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1 | AN ACT concerning aging.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Senior Citizens and Disabled Persons | ||||||||||||||||||||||||
5 | Property Tax Relief and
Pharmaceutical Assistance Act is | ||||||||||||||||||||||||
6 | amended by changing Section 4 as follows:
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7 | (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
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8 | Sec. 4. Amount of Grant.
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9 | (a) In general. Any individual 65 years or older or any | ||||||||||||||||||||||||
10 | individual who will
become 65 years old during the calendar | ||||||||||||||||||||||||
11 | year in which a claim is filed, and any
surviving spouse of | ||||||||||||||||||||||||
12 | such a claimant, who at the time of death received or was
| ||||||||||||||||||||||||
13 | entitled to receive a grant pursuant to this Section, which | ||||||||||||||||||||||||
14 | surviving spouse
will become 65 years of age within the 24 | ||||||||||||||||||||||||
15 | months immediately following the
death of such claimant and | ||||||||||||||||||||||||
16 | which surviving spouse but for his or her age is
otherwise | ||||||||||||||||||||||||
17 | qualified to receive a grant pursuant to this Section, and any
| ||||||||||||||||||||||||
18 | disabled person whose annual household income is less than the | ||||||||||||||||||||||||
19 | income eligibility limitation, as defined in subsection (a-5)
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20 | and whose household is liable for payment of property taxes | ||||||||||||||||||||||||
21 | accrued or has
paid rent constituting property taxes accrued | ||||||||||||||||||||||||
22 | and is domiciled in this State
at the time he or she files his | ||||||||||||||||||||||||
23 | or her claim is entitled to claim a
grant under this Act.
With |
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| |||||||
1 | respect to claims filed by individuals who will become 65 years | ||||||
2 | old
during the calendar year in which a claim is filed, the | ||||||
3 | amount of any grant
to which that household is entitled shall | ||||||
4 | be an amount equal to 1/12 of the
amount to which the claimant | ||||||
5 | would otherwise be entitled as provided in
this Section, | ||||||
6 | multiplied by the number of months in which the claimant was
65 | ||||||
7 | in the calendar year in which the claim is filed.
| ||||||
8 | (a-5) Income eligibility limitation. For purposes of this | ||||||
9 | Section, "income eligibility limitation" means an amount: | ||||||
10 | (i) for grant years before the 1998 grant year, less | ||||||
11 | than $14,000; | ||||||
12 | (ii) for the 1998 and 1999 grant year, less than | ||||||
13 | $16,000; | ||||||
14 | (iii) for grant years 2000 through 2007: | ||||||
15 | (A) less than $21,218 for a household containing | ||||||
16 | one person; | ||||||
17 | (B) less than $28,480 for a household containing 2 | ||||||
18 | persons; or | ||||||
19 | (C) less than $35,740 for a
household containing 3 | ||||||
20 | or more persons; or | ||||||
21 | (iv) for grant years 2008 and thereafter:
| ||||||
22 | (A) less than $22,218 for a household containing | ||||||
23 | one person; | ||||||
24 | (B) less than $29,480 for a household containing 2 | ||||||
25 | persons; or | ||||||
26 | (C) less than $36,740 for a
household containing 3 |
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| |||||||
1 | or more persons. | ||||||
2 | (b) Limitation. Except as otherwise provided in | ||||||
3 | subsections (a) and (f)
of this Section, the maximum amount of | ||||||
4 | grant which a claimant is
entitled to claim is the amount by | ||||||
5 | which the property taxes accrued which
were paid or payable | ||||||
6 | during the last preceding tax year or rent
constituting | ||||||
7 | property taxes accrued upon the claimant's residence for the
| ||||||
8 | last preceding taxable year exceeds 3 1/2% of the claimant's | ||||||
9 | household
income for that year but in no event is the grant to | ||||||
10 | exceed (i) $700 less
4.5% of household income for that year for | ||||||
11 | those with a household income of
$14,000 or less or (ii) $70 if | ||||||
12 | household income for that year is more than
$14,000.
