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Public Act 91-0699
HB3872 Enrolled LRB9112049SMdv
AN ACT in relation to citizen benefits.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by changing
Section 20-15 as follows:
(35 ILCS 200/20-15)
Sec. 20-15. Information on bill or separate statement.
There shall be printed on each bill, or on a separate slip
which shall be mailed with the bill:
(a) a statement itemizing the rate at which taxes
have been extended for each of the taxing districts in
the county in whose district the property is located, and
in those counties utilizing electronic data processing
equipment the dollar amount of tax due from the person
assessed allocable to each of those taxing districts,
including a separate statement of the dollar amount of
tax due which is allocable to a tax levied under the
Illinois Local Library Act or to any other tax levied by
a municipality or township for public library purposes,
(b) a separate statement for each of the taxing
districts of the dollar amount of tax due which is
allocable to a tax levied under the Illinois Pension Code
or to any other tax levied by a municipality or township
for public pension or retirement purposes,
(c) the total tax rate,
(d) the total amount of tax due, and
(e) the amount by which the total tax and the tax
allocable to each taxing district differs from the
taxpayer's last prior tax bill.
The county treasurer shall ensure that only those taxing
districts in which a parcel of property is located shall be
listed on the bill for that property.
In all counties the statement shall also provide:
(1) the property index number or other suitable
description,
(2) the assessment of the property,
(3) the equalization factors imposed by the county
and by the Department, and
(4) the equalized assessment resulting from the
application of the equalization factors to the basic
assessment.
In all counties which do not classify property for
purposes of taxation, for property on which a single family
residence is situated the statement shall also include a
statement to reflect the fair cash value determined for the
property. In all counties which classify property for
purposes of taxation in accordance with Section 4 of Article
IX of the Illinois Constitution, for parcels of residential
property in the lowest assessment classification the
statement shall also include a statement to reflect the fair
cash value determined for the property.
In all counties, the statement shall include information
that certain taxpayers may be eligible for the Senior
Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act and that applications are
available from the Illinois Department of Revenue.
In counties which use the estimated or accelerated
billing methods, these statements shall only be provided with
the final installment of taxes due. The provisions of this
Section create a mandatory statutory duty. They are not
merely directory or discretionary. The failure or neglect of
the collector to mail the bill, or the failure of the
taxpayer to receive the bill, shall not affect the validity
of any tax, or the liability for the payment of any tax.
(Source: P.A. 87-818; 88-455; incorporates 88-262; 88-670,
eff. 12-2-94.)
Section 10. The Illinois Public Aid Code is amended by
changing Section 5-2 as follows:
(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
Sec. 5-2. Classes of Persons Eligible. Medical
assistance under this Article shall be available to any of
the following classes of persons in respect to whom a plan
for coverage has been submitted to the Governor by the
Illinois Department and approved by him:
1. Recipients of basic maintenance grants under Articles
III and IV.
2. Persons otherwise eligible for basic maintenance
under Articles III and IV but who fail to qualify thereunder
on the basis of need, and who have insufficient income and
resources to meet the costs of necessary medical care,
including but not limited to the following:,
(a) All persons otherwise eligible for basic maintenance
under Article III but who fail to qualify under that Article
on the basis of need and who meet either of the following
requirements:
(i) their income, as determined by the
Illinois Department in accordance with any federal
requirements, is equal to or less than 70% in fiscal
year 2001, equal to or less than 85% in fiscal year
2002, and equal to or less than 100% in fiscal year
2003 and thereafter of the nonfarm income official
poverty line, as defined by the federal Office of
Management and Budget and revised annually in
accordance with Section 673(2) of the Omnibus Budget
Reconciliation Act of 1981, applicable to families
of the same size; or
(ii) their income, after the deduction of
costs incurred for medical care and for other types
of remedial care, is equal to or less than 70% in
fiscal year 2001, equal to or less than 85% in
fiscal year 2002, and equal to or less than 100% in
fiscal year 2003 and thereafter of the nonfarm
income official poverty line, as defined in item (i)
of this subparagraph (a).
(b) All persons who would be determined eligible for
such basic maintenance under Article IV by disregarding the
maximum earned income permitted by federal law.
3. Persons who would otherwise qualify for Aid to the
Medically Indigent under Article VII.
4. Persons not eligible under any of the preceding
paragraphs who fall sick, are injured, or die, not having
sufficient money, property or other resources to meet the
costs of necessary medical care or funeral and burial
expenses.
