1/20/2016
Leg Day 101
Everything you wanted to know and more about Illinois Pharmacy Legislative Day!
Scott A. Meyers, RPh, MS, FASHP
“No man’s life, liberty or property are safe while the legislature is in session!”
ICHP Executive Vice President
– Mark Twain
Learning Objectives
Illinois Pharmacy Legislative Day
•
•
•
•
•
•
March 2, 2016 Springfield, Illinois
11:30 a.m. to 5:00 p.m.
Lunch
Orientation
Legislative visits
• Describe the process of revising/creating statutes in the Illinois.
• Describe the difference between an IL statute and regulation.
• Review currently active bills and potential issues related to pharmacy that may be brought to the 99th Illinois General Assembly during the spring 2016 session.
• List the professional organizations and State agencies that frequently provide input during the legislative process for pharmacy related legislation and describe their reasons.
• Identify the steps in executing a successful interaction with a legislator, constitutional officer or government agency representative.
If you need CE credit
• Pharmacists and Certified Pharmacy Technicians may obtain 1 hour of CE credit
• CE Code is ________
• Go to www.CESally.com
• Sign in and complete the evaluation for this program.
Pharmacy Related Statutes
•
•
•
•
•
•
•
•
•
Illinois Pharmacy Practice Act & Rules
Illinois & Federal Controlled Substance Act & Rules
Illinois Hypodermic Needle and Syringe Act Illinois & Federal Food, Drug and Cosmetic Act & Rules
Wholesale Drug Distribution Licensing Act and Rules*
Illinois Poison Prevention Packaging Act
Poison Prevention Packaging Act of 1970
Illinois Hospital Licensing Act and Rules
Compassionate Use of Medical Marijuana Pilot Act
1
1/20/2016
The Illinois Department of Financial and Professional Regulation and the Board of Pharmacy
The 99th Illinois General Assembly
• The Department staff is responsible for creating and revising pharmacy practice act rules.
• The Board of Pharmacy acts in an advisory capacity to the Illinois Department of Financial and Professional Regulation.
• The Board recommends actions to the Director of the Division of Professional Regulation within the Dept.
• The Director is not bound by the Board’s recommendations or suggestions.
How a Bill becomes a Law
“Be thankful we’re not getting all the government we’re paying for.”
WILL ROGERS
Committees that hear Pharmacy Legislation
• Members of each Committee are appointed by their party’s leadership.
• Senate
– Licensed Activities Committee (12 members, 8D’s, 4R’s)
– Chair, Iris Martinez, D‐Chicago
– Sometimes Public Health or Human Services Committees will hear a related bill
• House
• First Reading – Introduction of the bill
• Committee Assignment – We identify proponents and opponents
• Second Reading – Amendments can be made from the chamber floor
• Third Reading – Debate and final vote in that Chamber
When We Visit Springfield Most Bills Will Be In Committee
• Deadline for bills to come out of their respective committees is Friday, March 27th.
• Has anyone been to legislative day before?
• Did you attend a committee hearing?
• Can you describe what happens?
– Health Care Licenses Committee (12 members, 7D’s, 5R’s)
– Chair, Michael Zalewski, D‐Riverside
– Consumer Protection, Insurance or State Government Administration may hear a related bill
2
1/20/2016
3rd Reading
• Voting is done electronically.
• You will be able to see the totals as votes are cast.
• If the bill receives a majority of votes in favor, it moves to the other chamber and repeats the identical process beginning with 1st
Reading and Committee assignment.
The Governor
• The Governor has four options with a bill.
– Sign it into law.
– Ignore the bill and do nothing and it becomes law in 60 days.
– Veto the entire bill and send it back to the General Assembly.
– Veto portions of the bill, possibly changing some of the language and then send it back to the General Assembly.
– The current Senate (39D, 20R) House (72D, 46R)
Getting the Bill to the Governor
• If a Senate bill passes in the House unchanged, it is sent to the Governor for his approval/signature or veto.
• If the Senate bill is amended by the House or if a House bill is amended by the Senate and then passes, the bill goes to a conference committee made up of House and Senate members who work out a compromise.
• Once a compromise is achieved, both chambers must vote to accept the compromise or “concur”.
Once a Bill becomes a Law, we need Rules!
• In pharmacy’s case rule‐making is primarily the responsibility of the Department of Financial and Professional Regulation.
• Rules are drafted with input from interested or affected parties.
• Final rules are sent to the Joint Committee on Administrative Rules
– 8 Senators (4 Dems & 4 Reps)
– 8 Representatives (4 Dems & 4 Reps)
Disclaimer!!!
Current Pharmacy Legislation
• Because the General Assembly just convened its 2016 Spring Session, very few bills have been introduced at this time.
• In addition, the House has yet to meet.
• Therefore, we will discuss bills that did not pass last spring that should resurface with new numbers this spring.
• Or facsimilis thereof!
3
1/20/2016
SB0029, HB0207, HB0496, HB1335, HB2508 Right to Try
HB2743 Amends the Insurance Code and others
• Sen. Michael Connelly – R, Wheaton
• Reps. Mary Flowers (D), Harris (D), Beiser (D), Anthony (R), Harris (R)
• Both bills allow terminally ill patients to petition pharmaceutical manufacturers for access to investigational medications.
