State of Illinois
91st General Assembly
Legislation

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91_HB2993ham001

 










                                           LRB9109298DJcdam02

 1                    AMENDMENT TO HOUSE BILL 2993

 2        AMENDMENT NO.     .  Amend House Bill 2993  by  replacing
 3    the  title with the following:
 4        "AN ACT in relation to senior citizens."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 1. Short title. This Act may  be  cited  as  the
 8    Tobacco Settlement Proceeds for Seniors' Health Care Act.

 9        Section  5.  Use of proceeds for seniors' health. Because
10    senior citizens age 60 and over comprise the population  most
11    seriously harmed by the effects of smoking, not less than 25%
12    of   the  amounts  distributed  by  the  State  from  tobacco
13    settlement proceeds  shall  be  dedicated  to  improving  the
14    health of senior citizens in Illinois.  These moneys shall be
15    used  to  expand  community-based services and other programs
16    for senior citizens throughout the State who suffer from  the
17    effects of smoking.  These services may include, but need not
18    be limited to, the following:
19             (1)  Home-delivered meals.
20             (2)  Transportation   to   and   from   health  care
21        services.
 
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 1             (3)  Home health services.
 2             (4)  In-home respite care.
 3             (5)  Pharmaceutical assistance.
 4             (6)  Smoking  cessation  campaigns  through   senior
 5        centers,     senior    nutrition   programs,   and   case
 6        coordination units.

 7        Section 90.  The Senior  Citizens  and  Disabled  Persons
 8    Property  Tax  Relief  and  Pharmaceutical  Assistance Act is
 9    amended by changing Sections 3.15 and 4 as follows:

10        (320 ILCS 25/3.15) (from Ch. 67 1/2, par. 403.15)
11        Sec. 3.15.  "Covered prescription  drug"  means  (1)  any
12    cardiovascular  agent  or  drug;  (2)  any  insulin  or other
13    prescription  drug  used  in  the  treatment   of   diabetes,
14    including syringe and needles used to administer the insulin;
15    and  (3)  any  prescription  drug  used  in  the treatment of
16    arthritis;  and  (4)   any  prescription  drug  used  in  the
17    treatment of pulmonary disease or  respiratory  diseases,  or
18    both.   The  specific agents or products to be included under
19    such categories shall be listed in a handbook to be  prepared
20    and  distributed  by  the  Department.   The general types of
21    covered prescription drugs shall be indicated by rule.
22    (Source: P.A. 85-1176.)

23        (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
24        Sec. 4.  Amount of Grant.
25        (a)  In general. Any individual 65 years or older or  any
26    individual  who  will become 65 years old during the calendar
27    year in which a claim is filed, and any surviving  spouse  of
28    such  a  claimant,  who  at the time of death received or was
29    entitled to receive a grant pursuant to this  Section,  which
30    surviving  spouse  will  become 65 years of age within the 24
31    months immediately following the death of such  claimant  and
 
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 1    which  surviving  spouse  but for his or her age is otherwise
 2    qualified to receive a grant pursuant to  this  Section,  and
 3    any  disabled  person  whose  annual household income is less
 4    than $14,000 for grant years before the 1998 grant  year  and
 5    less  than $16,000 for the 1998 grant year and thereafter and
 6    whose household is  liable  for  payment  of  property  taxes
 7    accrued  or has paid rent constituting property taxes accrued
 8    and is domiciled in this State at the time he files his claim
 9    is entitled to claim a grant under this Act. With respect  to
10    claims  filed  by  individuals  who  will become 65 years old
11    during the calendar year in  which  a  claim  is  filed,  the
12    amount of any grant to which that household is entitled shall
13    be  an  amount  equal  to  1/12  of  the  amount to which the
14    claimant would otherwise be  entitled  as  provided  in  this
15    Section,  multiplied  by  the  number  of months in which the
16    claimant was 65 in the calendar year in which  the  claim  is
17    filed.
18        (b)  Limitation.    Except   as   otherwise  provided  in
19    subsections (a) and (f) of this Section, the  maximum  amount
20    of  grant which a claimant is entitled to claim is the amount
21    by which the  property  taxes  accrued  which  were  paid  or
22    payable   during   the   last  preceding  tax  year  or  rent
23    constituting  property  taxes  accrued  upon  the  claimant's
24    residence for the last preceding taxable year exceeds 3  1/2%
25    of  the  claimant's  household income for that year but in no
26    event is the grant to exceed (i) $700 less 4.5% of  household
27    income  for  that  year  for those with a household income of
28    $14,000 or less or (ii) $70 if household income for that year
29    is more than $14,000 but less than $16,000.
30        (c)  Public aid recipients.  If household income  in  one
31    or  more  months  during  a  year includes cash assistance in
32    excess of $55 per month from the Department of Public Aid  or
33    the  Department of Human Services (acting as successor to the
34    Department of  Public  Aid  under  the  Department  of  Human
 
