103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3462

 

Introduced 2/17/2023, by Rep. Tim Ozinga

 

SYNOPSIS AS INTRODUCED:
 
320 ILCS 25/4  from Ch. 67 1/2, par. 404

    Amends the Senior Citizens and Persons with Disabilities Property Tax Relief Act. Changes the income eligibility levels for programs that use the income limits in the Act for eligibility determinations.


LRB103 29840 KTG 56248 b

 

 

A BILL FOR

 

HB3462LRB103 29840 KTG 56248 b

1    AN ACT concerning eligibility for certain benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Senior Citizens and Persons with
5Disabilities Property Tax Relief Act is amended by changing
6Section 4 as follows:
 
7    (320 ILCS 25/4)  (from Ch. 67 1/2, par. 404)
8    Sec. 4. Amount of Grant.
9    (a) In general. Any individual 65 years or older or any
10individual who will become 65 years old during the calendar
11year in which a claim is filed, and any surviving spouse of
12such a claimant, who at the time of death received or was
13entitled to receive a grant pursuant to this Section, which
14surviving spouse will become 65 years of age within the 24
15months immediately following the death of such claimant and
16which surviving spouse but for his or her age is otherwise
17qualified to receive a grant pursuant to this Section, and any
18person with a disability whose annual household income is less
19than the income eligibility limitation, as defined in
20subsection (a-5) and whose household is liable for payment of
21property taxes accrued or has paid rent constituting property
22taxes accrued and is domiciled in this State at the time he or
23she files his or her claim is entitled to claim a grant under

 

 

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1this Act. With respect to claims filed by individuals who will
2become 65 years old during the calendar year in which a claim
3is filed, the amount of any grant to which that household is
4entitled shall be an amount equal to 1/12 of the amount to
5which the claimant would otherwise be entitled as provided in
6this Section, multiplied by the number of months in which the
7claimant was 65 in the calendar year in which the claim is
8filed.
9    (a-5) Income eligibility limitation. For purposes of this
10Section, "income eligibility limitation" means:
11         (1) for applications that are based on the
12    applicant's household income in an amount for grant years
13    2008 through 2019:
14            (A) (1) less than $22,218 for a household
15        containing one person;
16            (B) (2) less than $29,480 for a household
17        containing 2 persons; or
18            (C) (3) less than $36,740 for a household
19        containing 3 or more persons.
20        (2) for applications that are based on the applicant's
21    household income in years 2020 through 2023: For grant
22    years 2020 and thereafter:
23            (A) (1) less than $33,562 for a household
24        containing one person;
25            (B) (2) less than $44,533 for a household
26        containing 2 persons; or

 

 

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1            (C) (3) less than $55,500 for a household
2        containing 3 or more persons.
3        (3) for applications that are based on the applicant's
4    household income in years 2024 and thereafter:
5            (A) less than $43,562 for a household containing
6        one person;
7            (B) less than $54,533 for a household containing 2
8        persons; or
9            (C) less than $65,500 for a household containing 3
10        or more persons.
11    For 2009 claim year applications submitted during calendar
12year 2010, a household must have annual household income of
13less than $27,610 for a household containing one person; less
14than $36,635 for a household containing 2 persons; or less
15than $45,657 for a household containing 3 or more persons.
16    The Department on Aging may adopt rules such that on
17January 1, 2011, and thereafter, the foregoing household
18income eligibility limits may be changed to reflect the annual
19cost of living adjustment in Social Security and Supplemental
20Security Income benefits that are applicable to the year for
21which those benefits are being reported as income on an
22application.
23    If a person files as a surviving spouse, then only his or
24her income shall be counted in determining his or her
25household income.
26    (b) Limitation. Except as otherwise provided in

 

 

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1subsections (a) and (f) of this Section, the maximum amount of
2grant which a claimant is entitled to claim is the amount by
3which the property taxes accrued which were paid or payable
4during the last preceding tax year or rent constituting
5property taxes accrued upon the claimant's residence for the
6last preceding taxable year exceeds 3 1/2% of the claimant's
7household income for that year but in no event is the grant to
8exceed (i) $700 less 4.5% of household income for that year for
9those with a household income of $14,000 or less or (ii) $70 if
10household income for that year is more than $14,000.
11    (c) Public aid recipients. If household income in one or
12more months during a year includes cash assistance in excess
13of $55 per month from the Department of Healthcare and Family
14Services or the Department of Human Services (acting as
15successor to the Department of Public Aid under the Department
16of Human Services Act) which was determined under regulations
17of that Department on a measure of need that included an
18allowance for actual rent or property taxes paid by the
19recipient of that assistance, the amount of grant to which
20that household is entitled, except as otherwise provided in
21subsection (a), shall be the product of (1) the maximum amount
22computed as specified in subsection (b) of this Section and
23(2) the ratio of the number of months in which household income
24did not include such cash assistance over $55 to the number
25twelve. If household income did not include such cash
26assistance over $55 for any months during the year, the amount

