Friendly Version

Introduced

Engrossed

House Amendment 001

House Amendment 002

House Amendment 003

House Amendment 004

Open PDF

HB1443 Engrossed
LRB104 06394 BAB 16430 b
1

AN ACT concerning health.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Prescription Drug Affordability Board Act.

6

Section 5.
Definitions.
In this Act:
7

"Biologic" means a drug that is produced or distributed in
8
accordance with a biologics license application approved under
9
42 U.S.C. 1395w-3a(c)(6).
10

"Biosimilar" means a drug that is produced or distributed
11
in accordance with a biologics license application approved
12
under 42 U.S.C. 262(k)(3).
13

"Board" means the Prescription Drug Affordability Board.
14

"Brand name drug" means a drug that is produced or
15
distributed in accordance with an original new drug
16
application approved under 21 U.S.C. 355(c). "Brand name drug"
17
does not include an authorized generic drug as defined by 42
18
CFR 447.502.
19

"Council" means the Prescription Drug Affordability
20
Stakeholder Council.
21

"Generic drug" means:
22

(1) a retail drug that is marketed or distributed in
23

accordance with an abbreviated new drug application,

HB1443 Engrossed
- 2 -
LRB104 06394 BAB 16430 b
1

approved under 21 U.S.C. 355(j);
2

(2) an authorized generic drug as defined by 42 CFR
3

447.502; or
4

(3) a drug that entered the market before 1962 that
5

was not originally marketed under a new drug application.
6

"Health benefit plan" has the meaning given to that term
7
in Section 513b1 of the Illinois Insurance Code.
8

"Manufacturer" means an entity that:
9

(1) owns the patent to a prescription drug product; or
10

(2) enters into a lease with another manufacturer to
11

market and distribute a prescription drug product under
12

the entity's own name;
13

(3) is the labeled entity of the generic product at
14

the point of manufacture; and
15

(4) sets or changes the wholesale acquisition cost of
16

the prescription drug product it manufactures or markets.
17

"Prescription drug product" means a brand name drug, a
18
generic drug, a biologic, or a biosimilar.
19

"Wholesale acquisition cost" has the meaning given to that
20
term in 42 U.S.C. 1395w-3a.

21

Section 10.
Prescription Drug Affordability Board.
22

(a) There is established a Prescription Drug Affordability
23
Board. The purpose of the Board is to protect State residents,
24
State and local governments, commercial health plans, health
25
care providers, pharmacies licensed in the State, and other

HB1443 Engrossed
- 3 -
LRB104 06394 BAB 16430 b
1
stakeholders within the health care system from the high costs
2
of prescription drug products. The Board is a public body and
3
is an instrumentality of the State. The Board is an
4
independent unit of State government. The exercise by the
5
Board of its authority under this Act is an essential
6
function.
7

(b)(1) The 5 members of the Board and 3 alternate members
8
shall be appointed by the Governor with the advice and consent
9
of the Senate.
10

(2) The Board membership must include individuals with
11
demonstrated expertise in health care economics,
12
pharmaceutical markets, the practice of pharmacy, and clinical
13
medicine. A member or an alternate member may not be an
14
employee of, a Board member of, or a consultant to a
15
manufacturer or trade association for manufacturers.
16

(3) Any conflict of interest, including whether the
17
individual has an association, including a financial or
18
personal association, that has the potential to bias or has
19
the appearance of biasing an individual's decision in matters
20
related to the Board or the conduct of the Board's activities,
21
shall be considered and disclosed when appointing members and
22
alternate members to the Board.
23

(c) The term of a member or an alternate member is 5 years,
24
except that the terms of the initial members and alternate
25
members shall be staggered as required by the terms provided
26
for members in Section 55. Board members shall be appointed

HB1443 Engrossed
- 4 -
LRB104 06394 BAB 16430 b
1
within 90 days after the effective date of this Act. The Board
2
may begin its work regardless of a delay in appointments to the
3
Prescription Drug Affordability Stakeholder Council created
4
under Section 20.
5

