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91_HB3872sam002
LRB9112049SMmbam02
1 AMENDMENT TO HOUSE BILL 3872
2 AMENDMENT NO. . Amend House Bill 3872 by replacing
3 the title with the following:
4 "AN ACT in relation to citizen benefits."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Property Tax Code is amended by changing
8 Section 20-15 as follows:
9 (35 ILCS 200/20-15)
10 Sec. 20-15. Information on bill or separate statement.
11 There shall be printed on each bill, or on a separate slip
12 which shall be mailed with the bill:
13 (a) a statement itemizing the rate at which taxes
14 have been extended for each of the taxing districts in
15 the county in whose district the property is located, and
16 in those counties utilizing electronic data processing
17 equipment the dollar amount of tax due from the person
18 assessed allocable to each of those taxing districts,
19 including a separate statement of the dollar amount of
20 tax due which is allocable to a tax levied under the
21 Illinois Local Library Act or to any other tax levied by
22 a municipality or township for public library purposes,
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1 (b) a separate statement for each of the taxing
2 districts of the dollar amount of tax due which is
3 allocable to a tax levied under the Illinois Pension Code
4 or to any other tax levied by a municipality or township
5 for public pension or retirement purposes,
6 (c) the total tax rate,
7 (d) the total amount of tax due, and
8 (e) the amount by which the total tax and the tax
9 allocable to each taxing district differs from the
10 taxpayer's last prior tax bill.
11 The county treasurer shall ensure that only those taxing
12 districts in which a parcel of property is located shall be
13 listed on the bill for that property.
14 In all counties the statement shall also provide:
15 (1) the property index number or other suitable
16 description,
17 (2) the assessment of the property,
18 (3) the equalization factors imposed by the county
19 and by the Department, and
20 (4) the equalized assessment resulting from the
21 application of the equalization factors to the basic
22 assessment.
23 In all counties which do not classify property for
24 purposes of taxation, for property on which a single family
25 residence is situated the statement shall also include a
26 statement to reflect the fair cash value determined for the
27 property. In all counties which classify property for
28 purposes of taxation in accordance with Section 4 of Article
29 IX of the Illinois Constitution, for parcels of residential
30 property in the lowest assessment classification the
31 statement shall also include a statement to reflect the fair
32 cash value determined for the property.
33 In all counties, the statement shall include information
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1 that certain taxpayers may be eligible for the Senior
2 Citizens and Disabled Persons Property Tax Relief and
3 Pharmaceutical Assistance Act and that applications are
4 available from the Illinois Department of Revenue.
5 In counties which use the estimated or accelerated
6 billing methods, these statements shall only be provided with
7 the final installment of taxes due. The provisions of this
8 Section create a mandatory statutory duty. They are not
9 merely directory or discretionary. The failure or neglect of
10 the collector to mail the bill, or the failure of the
11 taxpayer to receive the bill, shall not affect the validity
12 of any tax, or the liability for the payment of any tax.
13 (Source: P.A. 87-818; 88-455; incorporates 88-262; 88-670,
14 eff. 12-2-94.)
15 Section 10. The Illinois Public Aid Code is amended by
16 changing Section 5-2 as follows:
17 (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
18 Sec. 5-2. Classes of Persons Eligible. Medical
19 assistance under this Article shall be available to any of
20 the following classes of persons in respect to whom a plan
21 for coverage has been submitted to the Governor by the
22 Illinois Department and approved by him:
23 1. Recipients of basic maintenance grants under Articles
24 III and IV.
25 2. Persons otherwise eligible for basic maintenance
26 under Articles III and IV but who fail to qualify thereunder
27 on the basis of need, and who have insufficient income and
28 resources to meet the costs of necessary medical care,
29 including but not limited to the following:,
30 (a) All persons otherwise eligible for basic
31 maintenance under Article III but who fail to qualify
32 under that Article on the basis of need and who meet
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1 either of the following requirements:
2 (i) their income, as determined by the
3 Illinois Department in accordance with any federal
4 requirements, is equal to or less than 70% in fiscal
5 year 2001, equal to or less than 85% in fiscal year
6 2002, and equal to or less than 100% in fiscal year
7 2003 and thereafter of the nonfarm income official
8 poverty line, as defined by the federal Office of
9 Management and Budget and revised annually in
10 accordance with Section 673(2) of the Omnibus Budget
11 Reconciliation Act of 1981, applicable to families
12 of the same size; or
13 (ii) their income, after the deduction of
14 costs incurred for medical care and for other types
15 of remedial care, is equal to or less than 70% in
16 fiscal year 2001, equal to or less than 85% in
17 fiscal year 2002, and equal to or less than 100% in
18 fiscal year 2003 and thereafter of the nonfarm
19 income official poverty line, as defined in item (i)
20 of this subparagraph (a).
21 (b) All persons who would be determined eligible for
22 such basic maintenance under Article IV by disregarding the
23 maximum earned income permitted by federal law.
24 3. Persons who would otherwise qualify for Aid to the
25 Medically Indigent under Article VII.
26 4. Persons not eligible under any of the preceding
27 paragraphs who fall sick, are injured, or die, not having
28 sufficient money, property or other resources to meet the
29 costs of necessary medical care or funeral and burial
30 expenses.
31 5. (a) Women during pregnancy, after the fact of
32 pregnancy has been determined by medical diagnosis, and
33 during the 60-day period beginning on the last day of the
34 pregnancy, together with their infants and children born
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1 after September 30, 1983, whose income and resources are
2 insufficient to meet the costs of necessary medical care
3 to the maximum extent possible under Title XIX of the
4 Federal Social Security Act.
5 (b) The Illinois Department and the Governor shall
6 provide a plan for coverage of the persons eligible under
7 paragraph 5(a) by April 1, 1990. Such plan shall provide
8 ambulatory prenatal care to pregnant women during a
9 presumptive eligibility period and establish an income
10 eligibility standard that is equal to 133% of the nonfarm
11 income official poverty line, as defined by the federal
12 Office of Management and Budget and revised annually in
13 accordance with Section 673(2) of the Omnibus Budget
14 Reconciliation Act of 1981, applicable to families of the
15 same size, provided that costs incurred for medical care
16 are not taken into account in determining such income
17 eligibility.
18 (c) The Illinois Department may conduct a
19 demonstration in at least one county that will provide
20 medical assistance to pregnant women, together with their
21 infants and children up to one year of age, where the
22 income eligibility standard is set up to 185% of the
23 nonfarm income official poverty line, as defined by the
24 federal Office of Management and Budget. The Illinois
25 Department shall seek and obtain necessary authorization
26 provided under federal law to implement such a
27 demonstration. Such demonstration may establish resource
28 standards that are not more restrictive than those
29 established under Article IV of this Code.
30 6. Persons under the age of 18 who fail to qualify as
31 dependent under Article IV and who have insufficient income
32 and resources to meet the costs of necessary medical care to
33 the maximum extent permitted under Title XIX of the Federal
34 Social Security Act.
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1 7. Persons who are 18 years of age or younger and would
2 qualify as disabled as defined under the Federal Supplemental
3 Security Income Program, provided medical service for such
4 persons would be eligible for Federal Financial
5 Participation, and provided the Illinois Department
6 determines that:
7 (a) the person requires a level of care provided by
8 a hospital, skilled nursing facility, or intermediate
9 care facility, as determined by a physician licensed to
10 practice medicine in all its branches;
11 (b) it is appropriate to provide such care outside
12 of an institution, as determined by a physician licensed
13 to practice medicine in all its branches;
14 (c) the estimated amount which would be expended
15 for care outside the institution is not greater than the
16 estimated amount which would be expended in an
17 institution.
