State of Illinois
91st General Assembly
Legislation

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91_HB1847

 
                                               LRB9102758SMdv

 1        AN  ACT to amend the Senior Citizens and Disabled Persons
 2    Property Tax Relief  and  Pharmaceutical  Assistance  Act  by
 3    changing the title and Sections 1 and 4.

 4        Be  it  enacted  by  the People of the State of Illinois,
 5    represented in the General Assembly:

 6        Section 5.  The  Senior  Citizens  and  Disabled  Persons
 7    Property  Tax  Relief  and  Pharmaceutical  Assistance Act is
 8    amended by changing  the  title  and  Sections  1  and  4  as
 9    follows:

10        (320 ILCS 25/Act title)
11        An Act in relation to the payment of grants to enable the
12    elderly and the disabled to acquire or retain private housing
13    and to enable certain persons to acquire prescription drugs.

14        (320 ILCS 25/1) (from Ch. 67 1/2, par. 401)
15        Sec. 1.  Short title. This Article shall be known and may
16    be  cited  as  the  "Senior  Citizens  and  Disabled  Persons
17    Property  Tax  Relief  and Pharmaceutical Assistance Act". As
18    used in this Article, "this Act" means this Article.
19    (Source: P.A. 83-1531.)

20        (320 ILCS 25/3.15) (from Ch. 67 1/2, par. 403.15)
21        Sec. 3.15.  "Covered prescription  drug"  means  (1)  any
22    cardiovascular  agent  or  drug;  (2)  any  insulin  or other
23    prescription  drug  used  in  the  treatment   of   diabetes,
24    including syringe and needles used to administer the insulin;
25    and  (3)  any  prescription  drug  used  in  the treatment of
26    arthritis; (4) any prescription drug used in the treatment of
27    Alzheimer's disease; (5) any prescription drug  used  in  the
28    treatment  of  asthma;  (6) any prescription drug used in the
29    treatment of Parkinson's disease; and  (7)  any  prescription
 
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 1    drug used in the treatment of cancer.  The specific agents or
 2    products to be included under such categories shall be listed
 3    in  a  handbook  to  be  prepared   and  distributed  by  the
 4    Department.   The general types of covered prescription drugs
 5    shall be indicated by rule.
 6    (Source: P.A. 85-1176.)

 7        (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
 8        Sec. 4.  Amount of Grant.
 9        (a)  In general. Any individual 65 years or older or  any
10    individual  who  will become 65 years old during the calendar
11    year in which a claim is filed, and any surviving  spouse  of
12    such  a  claimant,  who  at the time of death received or was
13    entitled to receive a grant pursuant to this  Section,  which
14    surviving  spouse  will  become 65 years of age within the 24
15    months immediately following the death of such  claimant  and
16    which  surviving  spouse  but for his or her age is otherwise
17    qualified to receive a grant pursuant to  this  Section,  and
18    any  disabled  person  whose  annual household income is less
19    than $14,000 for grant years before the 1998 grant  year  and
20    less  than $16,000 for the 1998 grant year and thereafter and
21    whose household is  liable  for  payment  of  property  taxes
22    accrued  or has paid rent constituting property taxes accrued
23    and is domiciled in this State at the time he files his claim
24    is entitled to claim a grant under this Act. With respect  to
25    claims  filed  by  individuals  who  will become 65 years old
26    during the calendar year in  which  a  claim  is  filed,  the
27    amount of any grant to which that household is entitled shall
28    be  an  amount  equal  to  1/12  of  the  amount to which the
29    claimant would otherwise be  entitled  as  provided  in  this
30    Section,  multiplied  by  the  number  of months in which the
31    claimant was 65 in the calendar year in which  the  claim  is
32    filed.
33        (b)  Limitation.    Except   as   otherwise  provided  in
 
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 1    subsections (a) and (f) of this Section, the  maximum  amount
 2    of  grant which a claimant is entitled to claim is the amount
 3    by which the  property  taxes  accrued  which  were  paid  or
 4    payable   during   the   last  preceding  tax  year  or  rent
 5    constituting  property  taxes  accrued  upon  the  claimant's
 6    residence for the last preceding taxable year exceeds 3  1/2%
 7    of  the  claimant's  household income for that year but in no
 8    event is the grant to exceed (i) $700 less 4.5% of  household
 9    income  for  that  year  for those with a household income of
10    $14,000 or less or (ii) $70 if household income for that year
11    is more than $14,000 but less than $16,000.
12        (c)  Public aid recipients.  If household income  in  one
13    or  more  months  during  a  year includes cash assistance in
14    excess of $55 per month from the Department of Public Aid  or
15    the  Department of Human Services (acting as successor to the
16    Department of  Public  Aid  under  the  Department  of  Human
17    Services Act)  which was determined under regulations of that
18    Department  on  a  measure of need that included an allowance
19    for actual rent or property taxes paid by  the  recipient  of
20    that  assistance, the amount of grant to which that household
21    is entitled, except as otherwise provided in subsection  (a),
22    shall  be  the  product of (1) the maximum amount computed as
23    specified in subsection (b) of this Section and (2) the ratio
24    of the number of months in which  household  income  did  not
25    include  such  cash assistance over $55 to the number twelve.
26    If household income did not include such cash assistance over
27    $55 for any months during the year, the amount of  the  grant
28    to  which  the  household  is  entitled  shall be the maximum
29    amount computed  as  specified  in  subsection  (b)  of  this
30    Section.    For   purposes   of  this  paragraph  (c),  "cash
31    assistance" does not include any amount  received  under  the
32    federal Supplemental Security Income (SSI) program.
33        (d)  Joint  ownership.  If title to the residence is held
34    jointly by the claimant with a person who is not a member  of
 