5. (a) Women during pregnancy, after the fact of
pregnancy has been determined by medical diagnosis, and
during the 60-day period beginning on the last day of the
pregnancy, together with their infants and children born
after September 30, 1983, whose income and resources are
insufficient to meet the costs of necessary medical care
to the maximum extent possible under Title XIX of the
Federal Social Security Act.
(b) The Illinois Department and the Governor shall
provide a plan for coverage of the persons eligible under
paragraph 5(a) by April 1, 1990. Such plan shall provide
ambulatory prenatal care to pregnant women during a
presumptive eligibility period and establish an income
eligibility standard that is equal to 133% of the nonfarm
income official poverty line, as defined by the federal
Office of Management and Budget and revised annually in
accordance with Section 673(2) of the Omnibus Budget
Reconciliation Act of 1981, applicable to families of the
same size, provided that costs incurred for medical care
are not taken into account in determining such income
eligibility.
(c) The Illinois Department may conduct a
demonstration in at least one county that will provide
medical assistance to pregnant women, together with their
infants and children up to one year of age, where the
income eligibility standard is set up to 185% of the
nonfarm income official poverty line, as defined by the
federal Office of Management and Budget. The Illinois
Department shall seek and obtain necessary authorization
provided under federal law to implement such a
demonstration. Such demonstration may establish resource
standards that are not more restrictive than those
established under Article IV of this Code.
6. Persons under the age of 18 who fail to qualify as
dependent under Article IV and who have insufficient income
and resources to meet the costs of necessary medical care to
the maximum extent permitted under Title XIX of the Federal
Social Security Act.
7. Persons who are 18 years of age or younger and would
qualify as disabled as defined under the Federal Supplemental
Security Income Program, provided medical service for such
persons would be eligible for Federal Financial
Participation, and provided the Illinois Department
determines that:
(a) the person requires a level of care provided by
a hospital, skilled nursing facility, or intermediate
care facility, as determined by a physician licensed to
practice medicine in all its branches;
(b) it is appropriate to provide such care outside
of an institution, as determined by a physician licensed
to practice medicine in all its branches;
(c) the estimated amount which would be expended
for care outside the institution is not greater than the
estimated amount which would be expended in an
institution.
8. Persons who become ineligible for basic maintenance
assistance under Article IV of this Code in programs
administered by the Illinois Department due to employment
earnings and persons in assistance units comprised of adults
and children who become ineligible for basic maintenance
assistance under Article VI of this Code due to employment
earnings. The plan for coverage for this class of persons
shall:
(a) extend the medical assistance coverage for up
to 12 months following termination of basic maintenance
assistance; and
(b) offer persons who have initially received 6
months of the coverage provided in paragraph (a) above,
the option of receiving an additional 6 months of
coverage, subject to the following:
(i) such coverage shall be pursuant to
provisions of the federal Social Security Act;
(ii) such coverage shall include all services
covered while the person was eligible for basic
maintenance assistance;
(iii) no premium shall be charged for such
coverage; and
(iv) such coverage shall be suspended in the
event of a person's failure without good cause to
file in a timely fashion reports required for this
coverage under the Social Security Act and coverage
shall be reinstated upon the filing of such reports
if the person remains otherwise eligible.
9. Persons with acquired immunodeficiency syndrome
(AIDS) or with AIDS-related conditions with respect to whom
there has been a determination that but for home or
community-based services such individuals would require the
level of care provided in an inpatient hospital, skilled
nursing facility or intermediate care facility the cost of
which is reimbursed under this Article. Assistance shall be
provided to such persons to the maximum extent permitted
under Title XIX of the Federal Social Security Act.
10. Participants in the long-term care insurance
partnership program established under the Partnership for
Long-Term Care Act who meet the qualifications for protection
of resources described in Section 25 of that Act.
The Illinois Department and the Governor shall provide a
plan for coverage of the persons eligible under paragraph 7
as soon as possible after July 1, 1984.
The eligibility of any such person for medical assistance
under this Article is not affected by the payment of any
grant under the Senior Citizens and Disabled Persons Property
Tax Relief and Pharmaceutical Assistance Act or any
distributions or items of income described under subparagraph
(X) of paragraph (2) of subsection (a) of Section 203 of the
Illinois Income Tax Act. The Department shall by rule
establish the amounts of assets to be disregarded in
determining eligibility for medical assistance, which shall
at a minimum equal the amounts to be disregarded under the
Federal Supplemental Security Income Program. The amount of
assets of a single person to be disregarded shall not be less
than $2,000, and the amount of assets of a married couple to
be disregarded shall not be less than $3,000.