18 8. Persons who become ineligible for basic maintenance
19 assistance under Article IV of this Code in programs
20 administered by the Illinois Department due to employment
21 earnings and persons in assistance units comprised of adults
22 and children who become ineligible for basic maintenance
23 assistance under Article VI of this Code due to employment
24 earnings. The plan for coverage for this class of persons
25 shall:
26 (a) extend the medical assistance coverage for up
27 to 12 months following termination of basic maintenance
28 assistance; and
29 (b) offer persons who have initially received 6
30 months of the coverage provided in paragraph (a) above,
31 the option of receiving an additional 6 months of
32 coverage, subject to the following:
33 (i) such coverage shall be pursuant to
34 provisions of the federal Social Security Act;
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1 (ii) such coverage shall include all services
2 covered while the person was eligible for basic
3 maintenance assistance;
4 (iii) no premium shall be charged for such
5 coverage; and
6 (iv) such coverage shall be suspended in the
7 event of a person's failure without good cause to
8 file in a timely fashion reports required for this
9 coverage under the Social Security Act and coverage
10 shall be reinstated upon the filing of such reports
11 if the person remains otherwise eligible.
12 9. Persons with acquired immunodeficiency syndrome
13 (AIDS) or with AIDS-related conditions with respect to whom
14 there has been a determination that but for home or
15 community-based services such individuals would require the
16 level of care provided in an inpatient hospital, skilled
17 nursing facility or intermediate care facility the cost of
18 which is reimbursed under this Article. Assistance shall be
19 provided to such persons to the maximum extent permitted
20 under Title XIX of the Federal Social Security Act.
21 10. Participants in the long-term care insurance
22 partnership program established under the Partnership for
23 Long-Term Care Act who meet the qualifications for protection
24 of resources described in Section 25 of that Act.
25 The Illinois Department and the Governor shall provide a
26 plan for coverage of the persons eligible under paragraph 7
27 as soon as possible after July 1, 1984.
28 The eligibility of any such person for medical assistance
29 under this Article is not affected by the payment of any
30 grant under the Senior Citizens and Disabled Persons Property
31 Tax Relief and Pharmaceutical Assistance Act or any
32 distributions or items of income described under subparagraph
33 (X) of paragraph (2) of subsection (a) of Section 203 of the
34 Illinois Income Tax Act. The Department shall by rule
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1 establish the amounts of assets to be disregarded in
2 determining eligibility for medical assistance, which shall
3 at a minimum equal the amounts to be disregarded under the
4 Federal Supplemental Security Income Program. The amount of
5 assets of a single person to be disregarded shall not be less
6 than $2,000, and the amount of assets of a married couple to
7 be disregarded shall not be less than $3,000.
8 To the extent permitted under federal law, any person
9 found guilty of a second violation of Article VIIIA shall be
10 ineligible for medical assistance under this Article, as
11 provided in Section 8A-8.
12 The eligibility of any person for medical assistance
13 under this Article shall not be affected by the receipt by
14 the person of donations or benefits from fundraisers held for
15 the person in cases of serious illness, as long as neither
16 the person nor members of the person's family have actual
17 control over the donations or benefits or the disbursement of
18 the donations or benefits.
19 (Source: P.A. 91-676, eff. 12-23-99.)
20 Section 15. The Senior Citizens and Disabled Persons
21 Property Tax Relief and Pharmaceutical Assistance Act is
22 amended by changing Sections 3.15, 3.16, 4, and 5 as follows:
23 (320 ILCS 25/3.15) (from Ch. 67 1/2, par. 403.15)
24 Sec. 3.15. "Covered prescription drug" means (1) any
25 cardiovascular agent or drug; (2) any insulin or other
26 prescription drug used in the treatment of diabetes,
27 including syringe and needles used to administer the insulin;
28 and (3) any prescription drug used in the treatment of
29 arthritis, (4) beginning on January 1, 2001, any prescription
30 drug used in the treatment of cancer, (5) beginning on
31 January 1, 2001, any prescription drug used in the treatment
32 of Alzheimer's disease, (6) beginning on January 1, 2001, any
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1 prescription drug used in the treatment of Parkinson's
2 disease, (7) beginning on January 1, 2001, any prescription
3 drug used in the treatment of glaucoma, and (8) beginning on
4 January 1, 2001, any prescription drug used in the treatment
5 of lung disease and smoking related illnesses. The specific
6 agents or products to be included under such categories shall
7 be listed in a handbook to be prepared and distributed by
8 the Department. The general types of covered prescription
9 drugs shall be indicated by rule. The Department of Public
10 Health shall promulgate a list of covered prescription drugs
11 under this program that meet the definition of a narrow
12 therapeutic index drug as described in subsection (f) of
13 Section 4.
14 (Source: P.A. 85-1176.)