(d) The Chair shall hire an executive director, general
6
counsel, and staff for the Board. Staff of the Board shall
7
receive a salary as provided in the budget of the Board. A
8
member of the Board: (i) may receive compensation as a member
9
of the Board; and (ii) is entitled to reimbursement for
10
expenses.
11

(e) A majority of the members of the Board shall
12
constitute a quorum for the purposes of conducting the
13
business of the Board.
14

(f) Subject to the requirements of this subsection, the
15
Board shall meet in open session at least 4 times per year to
16
review prescription drug product information. Information
17
concerning the location, date, and time of the meeting must be
18
made publicly available in accordance with the Open Meetings
19
Act. The Chair may cancel or postpone a meeting if there is no
20
business to conduct.
21

The Board shall perform the following actions in open
22
session: (i) deliberations on whether to subject a
23
prescription drug product to a cost review under subsection
24
(f) of Section 25; and (ii) any vote on whether to impose an
25
upper payment limit on purchases, payments, and payor
26
reimbursements, including reimbursements from health benefit

HB1443 Engrossed
- 5 -
LRB104 06394 BAB 16430 b
1
plans, of prescription drug products in the State. The Board
2
may otherwise meet in closed session to discuss proprietary
3
data and information.
4

The Board shall provide public notice of each Board
5
meeting at least 3 weeks in advance of the meeting. Materials
6
for each Board meeting shall be made available to the public at
7
least 3 weeks in advance of the meeting. The Board shall
8
provide an opportunity for public comment at each open meeting
9
of the Board. The Board shall provide the public with the
10
opportunity to provide written comments on pending decisions
11
of the Board. The Board may allow expert testimony at Board
12
meetings, including when the Board meets in closed session.
13

(f-5) The Board shall maintain financial records and
14
accounts in accordance with generally accepted governmental
15
accounting principles. The Board shall be deemed a public body
16
for purposes of the Freedom of Information Act and the Open
17
Meetings Act. All records of the Board, including meeting
18
minutes, cost review records, and correspondence, shall be
19
public records subject to disclosure in accordance with the
20
Freedom of Information Act, except as otherwise provided by
21
law. Meetings of the Board shall be open to the public in
22
accordance with the Open Meetings Act.
23

(g)(1) Members of the Board shall recuse themselves from
24
decisions related to a prescription drug product if the
25
member, or an immediate family member of the member, has
26
received or could receive any of the following:

HB1443 Engrossed
- 6 -
LRB104 06394 BAB 16430 b
1

(A) a direct financial benefit of any amount deriving
2

from the result or finding of a study or determination by
3

or for the Board; or
4

(B) a financial benefit from any person who owns,
5

manufactures, or provides prescription drug products,
6

services, or items to be studied by the Board that in the
7

aggregate exceeds $5,000 per year.
8

As used in this paragraph, "financial benefit" includes
9
honoraria, fees, stock, the value of the member's or immediate
10
family member's stock holdings, and any direct financial
11
benefit deriving from the finding of a review conducted under
12
this Act.
13

(2) A disclosure of interests under this Section shall
14
include the type, nature, and magnitude of the interests of
15
the member or the member's immediate family member involved.
16

(3) A conflict of interest shall be disclosed in advance
17
of the first open meeting after the conflict is identified or
18
within 5 days after the conflict is identified. A conflict of
19
interest shall be disclosed by:
20

(A) the Board when hiring Board staff;
21

(B) the appointing authority when appointing members
22

and alternate members to the Board and members to the
23

Council; and
24

(C) the Board when a member of the Board is recused in
25

any final decision resulting from a review of a
26

prescription drug product.

