[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
92_HB0675 LRB9204321SMdvB 1 AN ACT concerning senior citizens and disabled persons. 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 Sections 3.15 and 4 as follows: 7 (320 ILCS 25/3.15) (from Ch. 67 1/2, par. 403.15) 8 Sec. 3.15. "Covered prescription drug" means (1) any 9 cardiovascular agent or drug; (2) any insulin or other 10 prescription drug used in the treatment of diabetes, 11 including syringe and needles used to administer the insulin; 12 (3) any prescription drug used in the treatment of arthritis, 13 (4) beginning on January 1, 2001, any prescription drug used 14 in the treatment of cancer, (5) beginning on January 1, 2001, 15 any prescription drug used in the treatment of Alzheimer's 16 disease, (6) beginning on January 1, 2001, any prescription 17 drug used in the treatment of Parkinson's disease, (7) 18 beginning on January 1, 2001, any prescription drug used in 19 the treatment of glaucoma,
and(8) beginning on January 1, 20 2001, any prescription drug used in the treatment of lung 21 disease and smoking related illnesses, (9) beginning on 22 January 1, 2002, any prescription drug used in the treatment 23 of osteoporosis, (10) beginning on January 1, 2002, any 24 prescription drug used in the treatment of clinical 25 depression, (11) beginning on January 1, 2002, any 26 prescription drug used in the treatment of multiple 27 sclerosis, (12) beginning on January 1, 2002, any 28 prescription drug used in the treatment of bi-polar disorder, 29 (13) beginning on January 1, 2002, any prescription drug used 30 in the treatment of schizophrenia, (14) beginning on January 31 1, 2002, any prescription drug used in the treatment of -2- LRB9204321SMdvB 1 lupus, (15) beginning on January 1, 2002, any prescription 2 drug used in the treatment of amyotrophic lateral sclerosis 3 (ALS), and (16) beginning on January 1, 2002, any 4 prescription drug used in the treatment of gastrointestinal 5 disease. The specific agents or products to be included 6 under such categories shall be listed in a handbook to be 7 prepared and distributed by the Department. The general 8 types of covered prescription drugs shall be indicated by 9 rule. The Department of Public Health shall promulgate a list 10 of covered prescription drugs under this program that meet 11 the definition of a narrow therapeutic index drug as 12 described in subsection (f) of Section 4. 13 (Source: P.A. 91-699, eff. 1-1-01.) 14 (320 ILCS 25/4) (from Ch. 67 1/2, par. 404) 15 Sec. 4. Amount of grant or assistance. 16 (a) In general. 17 (1) Age or disability requirement. Any (A) 18 individual (i) 65 years old or older before 2002, (ii) 55 19 years old or older in 2002 or thereafter, (iii) or any20 individualwho will become 65 years old during the 21 calendar year in which a claim is filed (if filed before 22 2002), or (iv) who will become 55 years old during the 23 calendar year in which a claim is filed (if filed in 2002 24 or thereafter), (B) and anysurviving spouse of such a 25 claimant, who at the time of death received or was 26 entitled to receive a grant pursuant to this Section, if 27 (i) the whichsurviving spouse will become 65 years old 28 of agewithin the 24 months immediately following the 29 death of such claimant (if the claimant dies before 2002) 30 or will become 55 years old or older within the 24 months 31 immediately following the death of such claimant (if the 32 claimant dies in 2002 or thereafter) and (ii) the which33 surviving spouse but for his or her age is otherwise -3- LRB9204321SMdvB 1 qualified to receive a grant pursuant to this Section, 2 and (C) anydisabled person meets the age or disability 3 requirement. 4 (2) Household income requirement. Any such 5 individual, surviving spouse, or disabled person whose 6 annual household income is less than $14,000 for grant 7 years before the 1998 grant year, less than $16,000 for 8 the 1998 and 1999 grant years, andless than (i) $21,218 9 for a household containing one person, (ii) $28,480 for a 10 household containing 2 persons, or (iii) $35,740 for a 11 household containing 3 or more persons for the 2000 grant 12 year, and less than (i) 28,000 for a household containing 13 one person, (ii) $36,000 for a household containing 2 14 persons, or (iii) $42,000 for a household containing 3 or 15 more persons for the 2001 grant year and thereafter meets 16 the household income requirement. 17 (3) Property tax liability requirement. Any such 18 individual, surviving spouse, or disabled person and19 whose household is liable for payment of property taxes 20 accrued or has paid rent constituting property taxes 21 accrued meets the property tax liability requirement. 