 

 

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1of the grant to which the household is entitled shall be the
2maximum amount computed as specified in subsection (b) of this
3Section. For purposes of this paragraph (c), "cash assistance"
4does not include any amount received under the federal
5Supplemental Security Income (SSI) program.
6    (d) Joint ownership. If title to the residence is held
7jointly by the claimant with a person who is not a member of
8his or her household, the amount of property taxes accrued
9used in computing the amount of grant to which he or she is
10entitled shall be the same percentage of property taxes
11accrued as is the percentage of ownership held by the claimant
12in the residence.
13    (e) More than one residence. If a claimant has occupied
14more than one residence in the taxable year, he or she may
15claim only one residence for any part of a month. In the case
16of property taxes accrued, he or she shall prorate 1/12 of the
17total property taxes accrued on his or her residence to each
18month that he or she owned and occupied that residence; and, in
19the case of rent constituting property taxes accrued, shall
20prorate each month's rent payments to the residence actually
21occupied during that month.
22    (f) (Blank).
23    (g) Effective January 1, 2006, there is hereby established
24a program of pharmaceutical assistance to the aged and to
25persons with disabilities, entitled the Illinois Seniors and
26Disabled Drug Coverage Program, which shall be administered by

 

 

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1the Department of Healthcare and Family Services and the
2Department on Aging in accordance with this subsection, to
3consist of coverage of specified prescription drugs on behalf
4of beneficiaries of the program as set forth in this
5subsection. Notwithstanding any provisions of this Act to the
6contrary, on and after July 1, 2012, pharmaceutical assistance
7under this Act shall no longer be provided, and on July 1, 2012
8the Illinois Senior Citizens and Disabled Persons
9Pharmaceutical Assistance Program shall terminate. The
10following provisions that concern the Illinois Senior Citizens
11and Disabled Persons Pharmaceutical Assistance Program shall
12continue to apply on and after July 1, 2012 to the extent
13necessary to pursue any actions authorized by subsection (d)
14of Section 9 of this Act with respect to acts which took place
15prior to July 1, 2012.
16    To become a beneficiary under the program established
17under this subsection, a person must:
18        (1) be (i) 65 years of age or older or (ii) a person
19    with a disability; and
20        (2) be domiciled in this State; and
21        (3) enroll with a qualified Medicare Part D
22    Prescription Drug Plan if eligible and apply for all
23    available subsidies under Medicare Part D; and
24        (4) for the 2006 and 2007 claim years, have a maximum
25    household income of (i) less than $21,218 for a household
26    containing one person, (ii) less than $28,480 for a

 

 

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1    household containing 2 persons, or (iii) less than $35,740
2    for a household containing 3 or more persons; and
3        (5) for the 2008 claim year, have a maximum household
4    income of (i) less than $22,218 for a household containing
5    one person, (ii) $29,480 for a household containing 2
6    persons, or (iii) $36,740 for a household containing 3 or
7    more persons; and
8        (6) for 2009 claim year applications submitted during
9    calendar year 2010, have annual household income of less
10    than (i) $27,610 for a household containing one person;
11    (ii) less than $36,635 for a household containing 2
12    persons; or (iii) less than $45,657 for a household
13    containing 3 or more persons; and
14        (7) as of September 1, 2011, have a maximum household
15    income at or below 200% of the federal poverty level.
16    All individuals enrolled as of December 31, 2005, in the
17pharmaceutical assistance program operated pursuant to
18subsection (f) of this Section and all individuals enrolled as
19of December 31, 2005, in the SeniorCare Medicaid waiver
20program operated pursuant to Section 5-5.12a of the Illinois
21Public Aid Code shall be automatically enrolled in the program
22established by this subsection for the first year of operation
23without the need for further application, except that they
24must apply for Medicare Part D and the Low Income Subsidy under
25Medicare Part D. A person enrolled in the pharmaceutical
26assistance program operated pursuant to subsection (f) of this

 

 

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1Section as of December 31, 2005, shall not lose eligibility in
2future years due only to the fact that they have not reached
3the age of 65.
4    To the extent permitted by federal law, the Department may
5act as an authorized representative of a beneficiary in order
6to enroll the beneficiary in a Medicare Part D Prescription
7Drug Plan if the beneficiary has failed to choose a plan and,
8where possible, to enroll beneficiaries in the low-income
9subsidy program under Medicare Part D or assist them in
10enrolling in that program.
11    Beneficiaries under the program established under this
12subsection shall be divided into the following 4 eligibility
13groups:
14        (A) Eligibility Group 1 shall consist of beneficiaries
15    who are not eligible for Medicare Part D coverage and who
16    are:
17            (i) a person with a disability and under age 65; or
18            (ii) age 65 or older, with incomes over 200% of the
19        Federal Poverty Level; or
20            (iii) age 65 or older, with incomes at or below
21        200% of the Federal Poverty Level and not eligible for
22        federally funded means-tested benefits due to
23        immigration status.
24        (B) Eligibility Group 2 shall consist of beneficiaries
25    who are eligible for Medicare Part D coverage.
26        (C) Eligibility Group 3 shall consist of beneficiaries