| ||||||
13 | (c) Public aid recipients. If household income in one or | ||||||
14 | more
months during a year includes cash assistance in excess of | ||||||
15 | $55 per month
from the Department of Healthcare and Family | ||||||
16 | Services or the Department of Human Services (acting
as | ||||||
17 | successor to the Department of Public Aid under the Department | ||||||
18 | of Human
Services Act) which was determined under regulations | ||||||
19 | of
that Department on a measure of need that included an | ||||||
20 | allowance for actual
rent or property taxes paid by the | ||||||
21 | recipient of that assistance, the amount
of grant to which that | ||||||
22 | household is entitled, except as otherwise provided in
| ||||||
23 | subsection (a), shall be the product of (1) the maximum amount | ||||||
24 | computed as
specified in subsection (b) of this Section and (2) | ||||||
25 | the ratio of the number of
months in which household income did | ||||||
26 | not include such cash assistance over $55
to the number twelve. |
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| |||||||
1 | If household income did not include such cash assistance
over | ||||||
2 | $55 for any months during the year, the amount of the grant to | ||||||
3 | which the
household is entitled shall be the maximum amount | ||||||
4 | computed as specified in
subsection (b) of this Section. For | ||||||
5 | purposes of this paragraph (c), "cash
assistance" does not | ||||||
6 | include any amount received under the federal Supplemental
| ||||||
7 | Security Income (SSI) program.
| ||||||
8 | (d) Joint ownership. If title to the residence is held | ||||||
9 | jointly by
the claimant with a person who is not a member of | ||||||
10 | his or her household,
the amount of property taxes accrued used | ||||||
11 | in computing the amount of grant
to which he or she is entitled | ||||||
12 | shall be the same percentage of property
taxes accrued as is | ||||||
13 | the percentage of ownership held by the claimant in the
| ||||||
14 | residence.
| ||||||
15 | (e) More than one residence. If a claimant has occupied | ||||||
16 | more than
one residence in the taxable year, he or she may | ||||||
17 | claim only one residence
for any part of a month. In the case | ||||||
18 | of property taxes accrued, he or she
shall prorate 1/12 of the | ||||||
19 | total property taxes accrued on
his or her residence to each | ||||||
20 | month that he or she owned and occupied
that residence; and, in | ||||||
21 | the case of rent constituting property taxes accrued,
shall | ||||||
22 | prorate each month's rent payments to the residence
actually | ||||||
23 | occupied during that month.
| ||||||
24 | (f) There is hereby established a program of pharmaceutical | ||||||
25 | assistance
to the aged and disabled which shall be administered | ||||||
26 | by the Department in
accordance with this Act, to consist of |
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1 | payments to authorized pharmacies, on
behalf of beneficiaries | ||||||
2 | of the program, for the reasonable costs of covered
| ||||||
3 | prescription drugs. Each beneficiary who pays $5 for an | ||||||
4 | identification card
shall pay no additional prescription | ||||||
5 | costs. Each beneficiary who pays $25 for
an identification card | ||||||
6 | shall pay $3 per prescription. In addition, after a
beneficiary | ||||||
7 | receives $2,000 in benefits during a State fiscal year, that
| ||||||
8 | beneficiary shall also be charged 20% of the cost of each | ||||||
9 | prescription for
which payments are made by the program during | ||||||
10 | the remainder of the fiscal
year. To become a beneficiary under | ||||||
11 | this program a person must: (1)
be (i) 65 years of age or | ||||||
12 | older, or (ii) the surviving spouse of such
a claimant, who at | ||||||
13 | the time of death received or was entitled to receive
benefits | ||||||
14 | pursuant to this subsection, which surviving spouse will become | ||||||
15 | 65
years of age within the 24 months immediately following the | ||||||
16 | death of such
claimant and which surviving spouse but for his | ||||||
17 | or her age is otherwise
qualified to receive benefits pursuant | ||||||
18 | to this subsection, or (iii) disabled,
and (2) be domiciled in | ||||||
19 | this State at the time he or she files
his or her claim, and (3) | ||||||
20 | have a maximum household income of less
than the income | ||||||
21 | eligibility limitation, as defined in subsection (a-5). In | ||||||
22 | addition, each eligible person must (1) obtain an
| ||||||
23 | identification card from the Department, (2) at the time the | ||||||
24 | card is obtained,
sign a statement assigning to the State of | ||||||
25 | Illinois benefits which may be
otherwise claimed under any | ||||||
26 | private insurance plans, and (3) present the
identification |
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1 | card to the dispensing pharmacist.
| ||||||
2 | The Department may adopt rules specifying
participation
| ||||||
3 | requirements for the pharmaceutical assistance program, | ||||||
4 | including copayment
amounts,
identification card fees, | ||||||
5 | expenditure limits, and the benefit threshold after
which a 20% | ||||||
6 | charge is imposed on the cost of each prescription, to be in
| ||||||
7 | effect on and
after July 1, 2004.
Notwithstanding any other | ||||||
8 | provision of this paragraph, however, the Department
may not
| ||||||
9 | increase the identification card fee above the amount in effect | ||||||
10 | on May 1, 2003
without
the express consent of the General | ||||||
11 | Assembly.
To the extent practicable, those requirements shall | ||||||
12 | be
commensurate
with the requirements provided in rules adopted | ||||||
13 | by the Department of Healthcare and Family Services
to
| ||||||
14 | implement the pharmacy assistance program under Section | ||||||
15 | 5-5.12a of the Illinois
Public
Aid Code.
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16 | Whenever a generic equivalent for a covered prescription | ||||||
17 | drug is available,
the Department shall reimburse only for the | ||||||
18 | reasonable costs of the generic
equivalent, less the co-pay | ||||||
19 | established in this Section, unless (i) the covered
| ||||||
20 | prescription drug contains one or more ingredients defined as a | ||||||
21 | narrow
therapeutic index drug at 21 CFR 320.33, (ii) the | ||||||
22 | prescriber indicates on the
face of the prescription "brand | ||||||
23 | medically necessary", and (iii) the prescriber
specifies that a | ||||||
24 | substitution is not permitted. When issuing an oral
| ||||||
25 | prescription for covered prescription medication described in | ||||||
26 | item (i) of this
paragraph, the prescriber shall stipulate |
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1 | "brand medically necessary" and
that a substitution is not | ||||||
2 | permitted. If the covered prescription drug and its
authorizing | ||||||
3 | prescription do not meet the criteria listed above, the | ||||||
4 | beneficiary
may purchase the non-generic equivalent of the | ||||||
5 | covered prescription drug by
paying the difference between the | ||||||
6 | generic cost and the non-generic cost plus
the beneficiary | ||||||
7 | co-pay.
| ||||||
8 | Any person otherwise eligible for pharmaceutical | ||||||
9 | assistance under this
Act whose covered drugs are covered by | ||||||
10 | any public program for assistance in
purchasing any covered | ||||||
11 | prescription drugs shall be ineligible for assistance
under | ||||||
12 | this Act to the extent such costs are covered by such other | ||||||
13 | plan.
| ||||||
14 | The fee to be charged by the Department for the | ||||||
15 | identification card shall
be equal to $5 per coverage year for | ||||||
16 | persons below the official poverty line
as defined by the | ||||||
17 | United States Department of Health and Human Services and
$25 | ||||||
18 | per coverage year for all other persons.
| ||||||
19 | In the event that 2 or more persons are eligible for any | ||||||
20 | benefit under
this Act, and are members of the same household, | ||||||
21 | (1) each such person shall
be entitled to participate in the | ||||||
22 | pharmaceutical assistance program, provided
that he or she | ||||||
23 | meets all other requirements imposed by this subsection
and (2) | ||||||
24 | each participating household member contributes the fee | ||||||
25 | required
for that person by the preceding paragraph for the | ||||||
26 | purpose
of obtaining an identification card. |
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1 | The provisions of this subsection (f), other than this | ||||||
2 | paragraph, are inoperative after December 31, 2005. | ||||||
3 | Beneficiaries who received benefits under the program | ||||||
4 | established by this subsection (f) are not entitled, at the | ||||||
5 | termination of the program, to any refund of the identification | ||||||
6 | card fee paid under this subsection. | ||||||
7 | (g) Effective January 1, 2006, there is hereby established | ||||||
8 | a program of pharmaceutical assistance to the aged and | ||||||
9 | disabled, entitled the Illinois Seniors and Disabled Drug | ||||||
10 | Coverage Program, which shall be administered by the Department | ||||||
11 | of Healthcare and Family Services and the Department on Aging | ||||||
12 | in accordance with this subsection, to consist of coverage of | ||||||
13 | specified prescription drugs on behalf of beneficiaries of the | ||||||
14 | program as set forth in this subsection. The program under this | ||||||
15 | subsection replaces and supersedes the program established | ||||||
16 | under subsection (f), which shall end at midnight on December | ||||||
17 | 31, 2005. | ||||||
18 | To become a beneficiary under the program established under | ||||||
19 | this subsection, a person must: | ||||||
20 | (1) be (i) 65 years of age or older or (ii) disabled; | ||||||
21 | and | ||||||
22 | (2) be domiciled in this State; and | ||||||
23 | (3) enroll with a qualified Medicare Part D | ||||||
24 | Prescription Drug Plan if eligible and apply for all | ||||||
25 | available subsidies under Medicare Part D; and | ||||||
26 | (4) either: |
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1 | (aa) have a maximum household income of (i) less | ||||||
2 | than $21,218 for a household containing one person, | ||||||
3 | (ii) less than $28,480 for a household containing 2 | ||||||
4 | persons, or (iii) less than $35,740 for a household | ||||||
5 | containing 3 or more persons ; if . If any income | ||||||
6 | eligibility limit set forth in items (i) through (iii) | ||||||
7 | is less than 200% of the Federal Poverty Level for any | ||||||
8 | year, the income eligibility limit for that year for | ||||||
9 | households of that size shall be income equal to or | ||||||
10 | less than 200% of the Federal Poverty Level ; or | ||||||
11 | (bb) have a maximum household income at or below | ||||||
12 | 225% of the Federal Poverty Level if the individual | ||||||
13 | qualifies under Eligibility Group 2 or Eligibility | ||||||
14 | Group 4 pursuant to paragraph (B) or (D) of this | ||||||
15 | subsection . | ||||||
16 | All individuals enrolled as of December 31, 2005, in the | ||||||
17 | pharmaceutical assistance program operated pursuant to | ||||||
18 | subsection (f) of this Section and all individuals enrolled as | ||||||
19 | of December 31, 2005, in the SeniorCare Medicaid waiver program | ||||||
20 | operated pursuant to Section 5-5.12a of the Illinois Public Aid | ||||||
21 | Code shall be automatically enrolled in the program established | ||||||
22 | by this subsection for the first year of operation without the | ||||||
23 | need for further application, except that they must apply for | ||||||
24 | Medicare Part D and the Low Income Subsidy under Medicare Part | ||||||
25 | D. A person enrolled in the pharmaceutical assistance program | ||||||
26 | operated pursuant to subsection (f) of this Section as of |
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| |||||||
1 | December 31, 2005, shall not lose eligibility in future years | ||||||
2 | due only to the fact that they have not reached the age of 65. | ||||||
3 | To the extent permitted by federal law, the Department may | ||||||
4 | act as an authorized representative of a beneficiary in order | ||||||
5 | to enroll the beneficiary in a Medicare Part D Prescription | ||||||
6 | Drug Plan if the beneficiary has failed to choose a plan and, | ||||||
7 | where possible, to enroll beneficiaries in the low-income | ||||||
8 | subsidy program under Medicare Part D or assist them in | ||||||
9 | enrolling in that program. | ||||||
10 | Beneficiaries under the program established under this | ||||||
11 | subsection shall be divided into the following 4 5 eligibility | ||||||
12 | groups: | ||||||
13 | (A) Eligibility Group 1 shall consist of beneficiaries | ||||||
14 | who are not eligible for Medicare Part D coverage and who
| ||||||
15 | are: | ||||||
16 | (i) disabled and under age 65; or | ||||||
17 | (ii) age 65 or older, with incomes over 200% of the | ||||||
18 | Federal Poverty Level; or | ||||||
19 | (iii) age 65 or older, with incomes at or below | ||||||
20 | 200% of the Federal Poverty Level and not eligible for | ||||||
21 | federally funded means-tested benefits due to | ||||||
22 | immigration status. | ||||||
23 | (B) Eligibility Group 2 shall consist of beneficiaries | ||||||
24 | otherwise described in Eligibility Group 1 but who are | ||||||
25 | eligible for Medicare Part D coverage. | ||||||
26 | (B) (C) Eligibility Group 2 3 shall consist of |
| |||||||
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1 | beneficiaries age 65 or older, with incomes at or below | ||||||
2 | 225% 200% of the Federal Poverty Level, who are not barred | ||||||
3 | from receiving federally funded means-tested benefits due | ||||||
4 | to immigration status and are eligible for Medicare Part D | ||||||
5 | coverage. | ||||||
6 | (C) (D) Eligibility Group 3 4 shall consist of | ||||||
7 | beneficiaries age 65 or older, with incomes at or below | ||||||
8 | 200% of the Federal Poverty Level, who are not barred from | ||||||
9 | receiving federally funded means-tested benefits due to | ||||||
10 | immigration status and are not eligible for Medicare Part D | ||||||
11 | coverage. | ||||||
12 | If the State applies and receives federal approval for | ||||||
13 | a waiver under Title XIX of the Social Security Act, | ||||||
14 | persons in Eligibility Group 4 shall continue to receive | ||||||
15 | benefits through the approved waiver, and Eligibility | ||||||
16 | Group 4 may be expanded to include disabled persons under | ||||||
17 | age 65 with incomes under 200% of the Federal Poverty Level | ||||||
18 | who are not eligible for Medicare and who are not barred | ||||||
19 | from receiving federally funded means-tested benefits due | ||||||
20 | to immigration status. | ||||||
21 | (D) (E) On and after January 1, 2007, Eligibility Group | ||||||
22 | 4 5 shall consist of beneficiaries who are otherwise | ||||||
23 | described in Eligibility Group Groups 2 and 3 who have a | ||||||
24 | diagnosis of HIV or AIDS.
| ||||||
25 | The program established under this subsection shall cover | ||||||
26 | the cost of covered prescription drugs in excess of the |
| |||||||
| |||||||
1 | beneficiary cost-sharing amounts set forth in this paragraph | ||||||
2 | that are not covered by Medicare. In 2006, beneficiaries shall | ||||||
3 | pay a co-payment of $2 for each prescription of a generic drug | ||||||
4 | and $5 for each prescription of a brand-name drug. In future | ||||||
5 | years, beneficiaries shall pay co-payments equal to the | ||||||
6 | co-payments required under Medicare Part D for "other | ||||||
7 | low-income subsidy eligible individuals" pursuant to 42 CFR | ||||||
8 | 423.782(b). For individuals in Eligibility Groups 1, 2, and 3, | ||||||
9 | and 4, once the program established under this subsection and | ||||||
10 | Medicare combined have paid $1,750 in a year for covered | ||||||
11 | prescription drugs, the beneficiary shall pay 20% of the cost | ||||||
12 | of each prescription in addition to the co-payments set forth | ||||||
13 | in this paragraph. For individuals in Eligibility Group 4 5 , | ||||||
14 | once the program established under this subsection and Medicare | ||||||
15 | combined have paid $1,750 in a year for covered prescription | ||||||
16 | drugs, the beneficiary shall pay 20% of the cost of each | ||||||
17 | prescription in addition to the co-payments set forth in this | ||||||
18 | paragraph unless the drug is included in the formulary of the | ||||||
19 | Illinois AIDS Drug Assistance Program operated by the Illinois | ||||||
20 | Department of Public Health. If the drug is included in the | ||||||
21 | formulary of the Illinois AIDS Drug Assistance Program, | ||||||
22 | individuals in Eligibility Group 4 5 shall continue to pay the | ||||||
23 | co-payments set forth in this paragraph after the program | ||||||
24 | established under this subsection and Medicare combined have | ||||||
25 | paid $1,750 in a year for covered prescription drugs.
| ||||||
26 | For beneficiaries eligible for Medicare Part D coverage, |
| |||||||
| |||||||
1 | the program established under this subsection shall pay 100% of | ||||||
2 | the premiums charged by a qualified Medicare Part D | ||||||
3 | Prescription Drug Plan for Medicare Part D basic prescription | ||||||
4 | drug coverage, not including any late enrollment penalties. | ||||||
5 | Qualified Medicare Part D Prescription Drug Plans may be | ||||||
6 | limited by the Department of Healthcare and Family Services to | ||||||
7 | those plans that sign a coordination agreement with the | ||||||
8 | Department. | ||||||
9 | Notwithstanding Section 3.15, for purposes of the program | ||||||
10 | established under this subsection, the term "covered | ||||||
11 | prescription drug" has the following meanings: | ||||||
12 | For Eligibility Group 1, "covered prescription drug" | ||||||
13 | means: (1) any cardiovascular agent or drug; (2) any | ||||||
14 | insulin or other prescription drug used in the treatment of | ||||||
15 | diabetes, including syringe and needles used to administer | ||||||
16 | the insulin; (3) any prescription drug used in the | ||||||
17 | treatment of arthritis; (4) any prescription drug used in | ||||||
18 | the treatment of cancer; (5) any prescription drug used in | ||||||
19 | the treatment of Alzheimer's disease; (6) any prescription | ||||||
20 | drug used in the treatment of Parkinson's disease; (7) any | ||||||
21 | prescription drug used in the treatment of glaucoma; (8) | ||||||
22 | any prescription drug used in the treatment of lung disease | ||||||
23 | and smoking-related illnesses; (9) any prescription drug | ||||||
24 | used in the treatment of osteoporosis; and (10) any | ||||||
25 | prescription drug used in the treatment of multiple | ||||||
26 | sclerosis. The Department may add additional therapeutic |
| |||||||
| |||||||
1 | classes by rule. The Department may adopt a preferred drug | ||||||
2 | list within any of the classes of drugs described in items | ||||||
3 | (1) through (10) of this paragraph. The specific drugs or | ||||||
4 | therapeutic classes of covered prescription drugs shall be | ||||||
5 | indicated by rule. | ||||||
6 | For Eligibility Group 2, "covered prescription drug" | ||||||
7 | means those drugs covered for Eligibility Group 1 that are | ||||||
8 | also covered by the Medicare Part D Prescription Drug Plan | ||||||
9 | in which the beneficiary is enrolled. | ||||||
10 | For Eligibility Group 2 3 , "covered prescription drug" | ||||||
11 | means those drugs covered by the Medicare Part D | ||||||
12 | Prescription Drug Plan in which the beneficiary is | ||||||
13 | enrolled. | ||||||
14 | For Eligibility Group 3 4 , "covered prescription drug" | ||||||
15 | means those drugs covered by the Medical Assistance Program | ||||||
16 | under Article V of the Illinois Public Aid Code. | ||||||
17 | For Eligibility Group 4 5 , for individuals otherwise | ||||||
18 | described in Eligibility Group 2, "covered prescription | ||||||
19 | drug" means :
(1) those drugs covered for Eligibility Group | ||||||
20 | 2 that are also covered by the Medicare Part D Prescription | ||||||
21 | Drug Plan in which the beneficiary is enrolled ; and
(2) | ||||||
22 | those drugs included in the formulary of the Illinois AIDS | ||||||
23 | Drug Assistance Program operated by the Illinois | ||||||
24 | Department of Public Health that are also covered by the | ||||||
25 | Medicare Part D Prescription Drug Plan in which the | ||||||
26 | beneficiary is enrolled.
For Eligibility Group 5, for |
| |||||||
| |||||||
1 | individuals otherwise described in Eligibility Group 3, | ||||||
2 | "covered prescription drug" means those drugs covered by | ||||||
3 | the Medicare Part D Prescription Drug Plan in which the | ||||||
4 | beneficiary is enrolled . | ||||||
5 | An individual in Eligibility Group 1, 2, 3, or 4 , or 5 may | ||||||
6 | opt to receive a $25 monthly payment in lieu of the direct | ||||||
7 | coverage described in this subsection. | ||||||
8 | Any person otherwise eligible for pharmaceutical | ||||||
9 | assistance under this subsection whose covered drugs are | ||||||
10 | covered by any public program is ineligible for assistance | ||||||
11 | under this subsection to the extent that the cost of those | ||||||
12 | drugs is covered by the other program. | ||||||
13 | The Department of Healthcare and Family Services shall | ||||||
14 | establish by rule the methods by which it will provide for the | ||||||
15 | coverage called for in this subsection. Those methods may | ||||||
16 | include direct reimbursement to pharmacies or the payment of a | ||||||
17 | capitated amount to Medicare Part D Prescription Drug Plans. | ||||||
18 | For a pharmacy to be reimbursed under the program | ||||||
19 | established under this subsection, it must comply with rules | ||||||
20 | adopted by the Department of Healthcare and Family Services | ||||||
21 | regarding coordination of benefits with Medicare Part D | ||||||
22 | Prescription Drug Plans. A pharmacy may not charge a | ||||||
23 | Medicare-enrolled beneficiary of the program established under | ||||||
24 | this subsection more for a covered prescription drug than the | ||||||
25 | appropriate Medicare cost-sharing less any payment from or on | ||||||
26 | behalf of the Department of Healthcare and Family Services. |
| |||||||
| |||||||
1 | The Department of Healthcare and Family Services or the | ||||||
2 | Department on Aging, as appropriate, may adopt rules regarding | ||||||
3 | applications, counting of income, proof of Medicare status, | ||||||
4 | mandatory generic policies, and pharmacy reimbursement rates | ||||||
5 | and any other rules necessary for the cost-efficient operation | ||||||
6 | of the program established under this subsection.
In defining | ||||||
7 | countable income, the Department of Healthcare and Family | ||||||
8 | Services or the Department of Aging must disregard the | ||||||
9 | cost-of-living increase to any benefit administered by the | ||||||
10 | Social Security Administration in any year that the percentage | ||||||
11 | increase of the Social Security Administration cost-of-living | ||||||
12 | adjustment is higher than the percentage increase in the | ||||||
13 | Federal Poverty Level. Eligibility for the program of | ||||||
14 | pharmaceutical assistance shall be effective as of the date of | ||||||
15 | application at the latest. Renewal of eligibility shall be | ||||||
16 | effective as of the date of renewal at the latest.
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17 | (Source: P.A. 94-86, eff. 1-1-06; 94-909, eff. 6-23-06; 95-208, | ||||||
18 | eff. 8-16-07; 95-644, eff. 10-12-07; revised 10-25-07.)
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.
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