To the extent permitted under federal law, any person
found guilty of a second violation of Article VIIIA shall be
ineligible for medical assistance under this Article, as
provided in Section 8A-8.
The eligibility of any person for medical assistance
under this Article shall not be affected by the receipt by
the person of donations or benefits from fundraisers held for
the person in cases of serious illness, as long as neither
the person nor members of the person's family have actual
control over the donations or benefits or the disbursement of
the donations or benefits.
(Source: P.A. 91-676, eff. 12-23-99.)
Section 15. The Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act is
amended by changing Sections 3.15, 3.16, 4, and 5 as follows:
(320 ILCS 25/3.15) (from Ch. 67 1/2, par. 403.15)
Sec. 3.15. "Covered prescription drug" means (1) any
cardiovascular agent or drug; (2) any insulin or other
prescription drug used in the treatment of diabetes,
including syringe and needles used to administer the insulin;
and (3) any prescription drug used in the treatment of
arthritis, (4) beginning on January 1, 2001, any prescription
drug used in the treatment of cancer, (5) beginning on
January 1, 2001, any prescription drug used in the treatment
of Alzheimer's disease, (6) beginning on January 1, 2001, any
prescription drug used in the treatment of Parkinson's
disease, (7) beginning on January 1, 2001, any prescription
drug used in the treatment of glaucoma, and (8) beginning on
January 1, 2001, any prescription drug used in the treatment
of lung disease and smoking related illnesses. The specific
agents or products to be included under such categories shall
be listed in a handbook to be prepared and distributed by
the Department. The general types of covered prescription
drugs shall be indicated by rule. The Department of Public
Health shall promulgate a list of covered prescription drugs
under this program that meet the definition of a narrow
therapeutic index drug as described in subsection (f) of
Section 4.
(Source: P.A. 85-1176.)
(320 ILCS 25/3.16) (from Ch. 67 1/2, par. 403.16)
Sec. 3.16. "Reasonable cost" means Average Wholesale
Price (AWP) minus 10% for products provided by authorized
pharmacies plus a professional dispensing fee determined by
the Department in accordance with its findings in a survey of
professional pharmacy dispensing fees conducted at least
every 12 months. For the purpose of this Act, AWP shall be
determined from the latest publication of the Blue Book, a
universally subscribed pharmacist reference guide annually
published by the Hearst Corporation. AWP may also be derived
electronically from the drug pricing database synonymous with
the latest publication of the Blue Book and furnished in the
National Drug Data File (NDDF) by First Data Bank (FDB), a
service of the Hearst Corporation. The elements of such fees
and methodology of such survey shall be promulgated as an
administrative rule. Effective July 1, 1986, the
professional dispensing fee shall be $3.60 per prescription
and such amount shall be adjusted on July 1st of each year
thereafter in accordance with a survey of professional
pharmacy dispensing fees. The Department may establish
maximum acquisition costs from time to time based upon
information as to the cost at which covered products may be
readily acquired by authorized pharmacies. In no case shall
the reasonable cost of any given pharmacy exceed the price
normally charged to the general public by that pharmacy. In
the event that generic equivalents for covered prescription
drugs are available at lower cost, the Department shall
establish the maximum acquisition costs for such covered
prescription drugs at the lower generic cost unless, pursuant
to the conditions described in subsection (f) of Section 4, a
non-generic drug may be substituted.
(Source: P.A. 87-14; 88-676, eff. 12-14-94.)
(320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
Sec. 4. Amount of Grant.
(a) In general. Any individual 65 years or older or any
individual who will become 65 years old during the calendar
year in which a claim is filed, and any surviving spouse of
such a claimant, who at the time of death received or was
entitled to receive a grant pursuant to this Section, which
surviving spouse will become 65 years of age within the 24
months immediately following the death of such claimant and
which surviving spouse but for his or her age is otherwise
qualified to receive a grant pursuant to this Section, and
any disabled person whose annual household income is less
than $14,000 for grant years before the 1998 grant year, and
less than $16,000 for the 1998 and 1999 grant years, and less
than (i) $21,218 for a household containing one person, (ii)
$28,480 for a household containing 2 persons, or (iii)
$35,740 for a household containing 3 or more persons for the
2000 grant year and thereafter and whose household is liable
for payment of property taxes accrued or has paid rent
constituting property taxes accrued and is domiciled in this
State at the time he files his claim is entitled to claim a
grant under this Act. With respect to claims filed by
individuals who will become 65 years old during the calendar
year in which a claim is filed, the amount of any grant to
which that household is entitled shall be an amount equal to
1/12 of the amount to which the claimant would otherwise be
entitled as provided in this Section, multiplied by the
number of months in which the claimant was 65 in the calendar
year in which the claim is filed.