15 (320 ILCS 25/3.16) (from Ch. 67 1/2, par. 403.16)
16 Sec. 3.16. "Reasonable cost" means Average Wholesale
17 Price (AWP) minus 10% for products provided by authorized
18 pharmacies plus a professional dispensing fee determined by
19 the Department in accordance with its findings in a survey of
20 professional pharmacy dispensing fees conducted at least
21 every 12 months. For the purpose of this Act, AWP shall be
22 determined from the latest publication of the Blue Book, a
23 universally subscribed pharmacist reference guide annually
24 published by the Hearst Corporation. AWP may also be derived
25 electronically from the drug pricing database synonymous with
26 the latest publication of the Blue Book and furnished in the
27 National Drug Data File (NDDF) by First Data Bank (FDB), a
28 service of the Hearst Corporation. The elements of such fees
29 and methodology of such survey shall be promulgated as an
30 administrative rule. Effective July 1, 1986, the
31 professional dispensing fee shall be $3.60 per prescription
32 and such amount shall be adjusted on July 1st of each year
33 thereafter in accordance with a survey of professional
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1 pharmacy dispensing fees. The Department may establish
2 maximum acquisition costs from time to time based upon
3 information as to the cost at which covered products may be
4 readily acquired by authorized pharmacies. In no case shall
5 the reasonable cost of any given pharmacy exceed the price
6 normally charged to the general public by that pharmacy. In
7 the event that generic equivalents for covered prescription
8 drugs are available at lower cost, the Department shall
9 establish the maximum acquisition costs for such covered
10 prescription drugs at the lower generic cost unless, pursuant
11 to the conditions described in subsection (f) of Section 4, a
12 non-generic drug may be substituted.
13 (Source: P.A. 87-14; 88-676, eff. 12-14-94.)
14 (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
15 Sec. 4. Amount of Grant.
16 (a) In general. Any individual 65 years or older or any
17 individual who will become 65 years old during the calendar
18 year in which a claim is filed, and any surviving spouse of
19 such a claimant, who at the time of death received or was
20 entitled to receive a grant pursuant to this Section, 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 a grant pursuant to this Section, and
25 any disabled person whose annual household income is less
26 than $14,000 for grant years before the 1998 grant year, and
27 less than $16,000 for the 1998 and 1999 grant years, and less
28 than (i) $21,218 for a household containing one person, (ii)
29 $28,480 for a household containing 2 persons, or (iii)
30 $35,740 for a household containing 3 or more persons for the
31 2000 grant year and thereafter and whose household is liable
32 for payment of property taxes accrued or has paid rent
33 constituting property taxes accrued and is domiciled in this
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1 State at the time he files his claim is entitled to claim a
2 grant under this Act. With respect to claims filed by
3 individuals who will become 65 years old during the calendar
4 year in which a claim is filed, the amount of any grant to
5 which that household is entitled shall be an amount equal to
6 1/12 of the amount to which the claimant would otherwise be
7 entitled as provided in this Section, multiplied by the
8 number of months in which the claimant was 65 in the calendar
9 year in which the claim is filed.
10 (b) Limitation. Except as otherwise provided in
11 subsections (a) and (f) of this Section, the maximum amount
12 of grant which a claimant is entitled to claim is the amount
13 by which the property taxes accrued which were paid or
14 payable during the last preceding tax year or rent
15 constituting property taxes accrued upon the claimant's
16 residence for the last preceding taxable year exceeds 3 1/2%
17 of the claimant's household income for that year but in no
18 event is the grant to exceed (i) $700 less 4.5% of household
19 income for that year for those with a household income of
20 $14,000 or less or (ii) $70 if household income for that year
21 is more than $14,000 but less than $16,000.
22 (c) Public aid recipients. If household income in one
23 or more months during a year includes cash assistance in
24 excess of $55 per month from the Department of Public Aid or
25 the Department of Human Services (acting as successor to the
26 Department of Public Aid under the Department of Human
27 Services Act) which was determined under regulations of that
28 Department on a measure of need that included an allowance
29 for actual rent or property taxes paid by the recipient of
30 that assistance, the amount of grant to which that household
31 is entitled, except as otherwise provided in subsection (a),
32 shall be the product of (1) the maximum amount computed as
33 specified in subsection (b) of this Section and (2) the ratio
34 of the number of months in which household income did not
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1 include such cash assistance over $55 to the number twelve.