HB1443 Engrossed
- 7 -
LRB104 06394 BAB 16430 b
1

(4) A conflict of interest disclosed under this Section
2
shall be posted on the website of the Board unless the Chair of
3
the Board recuses the member from any final decision resulting
4
from a review of a prescription drug product.
5

(5) Members and alternate members of the Board, Board
6
staff, and third-party contractors may not accept any gift or
7
donation of services or property that indicates a potential
8
conflict of interest or has the appearance of biasing the work
9
of the Board.

10

Section 15.
Powers and duties of the Board.
In addition to
11
the powers set forth elsewhere in this Act, the Board may:
12

(1) adopt rules for the implementation of this Act;
13

and
14

(2) enter into a contract with a qualified,
15

independent third party for any service necessary to carry
16

out the powers and duties of the Board.
17

Unless permission is granted by the Board, a third party
18
hired by the Board may not release, publish, or otherwise use
19
any information to which the third party has access under its
20
contract.

21

Section 20.
Prescription Drug Affordability Stakeholder
22
Council.
23

(a) The Prescription Drug Affordability Stakeholder
24
Council is created. The purpose of the Council is to provide

HB1443 Engrossed
- 8 -
LRB104 06394 BAB 16430 b
1
stakeholder input to assist the Board in making decisions as
2
required under this Act. The Council consists of 15 members
3
appointed within 90 days after the effective date of this Act
4
as follows:
5

(1) 3 members appointed by the Speaker of the House of
6

Representatives;
7

(2) 2 members appointed by the Minority Leader of the
8

House of Representatives;
9

(3) 3 members appointed by the President of the
10

Senate;
11

(4) 2 members appointed by the Minority Leader of the
12

Senate; and
13

(5) 5 members appointed by the Governor.
14

(b) The members of the Council shall have knowledge in one
15
or more of the following:
16

(1) the pharmaceutical business model;
17

(2) supply chain business models;
18

(3) the practice of medicine or clinical training;
19

(4) consumer or patient perspectives;
20

(5) clinical and health services research;
21

(6) the State's health care marketplace;
22

(7) the practice of community pharmacy; or
23

(8) the practice of pharmacy administration and
24

expertise in pharmacoeconomics.
25

(c) From among the membership of the Council, the Board
26
Chair shall appoint one member to be Council Chair.

HB1443 Engrossed
- 9 -
LRB104 06394 BAB 16430 b
1

(d) The term of a member is 3 years, except that the
2
initial members of the Council shall serve staggered terms as
3
required by the terms provided for members in Section 55.
4

(e) A member of the Council may not receive compensation
5
as a member of the Council, but is entitled to reimbursement
6
for travel expenses.

7

Section 21.
Operationalization.
Before the Board reviews
8
specific drugs for affordability and establishes any upper
9
payment limits, it must establish an operational plan for
10
distribution and access to a drug with an upper payment limit.
11
That operational plan shall address medication availability in
12
the State, pharmacy participation in rural and urban areas,
13
drug distribution in the State, patient access, access to
14
pharmacies in underserved areas, pharmacy deserts, and
15
keystone pharmacies that serve as primary access points for a
16
community.

17

Section 25.
Drug cost affordability review.
18

(a) The Board shall limit its review of prescription drug
19
products to those that are:
20