22 (4) Domicile requirement. Any such individual, 23 surviving spouse, or disabled person who andis domiciled 24 in this State at the time he or she files a hisclaim 25 meets the domicile requirement. 26 (5) Claim of grant. Any such individual, surviving 27 spouse, or disabled person who meets the age or 28 disability requirement, the household income requirement, 29 the property tax liability requirement, and the domicile 30 requirement is entitled to claim a grant under this Act. 31 (6) Partial year eligibility. With respect to 32 claims filed by individuals who will become 65 years old 33 during the calendar year in which a claim is filed (if 34 filed before 2002) and with respect to claims filed by -4- LRB9204321SMdvB 1 individuals who will become 55 years old during the 2 calendar year in which a claim is filed (if filed in 2002 3 or thereafter), the amount of any grant to which that 4 household is entitled shall be an amount equal to 1/12 of 5 the amount to which the claimant would otherwise be 6 entitled as provided in this Section, multiplied by the 7 number of months in which the claimant was 65 in the 8 calendar year in which the claim is filed (if filed 9 before 2002) and multiplied by the number of months in 10 which the claimant was 55 in the calendar year in which 11 the claim is filed (if filed in 2002 or thereafter). 12 (b) Limitation. Except as otherwise provided in 13 subsections (a) and (f) of this Section, the maximum amount 14 of grant which a claimant is entitled to claim is the amount 15 by which the property taxes accrued which were paid or 16 payable during the last preceding tax year or rent 17 constituting property taxes accrued upon the claimant's 18 residence for the last preceding taxable year exceeds 3 1/2% 19 of the claimant's household income for that year but in no 20 event is the grant to exceed (i) $700 less 4.5% of household 21 income for that year for those with a household income of 22 $14,000 or less or (ii) $70 if household income for that year 23 is more than $14,000. 24 (c) Public aid recipients. If household income in one 25 or more months during a year includes cash assistance in 26 excess of $55 per month from the Department of Public Aid or 27 the Department of Human Services (acting as successor to the 28 Department of Public Aid under the Department of Human 29 Services Act) which was determined under regulations of that 30 Department on a measure of need that included an allowance 31 for actual rent or property taxes paid by the recipient of 32 that assistance, the amount of grant to which that household 33 is entitled, except as otherwise provided in subsection (a), 34 shall be the product of (1) the maximum amount computed as -5- LRB9204321SMdvB 1 specified in subsection (b) of this Section and (2) the ratio 2 of the number of months in which household income did not 3 include such cash assistance over $55 to the number twelve. 4 If household income did not include such cash assistance over 5 $55 for any months during the year, the amount of the grant 6 to which the household is entitled shall be the maximum 7 amount computed as specified in subsection (b) of this 8 Section. For purposes of this paragraph (c), "cash 9 assistance" does not include any amount received under the 10 federal Supplemental Security Income (SSI) program. 11 (d) Joint ownership. If title to the residence is held 12 jointly by the claimant with a person who is not a member of 13 his household, the amount of property taxes accrued used in 14 computing the amount of grant to which he is entitled shall 15 be the same percentage of property taxes accrued as is the 16 percentage of ownership held by the claimant in the 17 residence. 18 (e) More than one residence. If a claimant has occupied 19 more than one residence in the taxable year, he may claim 20 only one residence for any part of a month. In the case of 21 property taxes accrued, he shall pro rate 1/12 of the total 22 property taxes accrued on his residence to each month that he 23 owned and occupied that residence; and, in the case of rent 24 constituting property taxes accrued, shall pro rate each 25 month's rent payments to the residence actually occupied 26 during that month. 