Illinois 2025-2026 Regular Session

Illinois House Bill HB4034 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4034 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 305 ILCS 5/5-5.12f Amends the Medical Assistance Article of the Illinois Public Aid Code. In provisions prohibiting prior authorization mandates and utilization management controls under the fee-for-service and managed care medical assistance programs on specified FDA-approved prescription drugs for mental illness, provides that the prohibition shall apply if a preferred or non-preferred drug is prescribed to an adult patient to treat a serious mental illness and (i) during the preceding 60 days, the patient who experienced an inadequate response was prescribed and unsuccessfully treated with a 14-day treatment trial of a drug for the same clinical condition that is included on the preferred drug list and (ii) one of the statutory conditions apply. LRB104 12955 KTG 24520 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4034 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 305 ILCS 5/5-5.12f 305 ILCS 5/5-5.12f Amends the Medical Assistance Article of the Illinois Public Aid Code. In provisions prohibiting prior authorization mandates and utilization management controls under the fee-for-service and managed care medical assistance programs on specified FDA-approved prescription drugs for mental illness, provides that the prohibition shall apply if a preferred or non-preferred drug is prescribed to an adult patient to treat a serious mental illness and (i) during the preceding 60 days, the patient who experienced an inadequate response was prescribed and unsuccessfully treated with a 14-day treatment trial of a drug for the same clinical condition that is included on the preferred drug list and (ii) one of the statutory conditions apply. LRB104 12955 KTG 24520 b LRB104 12955 KTG 24520 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4034 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
33 305 ILCS 5/5-5.12f 305 ILCS 5/5-5.12f
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55 Amends the Medical Assistance Article of the Illinois Public Aid Code. In provisions prohibiting prior authorization mandates and utilization management controls under the fee-for-service and managed care medical assistance programs on specified FDA-approved prescription drugs for mental illness, provides that the prohibition shall apply if a preferred or non-preferred drug is prescribed to an adult patient to treat a serious mental illness and (i) during the preceding 60 days, the patient who experienced an inadequate response was prescribed and unsuccessfully treated with a 14-day treatment trial of a drug for the same clinical condition that is included on the preferred drug list and (ii) one of the statutory conditions apply.
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1111 1 AN ACT concerning public aid.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Public Aid Code is amended by
1515 5 changing Section 5-5.12f as follows:
1616 6 (305 ILCS 5/5-5.12f)
1717 7 Sec. 5-5.12f. Prescription drugs for mental illness; no
1818 8 utilization or prior approval mandates.
1919 9 (a) Notwithstanding any other provision of this Code to
2020 10 the contrary, except as otherwise provided in subsection (b),
2121 11 for the purpose of removing barriers to the timely treatment
2222 12 of serious mental illnesses, prior authorization mandates and
2323 13 utilization management controls shall not be imposed under the
2424 14 fee-for-service and managed care medical assistance programs
2525 15 on any FDA-approved prescription drug that is recognized by a
2626 16 generally accepted standard medical reference as effective in
2727 17 the treatment of conditions specified in the most recent
2828 18 Diagnostic and Statistical Manual of Mental Disorders
2929 19 published by the American Psychiatric Association if a
3030 20 preferred or non-preferred drug is prescribed to an adult
3131 21 patient to treat serious mental illness and (i) during the
3232 22 preceding 60 days, the patient who experienced an inadequate
3333 23 response was prescribed and unsuccessfully treated with a
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3838 305 ILCS 5/5-5.12f 305 ILCS 5/5-5.12f
3939 305 ILCS 5/5-5.12f
4040 Amends the Medical Assistance Article of the Illinois Public Aid Code. In provisions prohibiting prior authorization mandates and utilization management controls under the fee-for-service and managed care medical assistance programs on specified FDA-approved prescription drugs for mental illness, provides that the prohibition shall apply if a preferred or non-preferred drug is prescribed to an adult patient to treat a serious mental illness and (i) during the preceding 60 days, the patient who experienced an inadequate response was prescribed and unsuccessfully treated with a 14-day treatment trial of a drug for the same clinical condition that is included on the preferred drug list and (ii) one of the statutory conditions apply.
