Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2328 Latest Draft

Bill / Introduced Version Filed 02/10/2023

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2328 Introduced 2/10/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:  305 ILCS 5/5-5.12f new  Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, on and after July 1, 2023, all non-controlled FDA-approved prescription medications for the treatment of a serious mental illness shall be covered under the medical assistance program for persons otherwise eligible for medical assistance who are diagnosed with a mental disorder that meets criteria established in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) and which is the focus of the treatment provided, including, but not limited to, schizophrenia, schizo-affective disorders, bipolar disorders, or major depression. Exempts medications covered under the amendatory Act from any prior authorization or lifetime restriction limit mandate. Provides that, for any covered medication that contains an opioid antagonist, the prescriber shall check the Illinois Prescription Monitoring Program to determine if the patient is being actively prescribed an opioid. Requires a prescriber of any medication covered under the amendatory Act to be a board-certified psychiatrist or a medical professional with prescribing authority that routinely treats patients with a serious mental illness. Effective July 1, 2023.  LRB103 30756 KTG 57238 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2328 Introduced 2/10/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:  305 ILCS 5/5-5.12f new 305 ILCS 5/5-5.12f new  Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, on and after July 1, 2023, all non-controlled FDA-approved prescription medications for the treatment of a serious mental illness shall be covered under the medical assistance program for persons otherwise eligible for medical assistance who are diagnosed with a mental disorder that meets criteria established in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) and which is the focus of the treatment provided, including, but not limited to, schizophrenia, schizo-affective disorders, bipolar disorders, or major depression. Exempts medications covered under the amendatory Act from any prior authorization or lifetime restriction limit mandate. Provides that, for any covered medication that contains an opioid antagonist, the prescriber shall check the Illinois Prescription Monitoring Program to determine if the patient is being actively prescribed an opioid. Requires a prescriber of any medication covered under the amendatory Act to be a board-certified psychiatrist or a medical professional with prescribing authority that routinely treats patients with a serious mental illness. Effective July 1, 2023.  LRB103 30756 KTG 57238 b     LRB103 30756 KTG 57238 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2328 Introduced 2/10/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
305 ILCS 5/5-5.12f new 305 ILCS 5/5-5.12f new
305 ILCS 5/5-5.12f new
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, on and after July 1, 2023, all non-controlled FDA-approved prescription medications for the treatment of a serious mental illness shall be covered under the medical assistance program for persons otherwise eligible for medical assistance who are diagnosed with a mental disorder that meets criteria established in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) and which is the focus of the treatment provided, including, but not limited to, schizophrenia, schizo-affective disorders, bipolar disorders, or major depression. Exempts medications covered under the amendatory Act from any prior authorization or lifetime restriction limit mandate. Provides that, for any covered medication that contains an opioid antagonist, the prescriber shall check the Illinois Prescription Monitoring Program to determine if the patient is being actively prescribed an opioid. Requires a prescriber of any medication covered under the amendatory Act to be a board-certified psychiatrist or a medical professional with prescribing authority that routinely treats patients with a serious mental illness. Effective July 1, 2023.
LRB103 30756 KTG 57238 b     LRB103 30756 KTG 57238 b
    LRB103 30756 KTG 57238 b
A BILL FOR
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  SB2328  LRB103 30756 KTG 57238 b
1  AN ACT concerning public aid.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 1. Findings. The General Assembly finds that:
5  (1) The Department of Human Services identifies
6  persons with a serious mental illness as those individuals
7  who have a diagnosis that meets the diagnostic criteria
8  established in the Diagnostic and Statistical Manual of
9  Mental Disorders, Fifth Edition (DSM-5) and which is the
10  focus of the treatment being provided, such as
11  schizophrenia, schizophreniform disorder,
12  schizo-affective disorder, delusional disorder, shared
13  psychotic disorder, brief psychotic disorder, psychotic
14  disorder, bipolar disorder NOS, cyclothymic disorder,
15  major depression, obsessive-compulsive disorder, anorexia
16  nervosa, and bulimia nervosa.
17  (2) Annually, more than 380,000 emergency department
18  visits in the U.S. involve adults with schizophrenia.
19  According to the National Center for Health Statistics,
20  32.7% of these emergency department visits result in a
21  hospital admission while 16.7% of these visits result in a
22  transfer to a psychiatric hospital.
23  (3) In its July 2021 Statistical Brief #278, the
24  Agency for Healthcare Research and Quality identified

