State of Illinois
91st General Assembly
Legislation

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91_HB3241

 
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 1        AN ACT to amend the Senior Citizens and Disabled  Persons
 2    Property  Tax  Relief  and  Pharmaceutical  Assistance Act by
 3    changing Sections 3.15 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 Section 3.15 as follows:

 9        (320 ILCS 25/3.15) (from Ch. 67 1/2, par. 403.15)
10        Sec.  3.15.   "Covered  prescription  drug" means (1) any
11    cardiovascular agent  or  drug;  (2)  any  insulin  or  other
12    prescription   drug   used  in  the  treatment  of  diabetes,
13    including syringe and needles used to administer the insulin;
14    and (3) any  prescription  drug  used  in  the  treatment  of
15    arthritis;  (4)  beginning  January 1, 2001, any prescription
16    drug used  in  the  treatment  of  Parkinson's  disease;  (5)
17    beginning  January 1, 2001, any prescription drug used in the
18    treatment of Alzheimer's disease; and (6)  beginning  January
19    1,  2001,  any  prescription  drug  used  in the treatment of
20    cancer.  The specific agents or products to be included under
21    such categories shall be listed in a handbook to be  prepared
22    and  distributed  by  the  Department.   The general types of
23    covered prescription drugs shall be indicated by rule.
24    (Source: P.A. 85-1176.)

25        (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
26        Sec. 4.  Amount of Grant.
27        (a)  In general. Any individual 65 years or older or  any
28    individual  who  will become 65 years old during the calendar
29    year in which a claim is filed, and any surviving  spouse  of
30    such  a  claimant,  who  at the time of death received or was
 
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 1    entitled to receive a grant pursuant to this  Section,  which
 2    surviving  spouse  will  become 65 years of age within the 24
 3    months immediately following the death of such  claimant  and
 4    which  surviving  spouse  but for his or her age is otherwise
 5    qualified to receive a grant pursuant to  this  Section,  and
 6    any  disabled  person  whose  annual household income is less
 7    than $14,000 for grant years before the 1998 grant year,  and
 8    less  than  $16,000  for  the 1998  and 1999 grant years, and
 9    less than $25,000 for the 2000 grant year and thereafter  and
10    whose  household  is  liable  for  payment  of property taxes
11    accrued or has paid rent constituting property taxes  accrued
12    and is domiciled in this State at the time he files his claim
13    is  entitled to claim a grant under this Act. With respect to
14    claims filed by individuals who  will  become  65  years  old
15    during  the  calendar  year  in  which  a claim is filed, the
16    amount of any grant to which that household is entitled shall
17    be an amount equal  to  1/12  of  the  amount  to  which  the
18    claimant  would  otherwise  be  entitled  as provided in this
19    Section, multiplied by the number  of  months  in  which  the
20    claimant  was  65  in the calendar year in which the claim is
21    filed.
22        (b)  Limitation.   Except  as   otherwise   provided   in
23    subsections  (a)  and (f) of this Section, the maximum amount
24    of grant which a claimant is entitled to claim is the  amount
25    by  which  the  property  taxes  accrued  which  were paid or
26    payable  during  the  last  preceding  tax   year   or   rent
27    constituting  property  taxes  accrued  upon  the  claimant's
28    residence  for the last preceding taxable year exceeds 3 1/2%
29    of the claimant's household income for that year  but  in  no
30    event  is the grant to exceed (i) $700 less 4.5% of household
31    income for that year for those with  a  household  income  of
32    $14,000 or less or (ii) $70 if household income for that year
33    is more than $14,000 but less than $16,000.
34        (c)  Public  aid  recipients.  If household income in one
 