(b) Limitation. Except as otherwise provided in
subsections (a) and (f) of this Section, the maximum amount
of grant which a claimant is entitled to claim is the amount
by which the property taxes accrued which were paid or
payable during the last preceding tax year or rent
constituting property taxes accrued upon the claimant's
residence for the last preceding taxable year exceeds 3 1/2%
of the claimant's household income for that year but in no
event is the grant to exceed (i) $700 less 4.5% of household
income for that year for those with a household income of
$14,000 or less or (ii) $70 if household income for that year
is more than $14,000 but less than $16,000.
(c) Public aid recipients. If household income in one
or more months during a year includes cash assistance in
excess of $55 per month from the Department of Public Aid or
the Department of Human Services (acting as successor to the
Department of Public Aid under the Department of Human
Services Act) which was determined under regulations of that
Department on a measure of need that included an allowance
for actual rent or property taxes paid by the recipient of
that assistance, the amount of grant to which that household
is entitled, except as otherwise provided in subsection (a),
shall be the product of (1) the maximum amount computed as
specified in subsection (b) of this Section and (2) the ratio
of the number of months in which household income did not
include such cash assistance over $55 to the number twelve.
If household income did not include such cash assistance over
$55 for any months during the year, the amount of the grant
to which the household is entitled shall be the maximum
amount computed as specified in subsection (b) of this
Section. For purposes of this paragraph (c), "cash
assistance" does not include any amount received under the
federal Supplemental Security Income (SSI) program.
(d) Joint ownership. If title to the residence is held
jointly by the claimant with a person who is not a member of
his household, the amount of property taxes accrued used in
computing the amount of grant to which he is entitled shall
be the same percentage of property taxes accrued as is the
percentage of ownership held by the claimant in the
residence.
(e) More than one residence. If a claimant has occupied
more than one residence in the taxable year, he may claim
only one residence for any part of a month. In the case of
property taxes accrued, he shall pro rate 1/12 of the total
property taxes accrued on his residence to each month that he
owned and occupied that residence; and, in the case of rent
constituting property taxes accrued, shall pro rate each
month's rent payments to the residence actually occupied
during that month.
(f) There is hereby established a program of
pharmaceutical assistance to the aged and disabled which
shall be administered by the Department in accordance with
this Act, to consist of payments to authorized pharmacies, on
behalf of beneficiaries of the program, for the reasonable
costs of covered prescription drugs. Each beneficiary who
pays $5 $40 for an identification card shall pay no
additional the first $15 of prescription costs each month.
Each beneficiary who pays $25 $80 for an identification card
shall pay the first $3 per $25 of prescription costs each
month. In addition, after a beneficiary receives $2,000 $800
in benefits during a State fiscal year, that beneficiary
shall also be charged 20% of the cost of each prescription
for which payments are made by the program during the
remainder of the fiscal year. To become a beneficiary under
this program a person must be: (1) (i) 65 years or older, or
(ii) the surviving spouse of such a claimant, who at the time
of death received or was entitled to receive benefits
pursuant to this subsection, which surviving spouse will
become 65 years of age within the 24 months immediately
following the death of such claimant and which surviving
spouse but for his or her age is otherwise qualified to
receive benefits pursuant to this subsection, or (iii)
disabled, and (2) is domiciled in this State at the time he
files his or her claim, and (3) has a maximum household
income of less than $14,000 for grant years before the 1998
grant year, and less than $16,000 for the 1998 and 1999 grant
years, and less than (i) $21,218 for a household containing
one person, (ii) $28,480 for a household containing 2
persons, or (iii) $35,740 for a household containing 3 more
persons for the 2000 grant year and thereafter. In addition,
each eligible person must (1) obtain an identification card
from the Department, (2) at the time the card is obtained,
sign a statement assigning to the State of Illinois benefits
which may be otherwise claimed under any private insurance
plans, (3) present the identification card to the dispensing
pharmacist.