2 If household income did not include such cash assistance over
3 $55 for any months during the year, the amount of the grant
4 to which the household is entitled shall be the maximum
5 amount computed as specified in subsection (b) of this
6 Section. For purposes of this paragraph (c), "cash
7 assistance" does not include any amount received under the
8 federal Supplemental Security Income (SSI) program.
9 (d) Joint ownership. If title to the residence is held
10 jointly by the claimant with a person who is not a member of
11 his household, the amount of property taxes accrued used in
12 computing the amount of grant to which he is entitled shall
13 be the same percentage of property taxes accrued as is the
14 percentage of ownership held by the claimant in the
15 residence.
16 (e) More than one residence. If a claimant has occupied
17 more than one residence in the taxable year, he may claim
18 only one residence for any part of a month. In the case of
19 property taxes accrued, he shall pro rate 1/12 of the total
20 property taxes accrued on his residence to each month that he
21 owned and occupied that residence; and, in the case of rent
22 constituting property taxes accrued, shall pro rate each
23 month's rent payments to the residence actually occupied
24 during that month.
25 (f) There is hereby established a program of
26 pharmaceutical assistance to the aged and disabled which
27 shall be administered by the Department in accordance with
28 this Act, to consist of payments to authorized pharmacies, on
29 behalf of beneficiaries of the program, for the reasonable
30 costs of covered prescription drugs. Each beneficiary who
31 pays $5 $40 for an identification card shall pay no
32 additional the first $15 of prescription costs each month.
33 Each beneficiary who pays $25 $80 for an identification card
34 shall pay the first $3 per $25 of prescription costs each
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1 month. In addition, after a beneficiary receives $2,000 $800
2 in benefits during a State fiscal year, that beneficiary
3 shall also be charged 20% of the cost of each prescription
4 for which payments are made by the program during the
5 remainder of the fiscal year. To become a beneficiary under
6 this program a person must be: (1) (i) 65 years or older, or
7 (ii) the surviving spouse of such a claimant, who at the time
8 of death received or was entitled to receive benefits
9 pursuant to this subsection, which surviving spouse will
10 become 65 years of age within the 24 months immediately
11 following the death of such claimant and which surviving
12 spouse but for his or her age is otherwise qualified to
13 receive benefits pursuant to this subsection, or (iii)
14 disabled, and (2) is domiciled in this State at the time he
15 files his or her claim, and (3) has a maximum household
16 income of less than $14,000 for grant years before the 1998
17 grant year, and less than $16,000 for the 1998 and 1999 grant
18 years, and less than (i) $21,218 for a household containing
19 one person, (ii) $28,480 for a household containing 2
20 persons, or (iii) $35,740 for a household containing 3 more
21 persons for the 2000 grant year and thereafter. In addition,
22 each eligible person must (1) obtain an identification card
23 from the Department, (2) at the time the card is obtained,
24 sign a statement assigning to the State of Illinois benefits
25 which may be otherwise claimed under any private insurance
26 plans, (3) present the identification card to the dispensing
27 pharmacist.
28 Whenever a generic equivalent for a covered prescription
29 drug is available, the Department shall reimburse only for
30 the reasonable costs of the generic equivalent, less the
31 co-pay established in this Section, unless (i) the covered
32 prescription drug contains one or more ingredients defined as
33 a narrow therapeutic index drug at 21 CFR 320.33, (ii) the
34 prescriber indicates on the face of the prescription "brand
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1 medically necessary", and (iii) the prescriber specifies that
2 a substitution is not permitted. When issuing an oral
3 prescription for covered prescription medication described in
4 item (i) of this paragraph, the prescriber shall stipulate
5 "brand medically necessary" and that a substitution is not
6 permitted. If the covered prescription drug and its
7 authorizing prescription do not meet the criteria listed
8 above, the beneficiary may purchase the non-generic
9 equivalent of the covered prescription drug by paying the
10 difference between the generic cost and the non-generic cost
11 plus the beneficiary co-pay.