 

 

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1    age 65 or older, with incomes at or below 200% of the
2    Federal Poverty Level, who are not barred from receiving
3    federally funded means-tested benefits due to immigration
4    status and are not eligible for Medicare Part D coverage.
5        If the State applies and receives federal approval for
6    a waiver under Title XIX of the Social Security Act,
7    persons in Eligibility Group 3 shall continue to receive
8    benefits through the approved waiver, and Eligibility
9    Group 3 may be expanded to include persons with
10    disabilities who are under age 65 with incomes under 200%
11    of the Federal Poverty Level who are not eligible for
12    Medicare and who are not barred from receiving federally
13    funded means-tested benefits due to immigration status.
14        (D) Eligibility Group 4 shall consist of beneficiaries
15    who are otherwise described in Eligibility Group 2 who
16    have a diagnosis of HIV or AIDS.
17    The program established under this subsection shall cover
18the cost of covered prescription drugs in excess of the
19beneficiary cost-sharing amounts set forth in this paragraph
20that are not covered by Medicare. The Department of Healthcare
21and Family Services may establish by emergency rule changes in
22cost-sharing necessary to conform the cost of the program to
23the amounts appropriated for State fiscal year 2012 and future
24fiscal years except that the 24-month limitation on the
25adoption of emergency rules and the provisions of Sections
265-115 and 5-125 of the Illinois Administrative Procedure Act

 

 

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1shall not apply to rules adopted under this subsection (g).
2The adoption of emergency rules authorized by this subsection
3(g) shall be deemed to be necessary for the public interest,
4safety, and welfare.
5    For purposes of the program established under this
6subsection, the term "covered prescription drug" has the
7following meanings:
8        For Eligibility Group 1, "covered prescription drug"
9    means: (1) any cardiovascular agent or drug; (2) any
10    insulin or other prescription drug used in the treatment
11    of diabetes, including syringe and needles used to
12    administer the insulin; (3) any prescription drug used in
13    the treatment of arthritis; (4) any prescription drug used
14    in the treatment of cancer; (5) any prescription drug used
15    in the treatment of Alzheimer's disease; (6) any
16    prescription drug used in the treatment of Parkinson's
17    disease; (7) any prescription drug used in the treatment
18    of glaucoma; (8) any prescription drug used in the
19    treatment of lung disease and smoking-related illnesses;
20    (9) any prescription drug used in the treatment of
21    osteoporosis; and (10) any prescription drug used in the
22    treatment of multiple sclerosis. The Department may add
23    additional therapeutic classes by rule. The Department may
24    adopt a preferred drug list within any of the classes of
25    drugs described in items (1) through (10) of this
26    paragraph. The specific drugs or therapeutic classes of

 

 

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1    covered prescription drugs shall be indicated by rule.
2        For Eligibility Group 2, "covered prescription drug"
3    means those drugs covered by the Medicare Part D
4    Prescription Drug Plan in which the beneficiary is
5    enrolled.
6        For Eligibility Group 3, "covered prescription drug"
7    means those drugs covered by the Medical Assistance
8    Program under Article V of the Illinois Public Aid Code.
9        For Eligibility Group 4, "covered prescription drug"
10    means those drugs covered by the Medicare Part D
11    Prescription Drug Plan in which the beneficiary is
12    enrolled.
13    Any person otherwise eligible for pharmaceutical
14assistance under this subsection whose covered drugs are
15covered by any public program is ineligible for assistance
16under this subsection to the extent that the cost of those
17drugs is covered by the other program.
18    The Department of Healthcare and Family Services shall
19establish by rule the methods by which it will provide for the
20coverage called for in this subsection. Those methods may
21include direct reimbursement to pharmacies or the payment of a
22capitated amount to Medicare Part D Prescription Drug Plans.
23    For a pharmacy to be reimbursed under the program
24established under this subsection, it must comply with rules
25adopted by the Department of Healthcare and Family Services
26regarding coordination of benefits with Medicare Part D

 

 

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1Prescription Drug Plans. A pharmacy may not charge a
2Medicare-enrolled beneficiary of the program established under
3this subsection more for a covered prescription drug than the
4appropriate Medicare cost-sharing less any payment from or on
5behalf of the Department of Healthcare and Family Services.
6    The Department of Healthcare and Family Services or the
7Department on Aging, as appropriate, may adopt rules regarding
8applications, counting of income, proof of Medicare status,
9mandatory generic policies, and pharmacy reimbursement rates
10and any other rules necessary for the cost-efficient operation
11of the program established under this subsection.
12    (h) A qualified individual is not entitled to duplicate
13benefits in a coverage period as a result of the changes made
14by this amendatory Act of the 96th General Assembly.
15(Source: P.A. 101-10, eff. 6-5-19.)