96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0806

 

Introduced 2/6/2009, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
320 ILCS 25/6   from Ch. 67 1/2, par. 406

    Amends the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. Makes a technical change in a Section concerning administration of the pharmaceutical assistance program.


LRB096 06876 DRJ 16962 b

 

 

A BILL FOR

 

SB0806 LRB096 06876 DRJ 16962 b

1     AN ACT concerning aging.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Senior Citizens and Disabled Persons
5 Property Tax Relief and Pharmaceutical Assistance Act is
6 amended by changing Section 6 as follows:
 
7     (320 ILCS 25/6)  (from Ch. 67 1/2, par. 406)
8     Sec. 6. Administration.
9     (a) In general. Upon receipt of a timely filed claim, the
10 the Department shall determine whether the claimant is a person
11 entitled to a grant under this Act and the amount of grant to
12 which he is entitled under this Act. The Department may require
13 the claimant to furnish reasonable proof of the statements of
14 domicile, household income, rent paid, property taxes accrued
15 and other matters on which entitlement is based, and may
16 withhold payment of a grant until such additional proof is
17 furnished.
18     (b) Rental determination. If the Department finds that the
19 gross rent used in the computation by a claimant of rent
20 constituting property taxes accrued exceeds the fair rental
21 value for the right to occupy that residence, the Department
22 may determine the fair rental value for that residence and
23 recompute rent constituting property taxes accrued

 

 

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1 accordingly.
2     (c) Fraudulent claims. The Department shall deny claims
3 which have been fraudulently prepared or when it finds that the
4 claimant has acquired title to his residence or has paid rent
5 for his residence primarily for the purpose of receiving a
6 grant under this Act.
7     (d) Pharmaceutical Assistance. The Department shall allow
8 all pharmacies licensed under the Pharmacy Practice Act of 1987
9 to participate as authorized pharmacies unless they have been
10 removed from that status for cause pursuant to the terms of
11 this Section. The Director of the Department may enter into a
12 written contract with any State agency, instrumentality or
13 political subdivision, or a fiscal intermediary for the purpose
14 of making payments to authorized pharmacies for covered
15 prescription drugs and coordinating the program of
16 pharmaceutical assistance established by this Act with other
17 programs that provide payment for covered prescription drugs.
18 Such agreement shall establish procedures for properly
19 contracting for pharmacy services, validating reimbursement
20 claims, validating compliance of dispensing pharmacists with
21 the contracts for participation required under this Section,
22 validating the reasonable costs of covered prescription drugs,
23 and otherwise providing for the effective administration of
24 this Act.
25     The Department shall promulgate rules and regulations to
26 implement and administer the program of pharmaceutical

 

 

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1 assistance required by this Act, which shall include the
2 following:
3         (1) Execution of contracts with pharmacies to dispense
4     covered prescription drugs. Such contracts shall stipulate
5     terms and conditions for authorized pharmacies
6     participation and the rights of the State to terminate such
7     participation for breach of such contract or for violation
8     of this Act or related rules and regulations of the
9     Department;
10         (2) Establishment of maximum limits on the size of
11     prescriptions, new or refilled, which shall be in amounts
12     sufficient for 34 days, except as otherwise specified by
13     rule for medical or utilization control reasons;
14         (3) Establishment of liens upon any and all causes of
15     action which accrue to a beneficiary as a result of
16     injuries for which covered prescription drugs are directly
17     or indirectly required and for which the Director made
18     payment or became liable for under this Act;
19         (4) Charge or collection of payments from third parties
20     or private plans of assistance, or from other programs of
21     public assistance for any claim that is properly chargeable
22     under the assignment of benefits executed by beneficiaries
23     as a requirement of eligibility for the pharmaceutical
24     assistance identification card under this Act;
25         (4.5) Provision for automatic enrollment of
26     beneficiaries into a Medicare Discount Card program

 

 

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1     authorized under the federal Medicare Modernization Act of
2     2003 (P.L. 108-391) to coordinate coverage including
3     Medicare Transitional Assistance;
4         (5) Inspection of appropriate records and audit of
5     participating authorized pharmacies to ensure contract
6     compliance, and to determine any fraudulent transactions
7     or practices under this Act;
8         (6) Annual determination of the reasonable costs of
9     covered prescription drugs for which payments are made
10     under this Act, as provided in Section 3.16;
11         (7) Payment to pharmacies under this Act in accordance
12     with the State Prompt Payment Act.
13     The Department shall annually report to the Governor and
14 the General Assembly by March 1st of each year on the
15 administration of pharmaceutical assistance under this Act. By
16 the effective date of this Act the Department shall determine
17 the reasonable costs of covered prescription drugs in
18 accordance with Section 3.16 of this Act.
19 (Source: P.A. 92-651, eff. 7-11-02; 93-841, eff. 7-30-04;
20 revised 1-22-08.)