(1) brand name drugs or biologics that, as adjusted
21

annually for inflation in accordance with the Consumer
22

Price Index, have:
23

(A) a wholesale acquisition cost of $60,000 or
24

more per year or course of treatment if less than a

HB1443 Engrossed
- 10 -
LRB104 06394 BAB 16430 b
1

year; or
2

(B) a wholesale acquisition cost increase of
3

$3,000 or more in any 12-month period;
4

(2) biosimilar drugs that have been on the market for
5

at least 3 years, that have a wholesale acquisition cost
6

that is not at least 20% lower than the referenced brand
7

biologic at the time the biosimilars are launched, and
8

that have been suggested for review by members of public,
9

medical professionals, and other stakeholders;
10

(3) generic drugs that, as adjusted annually for
11

inflation in accordance with the Consumer Price Index,
12

have a wholesale acquisition cost of at least $100 for a
13

30-day supply or course of treatment less than 30 days and
14

which increased by 200% or more during the immediately
15

preceding 12-month period, as determined by the difference
16

between the resulting wholesale acquisition cost and the
17

average of the wholesale acquisition cost reported over
18

the immediately preceding 12 months; and
19

(4) other prescription drug products that may create
20

affordability challenges for the State health care system
21

or patients, including, but not limited to, drugs to
22

address public health emergencies.
23

The Board shall prioritize establishing and implementing
24
upper payment limits for the 10 prescription drug products
25
with a Medicare Maximum Fair Price that went into effect in
26
2026 before proceeding with upper payment limits on other

HB1443 Engrossed
- 11 -
LRB104 06394 BAB 16430 b
1
prescription drug products with a Medicare Maximum Fair Price
2
or affordability reviews for any other prescription drug
3
products. Based on the implementation of the upper payment
4
limits, the Board shall make any necessary changes to the
5
operation plan. The Board may establish a maximum of 2 upper
6
payment limits on prescription drug products without a
7
Medicare Maximum Fair Price per calendar year.
8

The Board is not required to identify every prescription
9
drug that meets the criteria of this subsection.
10

(b) The Board shall solicit public input on prescription
11
drugs thought to be creating affordability challenges that
12
meet the parameters of paragraphs (1) through (4) of
13
subsection (a). The Board shall determine whether to conduct a
14
full affordability review for the proposed prescription drugs
15
after compiling preliminary information about the cost of the
16
product, patient cost sharing for the product, health plan
17
spending on the product, stakeholder input, and other
18
information decided by the Board.
19

(c) If the Board conducts a review of the cost and
20
affordability of a prescription drug product, the review shall
21
determine whether use of the prescription drug product that is
22
fully consistent with the labeling approved by the United
23
States Food and Drug Administration or standard medical
24
practice has led or will lead to affordability challenges for
25
the State health care system or high out-of-pocket costs for
26
patients.

HB1443 Engrossed
- 12 -
LRB104 06394 BAB 16430 b
1

(d) The information to conduct an affordability review may
2
include, but is not limited to:
3

(1) any document and research related to the
4

manufacturer's selection of the introductory price or
5

price increase of the prescription drug product;
6

(2) any patient assistance program or programs
7

specific to the product;
8

(3) any estimated or actual manufacturer product price
9

concessions in the market;
10

(4) any net product cost to State payers;
11

(5) the relevant factors contributing to the price
12

paid for the prescription drug, including the wholesale
13

acquisition cost, discounts, rebates, or other price
14

concessions;
15

(6) the average patient copayment or other cost
16

sharing for the drug;
17

(7) the effect of the price on consumers' access to
18

the drug in the State;
19

(8) whether the cost of the drug contributes to
20

inequities in the availability of health care to
21

underserved communities in the State;
22

(9) the price and availability of therapeutic
23

alternatives;
24

(10) input from any advisory groups established by the
25

Board;
26

(11) input from patients affected by the condition or

HB1443 Engrossed
- 13 -
LRB104 06394 BAB 16430 b
1

disease treated by the drug and individuals with medical
2

or scientific expertise related to the condition or
3

disease treated by the drug;
4

(12) life cycle management;
5

(13) the average cost of the drug in the State;
6

(14) market competition and context;
7

(15) projected manufacturer revenue, if available;
8

(16) off-label usage of the drug; and
9

(17) any other relevant factors and information as
10

determined by the Board.
11

(e) Failure of a manufacturer to provide the Board with
12
the information for an affordability review does not affect
13
the authority of the Board to conduct such a review.
14

(f) If the Board finds that the spending on a prescription
15
drug product reviewed under this Section has led or will lead
16
to an affordability challenge, the Board shall establish an
17
upper payment limit considering exceptional administrative
18
costs related to the distribution of the drug in the State.
19

(g) The upper payment limit applies to all purchases and
20
payor reimbursements, including reimbursements from health
21
benefit plans, of the prescription drug product intended for
22
use by individuals in the State, in person, by mail, or by
23
other means.
24

(h) Any information submitted to the Board in accordance
25
with this Section shall be subject to public inspection only
26
to the extent allowed under the Freedom of Information Act.