27 (f) There is hereby established a program of 28 pharmaceutical assistance to the aged and disabled which 29 shall be administered by the Department in accordance with 30 this Act, to consist of payments to authorized pharmacies, on 31 behalf of beneficiaries of the program, for the reasonable 32 costs of covered prescription drugs. Each beneficiary who 33 pays $5 for an identification card shall pay no additional 34 prescription costs. Each beneficiary who pays $25 for an -6- LRB9204321SMdvB 1 identification card shall pay $3 per prescription. In 2 addition, after a beneficiary receives $2,000 in benefits 3 during a State fiscal year, that beneficiary shall also be 4 charged 20% of the cost of each prescription for which 5 payments are made by the program during the remainder of the 6 fiscal year. To become a beneficiary under this program a 7 person must be: (1) must be (i) 65 years old or older before 8 2002 or 55 years old or older in 2002 or thereafter, or (ii) 9 the surviving spouse of such a claimant, who at the time of 10 death received or was entitled to receive benefits pursuant 11 to this subsection, if the whichsurviving spouse will become 12 65 years old of agewithin the 24 months immediately 13 following the death of such claimant (if the claimant dies 14 before 2002) or 55 years old or older within the 24 months 15 immediately following the death of such claimant (if the 16 claimant dies in 2002 or thereafter) and if the which17 surviving spouse but for his or her age is otherwise 18 qualified to receive benefits pursuant to this subsection, or 19 (iii) disabled, and (2) must be isdomiciled in this State at 20 the time he or she files his or her claim, and (3) must have 21 hasa maximum household income of less than $14,000 for grant 22 years before the 1998 grant year, less than $16,000 for the 23 1998 and 1999 grant years, andless than (i) $21,218 for a 24 household containing one person, (ii) $28,480 for a household 25 containing 2 persons, or (iii) $35,740 for a household 26 containing 3 more persons for the 2000 grant year, and less 27 than (i) 28,000 for a household containing one person, (ii) 28 $36,000 for a household containing 2 persons, or (iii) 29 $42,000 for a household containing 3 or more persons for the 30 2001 grant year and thereafter. In addition, each eligible 31 person must (1) obtain an identification card from the 32 Department, (2) at the time the card is obtained, sign a 33 statement assigning to the State of Illinois benefits which 34 may be otherwise claimed under any private insurance plans, -7- LRB9204321SMdvB 1 (3) present the identification card to the dispensing 2 pharmacist. 3 Whenever a generic equivalent for a covered prescription 4 drug is available, the Department shall reimburse only for 5 the reasonable costs of the generic equivalent, less the 6 co-pay established in this Section, unless (i) the covered 7 prescription drug contains one or more ingredients defined as 8 a narrow therapeutic index drug at 21 CFR 320.33, (ii) the 9 prescriber indicates on the face of the prescription "brand 10 medically necessary", and (iii) the prescriber specifies that 11 a substitution is not permitted. When issuing an oral 12 prescription for covered prescription medication described in 13 item (i) of this paragraph, the prescriber shall stipulate 14 "brand medically necessary" and that a substitution is not 15 permitted. If the covered prescription drug and its 16 authorizing prescription do not meet the criteria listed 17 above, the beneficiary may purchase the non-generic 18 equivalent of the covered prescription drug by paying the 19 difference between the generic cost and the non-generic cost 20 plus the beneficiary co-pay. 21 Any person otherwise eligible for pharmaceutical 22 assistance under this Act whose covered drugs are covered by 23 any public program for assistance in purchasing any covered 24 prescription drugs shall be ineligible for assistance under 25 this Act to the extent such costs are covered by such other 26 plan. 27 The fee to be charged by the Department for the 28 identification card shall be equal to $5 for persons below 29 the official poverty line as defined by the United States 30 Department of Health and Human Services and $25 for all other 31 persons. 32 In the event that 2 or more persons are eligible for any 33 benefit under this Act, and are members of the same 34 household, (1) each such person shall be entitled to -8- LRB9204321SMdvB 1 participate in the pharmaceutical assistance program, 2 provided that he or she meets all other requirements imposed 3 by this subsection and (2) each participating household 4 member contributes the fee required for that person by the 5 preceding paragraph for the purpose of obtaining an 6 identification card. 7 (Source: P.A. 90-650, eff. 7-27-98; 91-357, eff. 7-29-99; 8 91-699, eff. 1-1-01.) 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.
[ Top ]