Whenever a generic equivalent for a covered prescription
drug is available, the Department shall reimburse only for
the reasonable costs of the generic equivalent, less the
co-pay established in this Section, unless (i) the covered
prescription drug contains one or more ingredients defined as
a narrow therapeutic index drug at 21 CFR 320.33, (ii) the
prescriber indicates on the face of the prescription "brand
medically necessary", and (iii) the prescriber specifies that
a substitution is not permitted. When issuing an oral
prescription for covered prescription medication described in
item (i) of this paragraph, the prescriber shall stipulate
"brand medically necessary" and that a substitution is not
permitted. If the covered prescription drug and its
authorizing prescription do not meet the criteria listed
above, the beneficiary may purchase the non-generic
equivalent of the covered prescription drug by paying the
difference between the generic cost and the non-generic cost
plus the beneficiary co-pay.
Any person otherwise eligible for pharmaceutical
assistance under this Act whose covered drugs are covered by
any public program for assistance in purchasing any covered
prescription drugs shall be ineligible for assistance under
this Act to the extent such costs are covered by such other
plan.
The fee to be charged by the Department for the
identification card shall be equal to $5 $40 for persons
below the official poverty line as defined by the United
States Department of Health and Human Services and $25 $80
for all other persons.
In the event that 2 or more persons are eligible for any
benefit under this Act, and are members of the same
household, (1) each such person shall be entitled to
participate in the pharmaceutical assistance program,
provided that he or she meets all other requirements imposed
by this subsection and (2) each participating household
member contributes the fee required for that person by the
preceding paragraph for the purpose of obtaining an
identification card. Persons eligible for any benefit under
this Act due to become 65 in calendar year 1984 or any
subsequent calendar year in which a claim is filed are
excluded from the benefit prescribed in this subsection (f)
for the calendar year in which they become 65.
(Source: P.A. 90-650, eff. 7-27-98; 91-357, eff. 7-29-99.)
(320 ILCS 25/5) (from Ch. 67 1/2, par. 405)
Sec. 5. Procedure.
(a) In general. Claims must be filed after January 1,
on forms prescribed by the Department. No claim may be filed
more than one year after December 31 of the year for which
the claim is filed except that claims for 1976 may be filed
until December 31, 1978. The pharmaceutical assistance
identification card provided for in subsection (f) of Section
4 shall be valid for a period not to exceed one year.
(b) Claim is Personal. The right to file a claim under
this Act shall be personal to the claimant and shall not
survive his death, but such right may be exercised on behalf
of a claimant by his legal guardian or attorney-in-fact. If
a claimant dies after having filed a timely claim, the amount
thereof shall be disbursed to his surviving spouse or, if no
spouse survives, to his surviving dependent minor children in
equal parts, provided the spouse or child, as the case may
be, resided with the claimant at the time he filed his claim.
If at the time of disbursement neither the claimant nor his
spouse is surviving, and no dependent minor children of the
claimant are surviving the amount of the claim shall escheat
to the State.
(c) One claim per household. Only one member of a
household may file a claim under this Act in any calendar
year; where both members of a household are otherwise
entitled to claim a grant under this Act, they must agree as
to which of them will file a claim for that year.
(d) Content of application form. The form prescribed by
the Department for purposes of paragraph (a) shall include a
table, appropriately keyed to the parts of the form on which
the claimant is required to furnish information, which will
enable the claimant to determine readily the approximate
amount of grant to which he is entitled by relating levels of
household income to property taxes accrued or rent
constituting property taxes accrued.
(e) Pharmaceutical Assistance Procedures. The
Department shall establish the form and manner for
application, and establish by January 1, 1986 a procedure to
enable persons to apply for the additional grant or for the
pharmaceutical assistance identification card on the same
application form. The Department shall determine eligibility
for pharmaceutical assistance using the applicant's current
income. The Department shall determine a person's current
income in the manner provided by the Department by rule.
(Source: P.A. 91-533, eff. 8-13-99.)
Section 90. The State Mandates Act is amended by adding
Section 8.24 as follows:
(30 ILCS 805/8.24 new)
Sec. 8.24. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for the implementation of any mandate created by this
amendatory Act of the 91st General Assembly.
Section 99. Effective date. This Act takes effect on
July 1, 2000, except that Sections 5, 15, and 90 take effect
January 1, 2001.
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