HB1443 Engrossed
- 14 -
LRB104 06394 BAB 16430 b
1

(i) This Section may not be construed to prevent a
2
manufacturer from marketing a prescription drug product
3
approved by the United States Food and Drug Administration
4
while the product is under review by the Board.
5

(j) Nothing in this Act requires a State department,
6
including, but not limited to, the Department of Healthcare
7
and Family Services, to disclose proprietary information or
8
information prohibited by federal law.

9

Section 30.
Protections and other Board considerations.
10

(a) The Board shall examine how an upper payment limit
11
would affect a covered entity, as that term is defined in
12
Section 340B of the federal Public Health Service Act.
13

(b) In determining whether a drug creates an affordability
14
challenge or determining an upper payment limit amount, the
15
Board may not use cost-effectiveness analyses that include the
16
cost-per-quality adjusted life year or a similar measure to
17
identify subpopulations for which a treatment would be less
18
cost-effective due to severity of illness, age, or preexisting
19
disability. In addition, for any treatment that extends life,
20
if the Board uses cost-effectiveness results, the Board must
21
use results that weigh the value of all additional lifetime
22
gained equally for all patients, no matter their severity of
23
illness, age, or preexisting disability.
24

(c) An upper payment limit is effective no sooner than 6
25
months after it has been announced. The Board may suspend an

HB1443 Engrossed
- 15 -
LRB104 06394 BAB 16430 b
1
upper payment limit if it determines that there is a shortage
2
of the drug in the State, unless the Board determines that the
3
shortage was caused by a manufacturer or its agent.
4

(d) State-regulated health plans shall inform the Board of
5
how any upper payment limit-related cost savings are directed
6
to the benefit of enrollees, with a priority on enrollee cost
7
sharing.
8

(e) The upper payment limit shall not be inclusive of the
9
pharmacy dispensing fee, provider administration fee, or any
10
additional payment amount made by a payor to a provider for the
11
drug product related to the provider's procurement, handling,
12
storage, or other activity facilitating administration of the
13
drug product. The additional payment amount may be reflected
14
in the payor's fee schedule, provider contract, or any other
15
agreement governing reimbursement of the drug product and
16
associated services.
17

(f) If a prescription drug product subject to an upper
18
payment limit established under this Act is intended to be
19
made available for purchase by pharmacies, distributors, or
20
wholesalers licensed in this State, it shall be available at a
21
price that does not exceed the upper payment limit. If a
22
wholesaler or distributor acquires a prescription drug product
23
subject to an upper payment limit at a price that exceeds the
24
upper payment limit, the wholesaler or distributor is entitled
25
to a chargeback or rebate equal to the difference between the
26
price and the upper payment limit from the entity that sold the

HB1443 Engrossed
- 16 -
LRB104 06394 BAB 16430 b
1
product to the wholesaler or distributor.
2

(g) No pharmacy shall be required to dispense a
3
prescription drug product subject to an upper payment limit if
4
the product is not reasonably available for purchase at or
5
below the upper payment limit within a time frame consistent
6
with normal pharmacy ordering and delivery practices.
7

(g-1) Nothing in this Act shall require a pharmacy or
8
dispensing provider to dispense a prescription drug product at
9
a reimbursement rate below the pharmacy's actual acquisition
10
cost plus a reasonable professional dispensing fee.
11

(g-2) An upper payment limit established under this Act
12
shall apply only to the ingredient cost of a prescription drug
13
product and shall not limit, reduce, or otherwise affect the
14
professional dispensing fee paid to a pharmacy for the safe
15
and lawful dispensing of the medication.
16