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 1    or more months during a  year  includes  cash  assistance  in
 2    excess  of $55 per month from the Department of Public Aid or
 3    the Department of Human Services (acting as successor to  the
 4    Department  of  Public  Aid  under  the  Department  of Human
 5    Services Act)  which was determined under regulations of that
 6    Department on a measure of need that  included  an  allowance
 7    for  actual  rent  or property taxes paid by the recipient of
 8    that assistance, the amount of grant to which that  household
 9    is  entitled, except as otherwise provided in subsection (a),
10    shall be the product of (1) the maximum  amount  computed  as
11    specified in subsection (b) of this Section and (2) the ratio
12    of  the  number  of  months in which household income did not
13    include such cash assistance over $55 to the  number  twelve.
14    If household income did not include such cash assistance over
15    $55  for  any months during the year, the amount of the grant
16    to which the household  is  entitled  shall  be  the  maximum
17    amount  computed  as  specified  in  subsection  (b)  of this
18    Section.   For  purposes  of  this   paragraph   (c),   "cash
19    assistance"  does  not  include any amount received under the
20    federal Supplemental Security Income (SSI) program.
21        (d)  Joint ownership.  If title to the residence is  held
22    jointly  by the claimant with a person who is not a member of
23    his household, the amount of property taxes accrued  used  in
24    computing  the  amount of grant to which he is entitled shall
25    be the same percentage of property taxes accrued  as  is  the
26    percentage   of   ownership  held  by  the  claimant  in  the
27    residence.
28        (e)  More than one residence.  If a claimant has occupied
29    more than one residence in the taxable  year,  he  may  claim
30    only  one  residence for any part of a month.  In the case of
31    property taxes accrued, he shall pro rate 1/12 of  the  total
32    property taxes accrued on his residence to each month that he
33    owned  and  occupied that residence; and, in the case of rent
34    constituting property taxes  accrued,  shall  pro  rate  each
 
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 1    month's  rent  payments  to  the  residence actually occupied
 2    during that month.
 3        (f)  There   is   hereby   established   a   program   of
 4    pharmaceutical assistance to  the  aged  and  disabled  which
 5    shall  be  administered  by the Department in accordance with
 6    this Act, to consist of payments to authorized pharmacies, on
 7    behalf of beneficiaries of the program,  for  the  reasonable
 8    costs  of  covered  prescription drugs.  Each beneficiary who
 9    pays $40 for an identification card shall pay the  first  $15
10    of  prescription costs each month.  Each beneficiary who pays
11    $80 for an identification card shall pay  the  first  $25  of
12    prescription   costs   each  month.   In  addition,  after  a
13    beneficiary receives $800 in benefits during a  State  fiscal
14    year,  that beneficiary shall also be charged 20% of the cost
15    of each prescription for  which  payments  are  made  by  the
16    program during the remainder of the fiscal year.  To become a
17    beneficiary  under  this program a person must be: (1) (i) 65
18    years or older, or  (ii)  the  surviving  spouse  of  such  a
19    claimant,  who  at the time of death received or was entitled
20    to  receive  benefits  pursuant  to  this  subsection,  which
21    surviving spouse will become 65 years of age  within  the  24
22    months  immediately  following the death of such claimant and
23    which surviving spouse but for his or her  age  is  otherwise
24    qualified to receive benefits pursuant to this subsection, or
25    (iii)  disabled,  and  (2)  is domiciled in this State at the
26    time he files his  or  her  claim,  and  (3)  has  a  maximum
27    household  income of less than $14,000 for grant years before
28    the 1998 grant year, and less than $16,000 for the  1998  and
29    1999  grant  years,  and less than $25,000 for the 1999 grant
30    year and thereafter. In addition, each eligible  person  must
31    (1) obtain an identification card from the Department, (2) at
32    the  time the card is obtained, sign a statement assigning to
33    the State of Illinois benefits which may be otherwise claimed
34    under  any  private  insurance   plans,   (3)   present   the
 
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 1    identification card to the dispensing pharmacist.
 2        Any   person   otherwise   eligible   for  pharmaceutical
 3    assistance under this Act whose covered drugs are covered  by
 4    any  public  program for assistance in purchasing any covered
 5    prescription drugs shall be ineligible for  assistance  under
 6    this  Act  to the extent such costs are covered by such other
 7    plan.
 8        The  fee  to  be  charged  by  the  Department  for   the
 9    identification  card  shall be equal to $40 for persons below
10    the official poverty line as defined  by  the  United  States
11    Department of Health and Human Services and $80 for all other
12    persons.
13        In  the event that 2 or more persons are eligible for any
14    benefit  under  this  Act,  and  are  members  of  the   same
15    household,   (1)  each  such  person  shall  be  entitled  to
16    participate  in  the   pharmaceutical   assistance   program,
17    provided  that he or she meets all other requirements imposed
18    by this  subsection  and  (2)  each  participating  household
19    member  contributes  the  fee required for that person by the
20    preceding  paragraph  for  the  purpose   of   obtaining   an
21    identification  card.  Persons eligible for any benefit under
22    this Act due to become  65  in  calendar  year  1984  or  any
23    subsequent  calendar  year  in  which  a  claim  is filed are
24    excluded from the benefit prescribed in this  subsection  (f)
25    for the calendar year in which they become 65.
26    (Source: P.A. 90-650, eff. 7-27-98; 91-357, eff. 7-29-99.)

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