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2328 Introduced 2/10/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
305 ILCS 5/5-5.12f new 305 ILCS 5/5-5.12f new
305 ILCS 5/5-5.12f new
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, on and after July 1, 2023, all non-controlled FDA-approved prescription medications for the treatment of a serious mental illness shall be covered under the medical assistance program for persons otherwise eligible for medical assistance who are diagnosed with a mental disorder that meets criteria established in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) and which is the focus of the treatment provided, including, but not limited to, schizophrenia, schizo-affective disorders, bipolar disorders, or major depression. Exempts medications covered under the amendatory Act from any prior authorization or lifetime restriction limit mandate. Provides that, for any covered medication that contains an opioid antagonist, the prescriber shall check the Illinois Prescription Monitoring Program to determine if the patient is being actively prescribed an opioid. Requires a prescriber of any medication covered under the amendatory Act to be a board-certified psychiatrist or a medical professional with prescribing authority that routinely treats patients with a serious mental illness. Effective July 1, 2023.
LRB103 30756 KTG 57238 b     LRB103 30756 KTG 57238 b
    LRB103 30756 KTG 57238 b
A BILL FOR

 

 

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1  schizophrenia as the 7th most common diagnosis among
2  adults for hospital readmissions across all insurers in
3  2018.
4  (4) Serious mental illnesses can be effectively
5  treated with medications approved by the federal Food and
6  Drug Administration (FDA).
7  (5) Other states, including Michigan, Indiana, Ohio,
8  Missouri, Texas, Florida, Georgia, Connecticut, Hawaii,
9  Oregon, Arizona, and Maine, have recognized the importance
10  of patient access to FDA-approved medications for the
11  treatment of a serious mental illness and have removed
12  prior authorization barriers to those FDA-approved
13  medications.
14  (6) Illinois has a shortage of mental health
15  providers. FDA-approved medications for the treatment of a
16  serious mental illness should be available to all
17  providers with prescriptive authority in the State,
18  including medical doctors, osteopathic doctors, physicians
19  assistants, and nurse practitioners.
20  (7) The Illinois Medicaid Preferred Drug List already
21  includes FDA-approved medications that do not require
22  prior authorization and that have a safety and
23  tolerability profile equivalent to FDA-approved
24  medications for the treatment of a serious mental illness
25  that do require prior authorization.
26  (8) Annually, this State issues an estimated 60,000

 

 

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1  prescription medications that do not require prior
2  authorization and that have a safety and tolerability
3  profile that is equivalent to FDA-approved medications for
4  the treatment of a serious mental illness that do require
5  prior authorization.
6  (9) As a matter of professional practice, Illinois
7  health care providers who prescribe FDA-approved
8  medications that contain an opioid antagonist first
9  consult the Illinois Prescription Monitoring Program to
10  determine if the patient is being actively prescribed an
11  opioid.
12  (10) The removal of prior authorization requirements
13  for FDA-approved medications for the treatment of a
14  serious mental illness would have no impact on any
15  federally-mandated drug rebates Illinois receives from
16  drug manufactures under the Medicaid Drug Rebate Program.
17  Section 5. The Illinois Public Aid Code is amended by
18  adding Section 5-5.12f as follows:
19  (305 ILCS 5/5-5.12f new)
20  Sec. 5-5.12f. Non-controlled prescription medications to
21  treat mental illness.
22  (a) As used in this Section:
23  "DSM-5 criteria" means the diagnostic criteria established
24  in the Diagnostic and Statistical Manual of Mental Disorders,

 

 

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1  Fifth Edition (DSM-5).
2  "FDA" means the United States Food and Drug
3  Administration.
4  (b) Notwithstanding any other provision of this Code to
5  the contrary, on and after July 1, 2023, all non-controlled
6  FDA-approved prescription medications for the treatment of a
7  serious mental illness, as defined by the Department of Human
8  Services, shall be covered under the medical assistance
9  program for persons otherwise eligible for medical assistance
10  who are diagnosed with a mental disorder that meets DSM-5
11  criteria and which is the focus of the treatment provided,
12  including, but not limited to, schizophrenia, schizo-affective
13  disorders, bipolar disorders, or major depression.
14  Prescription medications covered under this Section shall not
15  be subject to any prior authorization mandate or lifetime
16  restriction limit mandate. For any medication covered under
17  this Section that contains an opioid antagonist, the
18  prescriber shall check the Illinois Prescription Monitoring
19  Program to determine if the patient is being actively
20  prescribed an opioid. The prescriber of a non-controlled
21  FDA-approved prescription medication must be a board-certified
22  psychiatrist or a medical professional with prescribing
23  authority that routinely treats patients with a serious mental
24  illness.
25  Section 99. Effective date. This Act takes effect July 1,
26  2023.

 

 

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