(g-3) A pharmacy benefit manager shall not impose any fee,
17
clawback, reconciliation adjustment, performance adjustment,
18
or other financial assessment that has the effect of reducing
19
reimbursement to a pharmacy below the upper payment limit.
20

(g-4) Any fee or adjustment that results in reimbursement
21
below the upper payment limit shall constitute a violation of
22
this Act.
23

(g-5) For purposes of this subsection, "savings" means the
24
difference between the wholesale acquisition cost of a
25
prescription drug product before an upper payment limit and
26
the upper payment limit. All savings shall be applied in the

HB1443 Engrossed
- 17 -
LRB104 06394 BAB 16430 b
1
following order of priority: first, to reduce enrollee cost
2
sharing at the point of sale; second, to reduce premiums; and
3
third, to provide any other direct financial benefit to
4
enrollees.
5

(g-6) The pharmacy or pharmacist shall not be given the
6
administrative responsibility, either directly or indirectly,
7
of determining patient eligibility, enrollment into plans,
8
etc. Any administrative responsibility of enrolling patients
9
into a plan or providing coverage must be done through
10
enrollment in a State-managed health benefit plan.
11

(h) The Board shall not create an upper payment limit that
12
is different from the Medicare Maximum Fair Price for the
13
prescription drug product that has a Medicare Maximum Fair
14
Price.
15

(i) An upper payment limit shall be implemented no sooner
16
than the Medicare implementation date and shall not be subject
17
to the requirements of Section 25.
18

(j) Medicare Part C and D plans are not required to
19
reimburse at the upper payment limit.
20

(k) Any upper payment limit established by the Board shall
21
not apply to prescription drug products purchased by the
22
Department of Healthcare and Family Services for the medical
23
assistance program under Article V of the Illinois Public Aid
24
Code or to a health care plan serving Medicaid populations
25
that provides, arranges for, pays for, or reimburses the cost
26
of any health care service for persons who are enrolled under

HB1443 Engrossed
- 18 -
LRB104 06394 BAB 16430 b
1
the medical assistance program under Article V of the Illinois
2
Public Aid Code unless, after consultation with and approval
3
of the Director of Healthcare and Family Services, it is
4
determined that the upper payment limit would reduce costs to
5
the State.
6

(l) Any upper payment limit established by the Board shall
7
not apply to prescription drug products purchased or
8
reimbursed by the Department of Central Management Services in
9
conjunction with its administration of the State Employees
10
Group Insurance Program or any health care plan established or
11
maintained under the State Employee Group Insurance Act of
12
1971 unless, after consultation with and approval of the
13
Director of the Department of Central Management Services, it
14
is determined that the upper payment limit would reduce costs
15
to the State.

16

Section 35.
Remedies.
The Attorney General may enforce
17
this Act. The Attorney General may pursue any available remedy
18
under State law when enforcing this Act.

19

Section 40.
Appeal of Board decisions.
20

(a) A person aggrieved by a decision of the Board may
21
request an appeal of the decision within 30 days after the
22
finding of the Board.
23

(b) The Board shall hear the appeal and make a final
24
decision within 60 days after the appeal is requested.

HB1443 Engrossed
- 19 -
LRB104 06394 BAB 16430 b
1

(c) Any person aggrieved by a final decision of the Board
2
may petition for judicial review in accordance with the
3
provisions of the Administrative Review Law.