• They do not require the manufacturers to provide the medications.
• They do not provide any liability protection for manufacturers and limited liability to the Doc.
• Rep. Sara Feigenholtz, D‐Chicago
• Requires health prescription drug plans to cover abuse deterrent opioid analgesics as preferred drugs.
• Prohibits cost‐sharing for abuse‐deterrent opioid analgesics.
• Prohibits insurers from requiring a covered individual from first using an opioid analgesic without abuse‐deterrent.
HB0125 Amends the Public Aid Code
HB2525 Amends the Public Aid Code
• Rep. Mary Flowers – D, Chicago
• Removes the provision requiring prior authorization for any Medicaid prescriptions above 4 for each patient.
• Also removes the prior authorization requirement for more than 3 brand name prescription drugs.
• Rep. Michael Tryon, R‐Crystal Lake
• Requires Medicaid to provide and pay for OTC medications prescribed by a physician, PA or APN for Medicaid patients.
• Reimburses pharmacies at the same rate as prescription products.
• Requires DHFS to develop standards on the documentation submitted by prescribers.
HB2507 Amends the Public Aid Code
HB0336 – Amends the Public Aid Code
• Rep. Robert Martwick, D‐Chicago
• Exempts smoking cessation products from the Medicaid 4‐prescription prior authorization requirement.
• Rep. Linda Chapa LaVia – D, Aurora
• Provides that immunosuppressants, oncolytics, anti‐retrovirals, antipsychotics, anti‐depressants, and anti‐anxiety medications not be subject to prior approval as a result of the 4‐prescription limit of Medicaid.
4
1/20/2016
HB0409, HB0410 & HB2179 Amend the Pharmacy Practice Act
• Rep. Lou Lang – D, Chicago
• Rep. Jim Durkin – R, Burr Ridge
• All bills are technical changes to the Act which means there could be something coming but we currently have no idea what that is.
HB4079 Amends the Insurance Code
• Creates criteria for audits of pharmacy records.
• Allows plan enrollees to receive 90‐day supply from their own community pharmacy.
• Provides for medication synchronization.
• Defines “Pharmacist Care” and “Standing Order”.
• Allows for billing for “Pharmacist provided services” by pharmacy or pharmacist.
Who impacts pharmacy in Springfield besides ICHP and IPhA?
•
•
•
•
•
•
•
Illinois Retail Merchants Association
Illinois State Medical Society
Illinois Nurses Association
PhRMA
IDFPR
Illinois Association of Trial Attorneys
And others depending on the issue
HB4079 Amends the Insurance Code
• Rep. Kelly Cassidy, D, Chicago
• Registers Pharmacy Benefit Managers and provides mechanism to revoke, suspend, deny or restrict a certificate of registration for violation of the Code.
• Provides that a PBM shall not mandate a that a covered individual use a specific pharmacy or provide incentives to encourage the use of a specific pharmacy.
HB4213 Amends the Pharmacy Practice Act
• Rep. Marcus Evans Jr., D. Chicago
• Allows pharmacists to immunize patients age 10‐13 for all types of diseases.
10th Annual Under the Dome
• Bus transportation is available for a minimal fee from Roosevelt, Rosalind Franklin, Midwestern, Chicago State, UIC, SIUe and StLCOP.
• There is a registration fee to attend Legislative Day which is relatively low cost for members and very expensive for non‐members!
• You must pre‐register to attend.
• We’ll feed you lunch and keep you busy all afternoon.
5
1/20/2016
Meeting your legislators
Meeting your legislators
• It’s best if you can make an appointment with your legislators whether in Springfield or in the district. Dropping in on them often doesn’t work.
• Always be polite. Don’t start out with “As a voter and constituent”.
• Keep it brief and provide an information sheet on each issue you discuss. 1 page per issue. We will provide you with those.
• Offer your assistance with all health care issues.
• If they are not the bill sponsor, they probably don’t know much about it.
• Unless their other job is in health care keep the medical terms simple.
• If you have another area of special interest let them know that you’re willing to help there too! But this is after the group is done discussing the pharmacy issues.
Meeting your legislators at Leg Day
Meeting your legislators at Leg Day
• We will provide you with a name badge.
• We place you in groups with someone who’s done this before. Sometimes the groups are big!
• You will probably visit legislators from other districts.
• You’re welcome to take the lead with your legislator but only if you’re comfortable.
• Wear your white coats in the Capitol.
Meeting your legislators
Maybe you’ll see a future U.S. President!
• We will not be the only group in the Capitol on Legislative Day. Illinois is a big state with lots of issues. So be prepared to compete!
• You may not see your legislators. That’s life!
6
1/20/2016
Or Get a Selfie with the Gov!
Advocacy for Pharmacy
• Most all of the regulation of the practice of pharmacy is set by State Pharmacy Practice Acts and Rules.
• In order to keep the laws and rules contemporary and helping patients, you need a voice within your state.
• You need to belong to a State Pharmacy organization that has boots on the ground in the Capitol!
“As long as our government is administered for the good of the people, and is regulated by their will; as long as it secures to us the rights of persons and of property, liberty of conscience and of the press, it will be worth defending.”
QUESTIONS?????
[email protected]
Andrew Jackson
7