State of Illinois
92nd General Assembly
Legislation

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92_HB2438eng

 
HB2438 Engrossed                              LRB9207067ACcdA

 1        AN ACT  in  relation  to  senior  citizens  and  disabled
 2    persons.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The  Senior  Citizens  and  Disabled  Persons
 6    Property  Tax  Relief  and  Pharmaceutical  Assistance Act is
 7    amended by changing Sections 3.07, 4, and  5  and  by  adding
 8    Section 4.1 as follows:

 9        (320 ILCS 25/3.07) (from Ch. 67 1/2, par. 403.07)
10        Sec.   3.07.    "Income"  means  adjusted  gross  income,
11    properly reportable for federal income tax purposes under the
12    provisions of the Internal Revenue Code, modified  by  adding
13    thereto  the  sum  of  the  following  amounts  to the extent
14    deducted or excluded from gross income in the computation  of
15    adjusted gross income:
16             (A)  An  amount equal to all amounts paid or accrued
17        as interest or dividends during the taxable year;
18             (B)  An amount equal to the amount of tax imposed by
19        the Illinois Income Tax Act paid for the taxable year;
20             (C)  An amount equal to all amounts received  during
21        the   taxable  year  as  an  annuity  under  an  annuity,
22        endowment or life insurance contract or under  any  other
23        contract or agreement;
24             (D)  An  amount equal to the amount of benefits paid
25        under the Federal Social Security Act during the  taxable
26        year;
27             (E)  An  amount equal to the amount of benefits paid
28        under the Railroad  Retirement  Act  during  the  taxable
29        year;
30             (F)  An  amount  equal  to  the total amount of cash
31        public assistance payments received from any governmental
 
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 1        agency  during  the  taxable  year  other  than  benefits
 2        received pursuant to this Act;
 3             (G)  An amount  equal  to  any  net  operating  loss
 4        carryover  deduction  or capital loss carryover deduction
 5        during the taxable year;
 6             (H)  For claim years beginning on or  after  January
 7        1,  2002,  an amount equal to any benefits received under
 8        the   Workers'   Compensation   Act   or   the   Workers'
 9        Occupational Diseases Act during the taxable year.
10        "Income" does not include any grant  assistance  received
11    under   the   Nursing   Home  Grant  Assistance  Act  or  any
12    distributions or items of income described under subparagraph
13    (X) of paragraph (2) of subsection (a) of Section 203 of  the
14    Illinois Income Tax Act.
15        This  amendatory  Act  of  1987  shall  be  effective for
16    purposes of this Section for tax years  ending  on  or  after
17    December 31, 1987.
18    (Source: P.A. 90-491, eff. 1-1-98; 91-676, eff. 12-23-99.)

19        (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
20        Sec. 4.  Amount of Grant.
21        (a)  In general.  Any individual 65 years or older or any
22    individual  who  will become 65 years old during the calendar
23    year in which a claim is filed, and any surviving  spouse  of
24    such  a  claimant,  who  at the time of death received or was
25    entitled to receive a grant pursuant to this  Section,  which
26    surviving  spouse  will  become 65 years of age within the 24
27    months immediately following the death of such  claimant  and
28    which  surviving  spouse  but for his or her age is otherwise
29    qualified to receive a grant pursuant to  this  Section,  and
30    any  disabled  person  whose  annual household income is less
31    than $14,000 for grant years before the 1998 grant year, less
32    than $16,000 for the 1998 and 1999 grant years, and less than
33    (i) $21,218 for  a  household  containing  one  person,  (ii)
 
HB2438 Engrossed            -3-               LRB9207067ACcdA
 1    $28,480  for  a  household  containing  2  persons,  or (iii)
 2    $35,740 for a household containing 3 or more persons for  the
 3    2000  grant year and thereafter and whose household is liable
 4    for payment of  property  taxes  accrued  or  has  paid  rent
 5    constituting  property taxes accrued and is domiciled in this
 6    State at the time he files his claim is entitled to  claim  a
 7    grant  under  this  Act.  With  respect  to  claims  filed by
 8    individuals who will become 65 years old during the  calendar
 9    year  in  which  a claim is filed, the amount of any grant to
10    which that household is entitled shall be an amount equal  to
11    1/12  of  the amount to which the claimant would otherwise be
12    entitled as provided  in  this  Section,  multiplied  by  the
13    number of months in which the claimant was 65 in the calendar
14    year in which the claim is filed.
15        (b)  Limitation.    Except   as   otherwise  provided  in
16    subsections (a) and (f) of this Section, the  maximum  amount
17    of  grant which a claimant is entitled to claim is the amount
18    by which the  property  taxes  accrued  which  were  paid  or
19    payable   during   the   last  preceding  tax  year  or  rent
20    constituting  property  taxes  accrued  upon  the  claimant's
21    residence for the last preceding taxable year exceeds 3  1/2%
22    of  the  claimant's  household income for that year but in no
23    event is the grant to exceed (i) $700 less 4.5% of  household
24    income  for  that  year  for those with a household income of
25    $14,000 or less or (ii) $70 if household income for that year
26    is more than $14,000.
27        (c)  Public aid recipients.  If household income  in  one
28    or  more  months  during  a  year includes cash assistance in
29    excess of $55 per month from the Department of Public Aid  or
30    the  Department of Human Services (acting as successor to the
31    Department of  Public  Aid  under  the  Department  of  Human
32    Services Act)  which was determined under regulations of that
33    Department  on  a  measure of need that included an allowance
34    for actual rent or property taxes paid by  the  recipient  of
 
HB2438 Engrossed            -4-               LRB9207067ACcdA
 1    that  assistance, the amount of grant to which that household
 2    is entitled, except as otherwise provided in subsection  (a),
 3    shall  be  the  product of (1) the maximum amount computed as
 4    specified in subsection (b) of this Section and (2) the ratio
 5    of the number of months in which  household  income  did  not
 6    include  such  cash assistance over $55 to the number twelve.
 7    If household income did not include such cash assistance over
 8    $55 for any months during the year, the amount of  the  grant
 9    to  which  the  household  is  entitled  shall be the maximum
10    amount computed  as  specified  in  subsection  (b)  of  this
11    Section.    For   purposes   of  this  paragraph  (c),  "cash
12    assistance" does not include any amount  received  under  the
13    federal Supplemental Security Income (SSI) program.
14        (d)  Joint  ownership.  If title to the residence is held
15    jointly by the claimant with a person who is not a member  of
16    his  household,  the amount of property taxes accrued used in
17    computing the amount of grant to which he is  entitled  shall
18    be  the  same  percentage of property taxes accrued as is the
19    percentage  of  ownership  held  by  the  claimant   in   the
20    residence.
21        (e)  More than one residence.  If a claimant has occupied
22    more  than  one  residence  in the taxable year, he may claim
23    only one residence for any part of a month.  In the  case  of
24    property  taxes  accrued, he shall pro rate 1/12 of the total
25    property taxes accrued on his residence to each month that he
26    owned and occupied that residence; and, in the case  of  rent
27    constituting  property  taxes  accrued,  shall  pro rate each
28    month's rent payments  to  the  residence  actually  occupied
29    during that month.
30        (f)  There   is   hereby   established   a   program   of
31    pharmaceutical  assistance  to  the  aged  and disabled which
32    shall be administered by the Department  in  accordance  with
33    this Act, to consist of payments to authorized pharmacies, on
34    behalf  of  beneficiaries  of the program, for the reasonable
 
HB2438 Engrossed            -5-               LRB9207067ACcdA
 1    costs of covered prescription drugs.   Each  beneficiary  who
 2    pays  $5  for  an identification card shall pay no additional
 3    prescription costs. Each beneficiary  who  pays  $25  for  an
 4    identification  card  shall  pay  $3  per  prescription.   In
 5    addition,  after  a  beneficiary  receives $2,000 in benefits
 6    during a State fiscal year, that beneficiary  shall  also  be
 7    charged  20%  of  the  cost  of  each  prescription for which
 8    payments are made by the program during the remainder of  the
 9    fiscal  year.   To  become a beneficiary under this program a
10    person must be: (1) (i)  65  years  or  older,  or  (ii)  the
11    surviving spouse of such a claimant, who at the time of death
12    received or was entitled to receive benefits pursuant to this
13    subsection,  which  surviving  spouse will become 65 years of
14    age within the 24 months immediately following the  death  of
15    such  claimant  and which surviving spouse but for his or her
16    age is otherwise qualified to receive  benefits  pursuant  to
17    this  subsection,  or (iii) disabled, and (2) is domiciled in
18    this State at the time he files his or her claim, and (3) has
19    a maximum household income of less  than  $14,000  for  grant
20    years  before  the 1998 grant year, less than $16,000 for the
21    1998 and 1999 grant years, and less than (i)  $21,218  for  a
22    household containing one person, (ii) $28,480 for a household
23    containing  2  persons,  or  (iii)  $35,740  for  a household
24    containing 3  more  persons  for  the  2000  grant  year  and
25    thereafter. In addition, each eligible person must (1) obtain
26    an  identification  card from the Department, (2) at the time
27    the card is obtained, sign a statement assigning to the State
28    of Illinois benefits which may be otherwise claimed under any
29    private insurance plans, (3) present the identification  card
30    to the dispensing pharmacist.
31        Whenever  a generic equivalent for a covered prescription
32    drug is available, the Department shall  reimburse  only  for
33    the  reasonable  costs  of  the  generic equivalent, less the
34    co-pay established in this Section, unless  (i)  the  covered
 
HB2438 Engrossed            -6-               LRB9207067ACcdA
 1    prescription drug contains one or more ingredients defined as
 2    a  narrow  therapeutic  index drug at 21 CFR 320.33, (ii) the
 3    prescriber indicates on the face of the  prescription  "brand
 4    medically necessary", and (iii) the prescriber specifies that
 5    a  substitution  is  not  permitted.   When  issuing  an oral
 6    prescription for covered prescription medication described in
 7    item (i) of this paragraph, the  prescriber  shall  stipulate
 8    "brand  medically  necessary"  and that a substitution is not
 9    permitted.   If  the  covered  prescription  drug   and   its
10    authorizing  prescription  do  not  meet  the criteria listed
11    above,  the  beneficiary   may   purchase   the   non-generic
12    equivalent  of  the  covered  prescription drug by paying the
13    difference between the generic cost and the non-generic  cost
14    plus the beneficiary co-pay.
15        Any   person   otherwise   eligible   for  pharmaceutical
16    assistance under this Act whose covered drugs are covered  by
17    any  public  program for assistance in purchasing any covered
18    prescription drugs shall be ineligible for  assistance  under
19    this  Act  to the extent such costs are covered by such other
20    plan.
21        The  fee  to  be  charged  by  the  Department  for   the
22    identification  card  shall  be equal to $5 per coverage year
23    for persons below the official poverty line as defined by the
24    United States Department of Health and Human Services and $25
25    per coverage year for all other persons.
26        In the event that 2 or more persons are eligible for  any
27    benefit   under  this  Act,  and  are  members  of  the  same
28    household,  (1)  each  such  person  shall  be  entitled   to
29    participate   in   the   pharmaceutical  assistance  program,
30    provided that he or she meets all other requirements  imposed
31    by  this  subsection  and  (2)  each  participating household
32    member contributes the fee required for that  person  by  the
33    preceding   paragraph   for   the  purpose  of  obtaining  an
34    identification card.
 
HB2438 Engrossed            -7-               LRB9207067ACcdA
 1    (Source: P.A. 90-650, eff.  7-27-98;  91-357,  eff.  7-29-99;
 2    91-699, eff. 1-1-01.)

 3        (320 ILCS 25/4.1 new)
 4        Sec.     4.1.     Information    to    the    Department.
 5    Notwithstanding any  other  law  to  the  contrary,  entities
 6    subject  to the Illinois Insurance Code, Comprehensive Health
 7    Insurance Plan  Act,  Dental  Service  Plan  Act,  Children's
 8    Health  Insurance  Program  Act, Health Care Purchasing Group
 9    Act, Health  Maintenance  Organization  Act,  Limited  Health
10    Service  Organization  Act,  Voluntary  Health Services Plans
11    Act, and the Workers' Compensation Act,  including,  but  not
12    limited   to,  insurers,  health  maintenance  organizations,
13    pharmacy  benefit  managers,  third   party   administrators,
14    fraternal    benefit    societies,    group-funded   workers'
15    compensation pools, municipal group-funded pools, self-funded
16    or self-insured welfare or benefit plans or programs, and any
17    other  entities  that  provide  health  coverage  through  an
18    employer, union, trade association or other  organization  or
19    source,  or  any  other entities, must provide information to
20    the Department, or its designee, that is necessary  to  carry
21    out  the purposes of this Act, including, but not limited to,
22    the name, social security number, address, date of birth, and
23    coverage of their policyholders, their  subscribers,  or  the
24    beneficiaries  of  their  plans,  benefits,  or  services who
25    participate in the programs under this Act.  The provision of
26    this information to the Department or its designee is subject
27    to the confidentiality provisions in Section 8a of this Act.

28        (320 ILCS 25/5) (from Ch. 67 1/2, par. 405)
29        Sec. 5.  Procedure.
30        (a)  In general.  Claims must be filed after  January  1,
31    on forms prescribed by the Department.  No claim may be filed
32    more  than  one  year after December 31 of the year for which
 
HB2438 Engrossed            -8-               LRB9207067ACcdA
 1    the claim is filed except that claims for 1976 may  be  filed
 2    until  December  31,  1978.   The  pharmaceutical  assistance
 3    identification card provided for in subsection (f) of Section
 4    4  shall be valid for a period not to exceed one year. On and
 5    after January 1, 2002, however, to enable the  Department  to
 6    convert  coverage  for  a  pharmaceutical  assistance program
 7    participant to a fiscal year basis, a card shall be valid for
 8    a longer or shorter period than 12 months, depending  on  the
 9    date  a  timely  claim  is  filed  and  as  determined by the
10    Department.
11        (b)  Claim is Personal.  The right to file a claim  under
12    this  Act  shall  be  personal  to the claimant and shall not
13    survive his death, but such right may be exercised on  behalf
14    of  a claimant by his legal guardian or attorney-in-fact.  If
15    a claimant dies after having filed a timely claim, the amount
16    thereof shall be disbursed to his surviving spouse or, if  no
17    spouse survives, to his surviving dependent minor children in
18    equal  parts,  provided  the spouse or child, as the case may
19    be, resided with the claimant at the time he filed his claim.
20    If at the time of disbursement neither the claimant  nor  his
21    spouse  is  surviving, and no dependent minor children of the
22    claimant are surviving the amount of the claim shall  escheat
23    to the State.
24        (c)  One  claim  per  household.   Only  one  member of a
25    household may file a claim under this  Act  in  any  calendar
26    year;  where  both  members  of  a  household  are  otherwise
27    entitled  to claim a grant under this Act, they must agree as
28    to which of them will file a claim for that year.
29        (d)  Content of application form.  The form prescribed by
30    the Department for purposes of paragraph (a) shall include  a
31    table,  appropriately keyed to the parts of the form on which
32    the claimant is required to furnish information,  which  will
33    enable  the  claimant  to  determine  readily the approximate
34    amount of grant to which he is entitled by relating levels of
 
HB2438 Engrossed            -9-               LRB9207067ACcdA
 1    household  income  to  property   taxes   accrued   or   rent
 2    constituting property taxes accrued.
 3        (e)  Pharmaceutical     Assistance    Procedures.     The
 4    Department  shall  establish  the   form   and   manner   for
 5    application,  and establish by January 1, 1986 a procedure to
 6    enable persons to apply for the additional grant or  for  the
 7    pharmaceutical  assistance  identification  card  on the same
 8    application form. The Department shall determine  eligibility
 9    for  pharmaceutical  assistance using the applicant's current
10    income. The Department shall  determine  a  person's  current
11    income in the manner provided by the Department by rule.
12    (Source: P.A. 91-533, eff. 8-13-99; 91-699, eff. 1-1-01.)

13        Section  99.  Effective date.  This Act takes effect upon
14    becoming law.

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