4

Section 45.
Prescription Drug Affordability Board Fund.
5
The Prescription Drug Affordability Board Fund is created as a
6
special fund in the State treasury. The Board shall be funded
7
by an annual assessment on all manufacturers whose products
8
are sold in the State. The total annual assessment shall be set
9
at the amount necessary to fund Board operations, not to
10
exceed $750,000 in any fiscal year, and shall be apportioned
11
equally among all manufacturers in the assessed class. A
12
manufacturer that does not sell drug products in the State
13
must submit a written statement to the Board certifying that
14
no drug product manufactured or distributed by that
15
manufacturer was sold in the State during the preceding fiscal
16
year to be exempt from the assessment. The Board shall collect
17
the annual assessment in accordance with rules adopted by the
18
Board. The rules shall specify the methodology and timeline
19
for collecting the assessment. All funds collected by the
20
Board from the assessments shall be deposited into the Fund.
21
The Fund shall be used only to provide funding for the Board
22
and for the purposes authorized under this Act, including any
23
costs expended by any State agency to implement this Act. All
24
interest earned on moneys in the Fund shall be credited to the
25
Fund. This Section may not be construed to prohibit the Fund

HB1443 Engrossed
- 20 -
LRB104 06394 BAB 16430 b
1
from receiving moneys from any other source that does not
2
create the appearance of a conflict of interest. The Board
3
shall be established using general funds, which shall be
4
repaid to the State with the assessments required under this
5
Section. The Board may not spend more than $750,000 annually
6
and funds that are not used in one fiscal year shall roll over
7
to the following fiscal year.

8

Section 50.
Reports.
9

(a) On or before December 31 of each year, the Board shall
10
submit to the General Assembly a report that includes:
11

(1) price trends for prescription drug products;
12

(2) the number of prescription drug products that were
13

subject to Board review, including the results of the
14

review and the number and disposition of appeals and
15

judicial reviews of Board decisions; and
16

(3) any recommendations the Board may have on further
17

legislation needed to make prescription drug products more
18

affordable in this State.
19

(b) On or before June 1, 2027, the Board shall submit a
20
report to the General Assembly about the operation of the
21
generic drug market in the United States that includes a
22
review of physician-administered drugs and considers:
23

(1) the prices of generic drugs on a year-over-year
24

basis;
25

(2) the degree to which generic drug prices affect

HB1443 Engrossed
- 21 -
LRB104 06394 BAB 16430 b
1

insurance premiums as reported by health insurers in this
2

State or other states that collect this information;
3

(3) recent and current trends in patient cost sharing
4

for generic drugs;
5

(4) the causes and prevalence of generic drug
6

shortages; and
7

(5) any other relevant study questions.
8

(c) The Board shall notify the General Assembly if 5 years
9
have passed without any litigation hindering Board operations.

10

Section 55.
Term expiration.
11

(a) The terms of the initial members and alternate members
12
of the Prescription Drug Affordability Board shall expire as
13
follows:
14

(1) one member and one alternate member in 2029;
15

(2) 2 members and one alternate member in 2030; and
16

(3) 2 members, including the Chair of the Board, and
17

one alternate member in 2031.
18

(b) The terms of the initial members of the Prescription
19
Drug Affordability Stakeholder Council shall expire as
20
follows:
21

(1) 5 members in 2029;
22

(2) 5 members in 2030; and
23

(3) 5 members in 2031.

24

Section 90.
Repeal.
This Act is repealed 5 years after the

HB1443 Engrossed
- 22 -
LRB104 06394 BAB 16430 b
1
effective date of this Act.

2

Section 97.
Severability.
If any provision of this Act or
3
the application thereof to any person or circumstance is held
4
invalid for any reason in a court of competent jurisdiction,
5
the invalidity does not affect other provisions or any other
6
application of this Act that can be given effect without the
7
invalid provision or application, and for this purpose the
8
provisions of this Act are declared severable.

9

Section 900.
The State Finance Act is amended by adding
10
Section 5.1038 as follows:

11

(30 ILCS 105/5.1038 new)
12

Sec. 5.1038.
The Prescription Drug Affordability Board
13
Fund.
This Section is repealed 5 years after the effective
14
date of this amendatory Act of the 104th General Assembly.

15

Section 999.
Effective date.
This Act takes effect 180
16
days after becoming law.

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn