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Public Act 92-0519
SB1493 Re-enrolled LRB9207067ACcdA
AN ACT in relation to senior citizens and disabled
persons.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act is
amended by changing Sections 3.07, 4, and 5 and by adding
Section 4.1 as follows:
(320 ILCS 25/3.07) (from Ch. 67 1/2, par. 403.07)
Sec. 3.07. "Income" means adjusted gross income,
properly reportable for federal income tax purposes under the
provisions of the Internal Revenue Code, modified by adding
thereto the sum of the following amounts to the extent
deducted or excluded from gross income in the computation of
adjusted gross income:
(A) An amount equal to all amounts paid or accrued
as interest or dividends during the taxable year;
(B) An amount equal to the amount of tax imposed by
the Illinois Income Tax Act paid for the taxable year;
(C) An amount equal to all amounts received during
the taxable year as an annuity under an annuity,
endowment or life insurance contract or under any other
contract or agreement;
(D) An amount equal to the amount of benefits paid
under the Federal Social Security Act during the taxable
year;
(E) An amount equal to the amount of benefits paid
under the Railroad Retirement Act during the taxable
year;
(F) An amount equal to the total amount of cash
public assistance payments received from any governmental
agency during the taxable year other than benefits
received pursuant to this Act;
(G) An amount equal to any net operating loss
carryover deduction or capital loss carryover deduction
during the taxable year;
(H) For claim years beginning on or after January
1, 2002, an amount equal to any benefits received under
the Workers' Compensation Act or the Workers'
Occupational Diseases Act during the taxable year.
"Income" does not include any grant assistance received
under the Nursing Home Grant 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.
This amendatory Act of 1987 shall be effective for
purposes of this Section for tax years ending on or after
December 31, 1987.
(Source: P.A. 90-491, eff. 1-1-98; 91-676, eff. 12-23-99.)
(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, 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.
(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 for an identification card shall pay no additional
prescription costs. Each beneficiary who pays $25 for an
identification card shall pay $3 per prescription. In
addition, after a beneficiary receives $2,000 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, 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 per coverage year
for persons below the official poverty line as defined by the
United States Department of Health and Human Services and $25
per coverage year 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.
(Source: P.A. 90-650, eff. 7-27-98; 91-357, eff. 7-29-99;
91-699, eff. 1-1-01.)
(320 ILCS 25/4.1 new)
Sec. 4.1. Information to the Department.
Notwithstanding any other law to the contrary, entities
subject to the Illinois Insurance Code, Comprehensive Health
Insurance Plan Act, Dental Service Plan Act, Children's
Health Insurance Program Act, Health Care Purchasing Group
Act, Health Maintenance Organization Act, Limited Health
Service Organization Act, Voluntary Health Services Plans
Act, and the Workers' Compensation Act, including, but not
limited to, insurers, health maintenance organizations,
pharmacy benefit managers, third party administrators,
fraternal benefit societies, group-funded workers'
compensation pools, municipal group-funded pools, self-funded
or self-insured welfare or benefit plans or programs, and any
other entities that provide health coverage through an
employer, union, trade association or other organization or
source, or any other entities, must provide information to
the Department, or its designee, that is necessary to carry
out the purposes of this Act, including, but not limited to,
the name, social security number, address, date of birth, and
coverage of their policyholders, their subscribers, or the
beneficiaries of their plans, benefits, or services who
participate in the programs under this Act. The provision of
this information to the Department or its designee is subject
to the confidentiality provisions in Section 8a of this Act.
(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. On and
after January 1, 2002, however, to enable the Department to
convert coverage for a pharmaceutical assistance program
participant to a State fiscal year basis, a card shall be
valid for a longer or shorter period than 12 months,
depending on the date a timely claim is filed and as
determined by the Department. All applicants for benefits
under this program approved for benefits on or after July 1
but on or before December 31 of any State fiscal year are
eligible for benefits through June 30 of that State fiscal
year. All applicants for benefits under this program
approved for benefits on or after January 1 but on or before
June 30 of any State fiscal year are eligible for benefits
through June 30 of the following State fiscal 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; 91-699, eff. 1-1-01.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 30, 2001.
Governor Amendatory Veto August 23, 2001.
General Assembly Accepts Amendatory Veto November 27, 2001.
Returned to Governor for Certification December 07, 2001.
Governor Certifies Changes January 01, 2002.
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