                            -4-            LRB9109298DJcdam02
 1    Services Act)  which was determined under regulations of that
 2    Department  on  a  measure of need that included an allowance
 3    for actual rent or property taxes paid by  the  recipient  of
 4    that  assistance, the amount of grant to which that household
 5    is entitled, except as otherwise provided in subsection  (a),
 6    shall  be  the  product of (1) the maximum amount computed as
 7    specified in subsection (b) of this Section and (2) the ratio
 8    of the number of months in which  household  income  did  not
 9    include  such  cash assistance over $55 to the number twelve.
10    If household income did not include such cash assistance over
11    $55 for any months during the year, the amount of  the  grant
12    to  which  the  household  is  entitled  shall be the maximum
13    amount computed  as  specified  in  subsection  (b)  of  this
14    Section.    For   purposes   of  this  paragraph  (c),  "cash
15    assistance" does not include any amount  received  under  the
16    federal Supplemental Security Income (SSI) program.
17        (d)  Joint  ownership.  If title to the residence is held
18    jointly by the claimant with a person who is not a member  of
19    his  household,  the amount of property taxes accrued used in
20    computing the amount of grant to which he is  entitled  shall
21    be  the  same  percentage of property taxes accrued as is the
22    percentage  of  ownership  held  by  the  claimant   in   the
23    residence.
24        (e)  More than one residence.  If a claimant has occupied
25    more  than  one  residence  in the taxable year, he may claim
26    only one residence for any part of a month.  In the  case  of
27    property  taxes  accrued, he shall pro rate 1/12 of the total
28    property taxes accrued on his residence to each month that he
29    owned and occupied that residence; and, in the case  of  rent
30    constituting  property  taxes  accrued,  shall  pro rate each
31    month's rent payments  to  the  residence  actually  occupied
32    during that month.
33        (f)  There   is   hereby   established   a   program   of
34    pharmaceutical  assistance  to  the  aged  and disabled which
 
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 1    shall be administered by the Department  in  accordance  with
 2    this Act, to consist of payments to authorized pharmacies, on
 3    behalf  of  beneficiaries  of the program, for the reasonable
 4    costs of covered prescription drugs.   Each  beneficiary  who
 5    pays  $40  for an identification card shall pay the first $15
 6    of prescription costs each month.  Each beneficiary who  pays
 7    $80  for  an  identification  card shall pay the first $25 of
 8    prescription  costs  each  month.   In  addition,   after   a
 9    beneficiary  receives  $800 in benefits during a State fiscal
10    year, that beneficiary shall also be charged 20% of the  cost
11    of  each  prescription  for  which  payments  are made by the
12    program during the remainder of the fiscal year.  To become a
13    beneficiary under this program a person must be: (1)  (i)  65
14    years  or  older,  or  (ii)  the  surviving  spouse of such a
15    claimant, who at the time of death received or  was  entitled
16    to  receive  benefits  pursuant  to  this  subsection,  which
17    surviving  spouse  will  become 65 years of age within the 24
18    months immediately following the death of such  claimant  and
19    which  surviving  spouse  but for his or her age is otherwise
20    qualified to receive benefits pursuant to this subsection, or
21    (iii) disabled, and (2) is domiciled in  this  State  at  the
22    time  he  files  his  or  her  claim,  and  (3) has a maximum
23    household income of less than $14,000 for grant years  before
24    the  1998  grant year, and less than $16,000 for the 1998 and
25    1999 grant years, and less than $25,000 for  the  2000  grant
26    year  and  thereafter. In addition, each eligible person must
27    (1) obtain an identification card from the Department, (2) at
28    the time the card is obtained, sign a statement assigning  to
29    the State of Illinois benefits which may be otherwise claimed
30    under   any   private   insurance   plans,  (3)  present  the
31    identification card to the dispensing pharmacist.
32        Any  person   otherwise   eligible   for   pharmaceutical
33    assistance  under this Act whose covered drugs are covered by
34    any public program for assistance in purchasing  any  covered
 
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 1    prescription  drugs  shall be ineligible for assistance under
 2    this Act to the extent such costs are covered by  such  other
 3    plan.
 4        The   fee  to  be  charged  by  the  Department  for  the
 5    identification card shall be equal to $40 for  persons  below
 6    the  official  poverty  line  as defined by the United States
 7    Department of Health and Human Services and $80 for all other
 8    persons.
 9        In the event that 2 or more persons are eligible for  any
10    benefit   under  this  Act,  and  are  members  of  the  same
11    household,  (1)  each  such  person  shall  be  entitled   to
12    participate   in   the   pharmaceutical  assistance  program,
13    provided that he or she meets all other requirements  imposed
14    by  this  subsection  and  (2)  each  participating household
15    member contributes the fee required for that  person  by  the
16    preceding   paragraph   for   the  purpose  of  obtaining  an
17    identification card.  Persons eligible for any benefit  under
18    this  Act  due  to  become  65  in  calendar year 1984 or any
19    subsequent calendar year  in  which  a  claim  is  filed  are
20    excluded  from  the benefit prescribed in this subsection (f)
21    for the calendar year in which they become 65.
22    (Source: P.A. 90-650, eff. 7-27-98; 91-357, eff. 7-29-99.)

23        Section 99.  Effective date.  This Act takes effect  upon
24    becoming law.".

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