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Illinois Asks for Permission to Import Drugs

By ALM Staff | Law Journal Newsletters |
January 13, 2004

Illinois governor Rod R. Blagojevich sent a letter on December 22 to Secretary of Health and Human Services Tommy Thompson asking that Thompson approve Illinois' plan to import pharmaceutical products from Canada for use by the state's employees and retirees. The governor, who has been pushing for months to gain the right to purchase drugs for Illinois from less-expensive sources in Canada, stated in his letter, “I was encouraged by your recent statements regarding your willingness to approve a small-scale demonstration project around the issue of re-importation of prescription drugs from Canada. We would like to work with you to design an effective pilot program that complies with the law.” Blagojevich hopes his state will become the “small-scale demonstration project” Thompson spoke of.

The Governor's Plan

Blagojevich cites the Medicare Prescription Drug Improvement and Modernization Act of 2003 as authorizing Thompson to approve Illinois' program. According to Blagojevich, Thompson could certify to Congress under ' 804(1) of the Act that for the narrow purposes of Illinois' pilot program, re-importation would pose no additional risk to the public's health and safety, and would result in a significant reduction in the cost of prescription drugs to consumers. Then, according to the governor, Thompson could use the authority granted to him under the Act to grant waivers of the prohibition against re-importation of an agreed list of prescription drugs.

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