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6868 1 14-day treatment trial of a drug for the same clinical
6969 2 condition that is included on the preferred drug list and (ii)
7070 3 one of the following applies:
7171 4 (1) the patient has changed providers, including, but
7272 5 not limited to, a change from an inpatient to an
7373 6 outpatient provider, and is stable on the drug that has
7474 7 been previously prescribed, and received prior
7575 8 authorization, if required;
7676 9 (2) the patient has changed insurance coverage and is
7777 10 stable on the drug that has been previously prescribed and
7878 11 received prior authorization under the previous source of
7979 12 coverage; or
8080 13 (3) subject to federal law on maximum dosage limits
8181 14 and safety edits adopted by the Department's Drug and
8282 15 Therapeutics Board, including those safety edits and
8383 16 limits needed to comply with federal requirements
8484 17 contained in 42 CFR 456.703, the patient has previously
8585 18 been prescribed and obtained prior authorization for the
8686 19 drug and the prescription modifies the dosage, dosage
8787 20 frequency, or both, of the drug as part of the same
8888 21 treatment for which the drug was previously prescribed.
8989 22 (b) The following safety edits shall be permitted for
9090 23 prescription drugs covered under this Section:
9191 24 (1) clinically appropriate drug utilization review
9292 25 (DUR) edits, including, but not limited to, drug-to-drug,
9393 26 drug-age, and drug-dose;
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104104 1 (2) generic drug substitution if a generic drug is
105105 2 available for the prescribed medication in the same dosage
106106 3 and formulation; and
107107 4 (3) any utilization management control that is
108108 5 necessary for the Department to comply with any current
109109 6 consent decrees or federal waivers.
110110 7 (c) As used in this Section, "serious mental illness"
111111 8 means any one or more of the following diagnoses and
112112 9 International Classification of Diseases, Tenth Revision,
113113 10 Clinical Modification (ICD-10-CM) codes listed by the
114114 11 Department of Human Services' Division of Mental Health, as
115115 12 amended, on its official website:
116116 13 (1) Delusional Disorder (F22)
117117 14 (2) Brief Psychotic Disorder (F23)
118118 15 (3) Schizophreniform Disorder (F20.81)
119119 16 (4) Schizophrenia (F20.9)
120120 17 (5) Schizoaffective Disorder (F25.x)
121121 18 (6) Catatonia Associated with Another Mental Disorder
122122 19 (Catatonia Specifier) (F06.1)
123123 20 (7) Other Specified Schizophrenia Spectrum and Other
124124 21 Psychotic Disorder (F28)
125125 22 (8) Unspecified Schizophrenia Spectrum and Other
126126 23 Psychotic Disorder (F29)
127127 24 (9) Bipolar I Disorder (F31.xx)
128128 25 (10) Bipolar II Disorder (F31.81)
129129 26 (11) Cyclothymic Disorder (F34.0)
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140140 1 (12) Unspecified Bipolar and Related Disorder (F31.9)
141141 2 (13) Disruptive Mood Dysregulation Disorder (F34.8)
142142 3 (14) Major Depressive Disorder Single episode (F32.xx)
143143 4 (15) Major Depressive Disorder, Recurrent episode
144144 5 (F33.xx)
145145 6 (16) Obsessive-Compulsive Disorder (F42)
146146 7 (17) Posttraumatic Stress Disorder (F43.10)
147147 8 (18) Anorexia Nervosa (F50.0x)
148148 9 (19) Bulimia Nervosa (F50.2)
149149 10 (20) Postpartum Depression (F53.0)
150150 11 (21) Puerperal Psychosis (F53.1)
151151 12 (22) Factitious Disorder Imposed on Another (F68.A)
152152 13 (d) Notwithstanding any other provision of law, nothing in
153153 14 this Section shall not be construed to conflict with Section
154154 15 1927(a)(1) and (b)(1)(A) of the federal Social Security Act
155155 16 and any implementing regulations and agreements.
156156 17 (Source: P.A. 103-593, eff. 6-7-24.)
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