State of Illinois
91st General Assembly
Legislation

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91_HB0025

 
                                               LRB9100373DHpk

 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, 2000, any prescription
16    drug used  in  the  treatment  of  Parkinson's  disease;  (5)
17    beginning  January 1, 2000, any prescription drug used in the
18    treatment of Alzheimer's disease; and (6)  beginning  January
19    1,  2000,  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 grant year, and less than
 9    $25,000 for the 1999 grant  year  and  thereafter  and  whose
10    household  is liable for payment of property taxes accrued or
11    has paid rent constituting  property  taxes  accrued  and  is
12    domiciled  in  this  State  at the time he files his claim is
13    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 $25,000 (less than $16,000
34    in grant year 1998).
 
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 1        (c)  Public aid recipients.  If household income  in  one
 2    or  more  months  during  a  year includes cash assistance in
 3    excess of $55 per month from the Department of Public Aid  or
 4    the  Department of Human Services (acting as successor to the
 5    Department of  Public  Aid  under  the  Department  of  Human
 6    Services Act)  which was determined under regulations of that
 7    Department  on  a  measure of need that included an allowance
 8    for actual rent or property taxes paid by  the  recipient  of
 9    that  assistance, the amount of grant to which that household
10    is entitled, except as otherwise provided in subsection  (a),
11    shall  be  the  product of (1) the maximum amount computed as
12    specified in subsection (b) of this Section and (2) the ratio
13    of the number of months in which  household  income  did  not
14    include  such  cash assistance over $55 to the number twelve.
15    If household income did not include such cash assistance over
16    $55 for any months during the year, the amount of  the  grant
17    to  which  the  household  is  entitled  shall be the maximum
18    amount computed  as  specified  in  subsection  (b)  of  this
19    Section.    For   purposes   of  this  paragraph  (c),  "cash
20    assistance" does not include any amount  received  under  the
21    federal Supplemental Security Income (SSI) program.
22        (d)  Joint  ownership.  If title to the residence is held
23    jointly by the claimant with a person who is not a member  of
24    his  household,  the amount of property taxes accrued used in
25    computing the amount of grant to which he is  entitled  shall
26    be  the  same  percentage of property taxes accrued as is the
27    percentage  of  ownership  held  by  the  claimant   in   the
28    residence.
29        (e)  More than one residence.  If a claimant has occupied
30    more  than  one  residence  in the taxable year, he may claim
31    only one residence for any part of a month.  In the  case  of
32    property  taxes  accrued, he shall pro rate 1/12 of the total
33    property taxes accrued on his residence to each month that he
34    owned and occupied that residence; and, in the case  of  rent
 
                            -4-                LRB9100373DHpk
 1    constituting  property  taxes  accrued,  shall  pro rate each
 2    month's rent payments  to  the  residence  actually  occupied
 3    during that month.
 4        (f)  There   is   hereby   established   a   program   of
 5    pharmaceutical  assistance  to  the  aged  and disabled which
 6    shall be administered by the Department  in  accordance  with
 7    this Act, to consist of payments to authorized pharmacies, on
 8    behalf  of  beneficiaries  of the program, for the reasonable
 9    costs of covered prescription drugs.   Each  beneficiary  who
10    pays  $40  for an identification card shall pay the first $15
11    of prescription costs each month.  Each beneficiary who  pays
12    $80  for  an  identification  card shall pay the first $25 of
13    prescription  costs  each  month.   In  addition,   after   a
14    beneficiary  receives  $800 in benefits during a State fiscal
15    year, that beneficiary shall also be charged 20% of the  cost
16    of  each  prescription  for  which  payments  are made by the
17    program during the remainder of the fiscal year.  To become a
18    beneficiary under this program a person must be: (1)  (i)  65
19    years  or  older,  or  (ii)  the  surviving  spouse of such a
20    claimant, who at the time of death received or  was  entitled
21    to  receive  benefits  pursuant  to  this  subsection,  which
22    surviving  spouse  will  become 65 years of age within the 24
23    months immediately following the death of such  claimant  and
24    which  surviving  spouse  but for his or her age is otherwise
25    qualified to receive benefits pursuant to this subsection, or
26    (iii) disabled, and (2) is domiciled in  this  State  at  the
27    time  he  files  his  or  her  claim,  and  (3) has a maximum
28    household income of less than $14,000 for grant years  before
29    the 1998 grant year, and less than $16,000 for the 1998 grant
30    year,  and  less  than  $25,000  for  the 1999 grant year and
31    thereafter. In addition, each eligible person must (1) obtain
32    an identification card from the Department, (2) at  the  time
33    the card is obtained, sign a statement assigning to the State
34    of Illinois benefits which may be otherwise claimed under any
 
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 1    private  insurance plans, (3) present the identification card
 2    to the dispensing pharmacist.
 3        Any  person   otherwise   eligible   for   pharmaceutical
 4    assistance  under this Act whose covered drugs are covered by
 5    any public program for assistance in purchasing  any  covered
 6    prescription  drugs  shall be ineligible for assistance under
 7    this Act to the extent such costs are covered by  such  other
 8    plan.
 9        The   fee  to  be  charged  by  the  Department  for  the
10    identification card shall be equal to $40 for  persons  below
11    the  official  poverty  line  as defined by the United States
12    Department of Health and Human Services and $80 for all other
13    persons.
14        In the event that 2 or more persons are eligible for  any
15    benefit   under  this  Act,  and  are  members  of  the  same
16    household,  (1)  each  such  person  shall  be  entitled   to
17    participate   in   the   pharmaceutical  assistance  program,
18    provided that he or she meets all other requirements  imposed
19    by  this  subsection  and  (2)  each  participating household
20    member contributes the fee required for that  person  by  the
21    preceding   paragraph   for   the  purpose  of  obtaining  an
22    identification card.  Persons eligible for any benefit  under
23    this  Act  due  to  become  65  in  calendar year 1984 or any
24    subsequent calendar year  in  which  a  claim  is  filed  are
25    excluded  from  the benefit prescribed in this subsection (f)
26    (g) for the calendar year in which they become 65.
27    (Source: P.A. 89-507,  eff.  7-1-97;  90-650,  eff.  7-27-98;
28    revised 11-18-98.)

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