12 Any person otherwise eligible for pharmaceutical
13 assistance under this Act whose covered drugs are covered by
14 any public program for assistance in purchasing any covered
15 prescription drugs shall be ineligible for assistance under
16 this Act to the extent such costs are covered by such other
17 plan.
18 The fee to be charged by the Department for the
19 identification card shall be equal to $5 $40 for persons
20 below the official poverty line as defined by the United
21 States Department of Health and Human Services and $25 $80
22 for all other persons.
23 In the event that 2 or more persons are eligible for any
24 benefit under this Act, and are members of the same
25 household, (1) each such person shall be entitled to
26 participate in the pharmaceutical assistance program,
27 provided that he or she meets all other requirements imposed
28 by this subsection and (2) each participating household
29 member contributes the fee required for that person by the
30 preceding paragraph for the purpose of obtaining an
31 identification card. Persons eligible for any benefit under
32 this Act due to become 65 in calendar year 1984 or any
33 subsequent calendar year in which a claim is filed are
34 excluded from the benefit prescribed in this subsection (f)
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1 for the calendar year in which they become 65.
2 (Source: P.A. 90-650, eff. 7-27-98; 91-357, eff. 7-29-99.)
3 (320 ILCS 25/5) (from Ch. 67 1/2, par. 405)
4 Sec. 5. Procedure.
5 (a) In general. Claims must be filed after January 1,
6 on forms prescribed by the Department. No claim may be filed
7 more than one year after December 31 of the year for which
8 the claim is filed except that claims for 1976 may be filed
9 until December 31, 1978. The pharmaceutical assistance
10 identification card provided for in subsection (f) of Section
11 4 shall be valid for a period not to exceed one year.
12 (b) Claim is Personal. The right to file a claim under
13 this Act shall be personal to the claimant and shall not
14 survive his death, but such right may be exercised on behalf
15 of a claimant by his legal guardian or attorney-in-fact. If
16 a claimant dies after having filed a timely claim, the amount
17 thereof shall be disbursed to his surviving spouse or, if no
18 spouse survives, to his surviving dependent minor children in
19 equal parts, provided the spouse or child, as the case may
20 be, resided with the claimant at the time he filed his claim.
21 If at the time of disbursement neither the claimant nor his
22 spouse is surviving, and no dependent minor children of the
23 claimant are surviving the amount of the claim shall escheat
24 to the State.
25 (c) One claim per household. Only one member of a
26 household may file a claim under this Act in any calendar
27 year; where both members of a household are otherwise
28 entitled to claim a grant under this Act, they must agree as
29 to which of them will file a claim for that year.
30 (d) Content of application form. The form prescribed by
31 the Department for purposes of paragraph (a) shall include a
32 table, appropriately keyed to the parts of the form on which
33 the claimant is required to furnish information, which will
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1 enable the claimant to determine readily the approximate
2 amount of grant to which he is entitled by relating levels of
3 household income to property taxes accrued or rent
4 constituting property taxes accrued.
5 (e) Pharmaceutical Assistance Procedures. The
6 Department shall establish the form and manner for
7 application, and establish by January 1, 1986 a procedure to
8 enable persons to apply for the additional grant or for the
9 pharmaceutical assistance identification card on the same
10 application form. The Department shall determine eligibility
11 for pharmaceutical assistance using the applicant's current
12 income. The Department shall determine a person's current
13 income in the manner provided by the Department by rule.
14 (Source: P.A. 91-533, eff. 8-13-99.)
15 Section 90. The State Mandates Act is amended by adding
16 Section 8.24 as follows:
17 (30 ILCS 805/8.24 new)
18 Sec. 8.24. Exempt mandate. Notwithstanding Sections 6
19 and 8 of this Act, no reimbursement by the State is required
20 for the implementation of any mandate created by this
21 amendatory Act of the 91st General Assembly.
22 Section 99. Effective date. This Act takes effect on
23 July 1, 2000, except that Sections 5, 15, and 90 take effect
24 January 1, 2001.".