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 1    his  household,  the amount of property taxes accrued used in
 2    computing the amount of grant to which he is  entitled  shall
 3    be  the  same  percentage of property taxes accrued as is the
 4    percentage  of  ownership  held  by  the  claimant   in   the
 5    residence.
 6        (e)  More than one residence.  If a claimant has occupied
 7    more  than  one  residence  in the taxable year, he may claim
 8    only one residence for any part of a month.  In the  case  of
 9    property  taxes  accrued, he shall pro rate 1/12 of the total
10    property taxes accrued on his residence to each month that he
11    owned and occupied that residence; and, in the case  of  rent
12    constituting  property  taxes  accrued,  shall  pro rate each
13    month's rent payments  to  the  residence  actually  occupied
14    during that month.
15        (f)  There   is   hereby   established   a   program   of
16    pharmaceutical  assistance  to  the  aged  and disabled which
17    shall be administered by the Department  in  accordance  with
18    this Act, to consist of payments to authorized pharmacies, on
19    behalf  of  beneficiaries  of the program, for the reasonable
20    costs of covered prescription drugs.   Each  beneficiary  who
21    pays  $40  for an identification card shall pay the first $15
22    of prescription costs each month.  Each beneficiary who  pays
23    $80  for  an  identification  card shall pay the first $25 of
24    prescription  costs  each  month.   In  addition,   after   a
25    beneficiary  receives  $800 in benefits during a State fiscal
26    year, that beneficiary shall also be charged 20% of the  cost
27    of  each  prescription  for  which  payments  are made by the
28    program during the remainder of the fiscal year.  To become a
29    beneficiary under this program a person must be: (1)  (i)  65
30    years  or  older,  or  (ii)  the  surviving  spouse of such a
31    claimant, who at the time of death received or  was  entitled
32    to  receive  benefits  pursuant  to  this  subsection,  which
33    surviving  spouse  will  become 65 years of age within the 24
34    months immediately following the death of such  claimant  and
 
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 1    which  surviving  spouse  but for his or her age is otherwise
 2    qualified to receive benefits pursuant to this subsection, or
 3    (iii) disabled, and (2) is domiciled in  this  State  at  the
 4    time  he  files  his  or  her  claim,  and  (3) has a maximum
 5    household income of less than $14,000 for grant years  before
 6    the  1998 grant year and less than $16,000 for the 1998 grant
 7    year  and  thereafter.  A  person  who  does  not  meet   the
 8    requirements to become a beneficiary under the pharmaceutical
 9    assistance  program  under  provisions  (1)  or  (3)  of  the
10    requirements  to become a beneficiary stated above (regarding
11    age and income) but who meets the requirements  of  provision
12    (2)  (regarding domicile) is eligible to become a beneficiary
13    if that person  suffers  from  Alzheimer's  disease,  asthma,
14    Parkinson's  disease,  or cancer.  A person who does not meet
15    the  requirements  to  become   a   beneficiary   under   the
16    pharmaceutical  assistance program under provision (1) of the
17    requirements to become a beneficiary stated above  (regarding
18    age) but who meets the requirements of provisions (2) and (3)
19    (regarding  domicile  and  income)  is  eligible  to become a
20    beneficiary if that person is a veteran of the United  States
21    armed  forces.  In  addition,  each  eligible person must (1)
22    obtain an identification card from the Department, (2) at the
23    time the card is obtained, sign a statement assigning to  the
24    State  of  Illinois  benefits  which may be otherwise claimed
25    under  any  private  insurance   plans,   (3)   present   the
26    identification card to the dispensing pharmacist.
27        Any   person   otherwise   eligible   for  pharmaceutical
28    assistance under this Act whose covered drugs are covered  by
29    any  public  program for assistance in purchasing any covered
30    prescription drugs shall be ineligible for  assistance  under
31    this  Act  to the extent such costs are covered by such other
32    plan.
33        The  fee  to  be  charged  by  the  Department  for   the
34    identification  card  shall be equal to $40 for persons below
 
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 1    the official poverty line as defined  by  the  United  States
 2    Department of Health and Human Services and $80 for all other
 3    persons.
 4        In  the event that 2 or more persons are eligible for any
 5    benefit  under  this  Act,  and  are  members  of  the   same
 6    household,   (1)  each  such  person  shall  be  entitled  to
 7    participate  in  the   pharmaceutical   assistance   program,
 8    provided  that he or she meets all other requirements imposed
 9    by this  subsection  and  (2)  each  participating  household
10    member  contributes  the  fee required for that person by the
11    preceding  paragraph  for  the  purpose   of   obtaining   an
12    identification  card.  Persons eligible for any benefit under
13    this Act due to become  65  in  calendar  year  1984  or  any
14    subsequent  calendar  year  in  which  a  claim  is filed are
15    excluded from the benefit prescribed in this  subsection  (f)
16    (g) for the calendar year in which they become 65.
17    (Source: P.A.  89-507,  eff.  7-1-97;  90-650,  eff. 7-27-98;
18    revised 11-18-98.)

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