97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0808

 

Introduced 2/8/2011, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
320 ILCS 25/6  from Ch. 67 1/2, par. 406

    Amends the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. Makes a technical change in a Section concerning administration of the Act.


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A BILL FOR

 

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1    AN ACT concerning aging.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Senior Citizens and Disabled Persons
5Property Tax Relief and Pharmaceutical Assistance Act is
6amended by changing Section 6 as follows:
 
7    (320 ILCS 25/6)  (from Ch. 67 1/2, par. 406)
8    Sec. 6. Administration.
9    (a) In general. Upon receipt of a timely filed claim, the
10the Department shall determine whether the claimant is a person
11entitled to a grant under this Act and the amount of grant to
12which he is entitled under this Act. The Department may require
13the claimant to furnish reasonable proof of the statements of
14domicile, household income, rent paid, property taxes accrued
15and other matters on which entitlement is based, and may
16withhold payment of a grant until such additional proof is
17furnished.
18    (b) Rental determination. If the Department finds that the
19gross rent used in the computation by a claimant of rent
20constituting property taxes accrued exceeds the fair rental
21value for the right to occupy that residence, the Department
22may determine the fair rental value for that residence and
23recompute rent constituting property taxes accrued

 

 

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1accordingly.
2    (c) Fraudulent claims. The Department shall deny claims
3which have been fraudulently prepared or when it finds that the
4claimant has acquired title to his residence or has paid rent
5for his residence primarily for the purpose of receiving a
6grant under this Act.
7    (d) Pharmaceutical Assistance. The Department shall allow
8all pharmacies licensed under the Pharmacy Practice Act to
9participate as authorized pharmacies unless they have been
10removed from that status for cause pursuant to the terms of
11this Section. The Director of the Department may enter into a
12written contract with any State agency, instrumentality or
13political subdivision, or a fiscal intermediary for the purpose
14of making payments to authorized pharmacies for covered
15prescription drugs and coordinating the program of
16pharmaceutical assistance established by this Act with other
17programs that provide payment for covered prescription drugs.
18Such agreement shall establish procedures for properly
19contracting for pharmacy services, validating reimbursement
20claims, validating compliance of dispensing pharmacists with
21the contracts for participation required under this Section,
22validating the reasonable costs of covered prescription drugs,
23and otherwise providing for the effective administration of
24this Act.
25    The Department shall promulgate rules and regulations to
26implement and administer the program of pharmaceutical

 

 

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1assistance required by this Act, which shall include the
2following:
3        (1) Execution of contracts with pharmacies to dispense
4    covered prescription drugs. Such contracts shall stipulate
5    terms and conditions for authorized pharmacies
6    participation and the rights of the State to terminate such
7    participation for breach of such contract or for violation
8    of this Act or related rules and regulations of the
9    Department;
10        (2) Establishment of maximum limits on the size of
11    prescriptions, new or refilled, which shall be in amounts
12    sufficient for 34 days, except as otherwise specified by
13    rule for medical or utilization control reasons;
14        (3) Establishment of liens upon any and all causes of
15    action which accrue to a beneficiary as a result of
16    injuries for which covered prescription drugs are directly
17    or indirectly required and for which the Director made
18    payment or became liable for under this Act;
19        (4) Charge or collection of payments from third parties
20    or private plans of assistance, or from other programs of
21    public assistance for any claim that is properly chargeable
22    under the assignment of benefits executed by beneficiaries
23    as a requirement of eligibility for the pharmaceutical
24    assistance identification card under this Act;
25        (4.5) Provision for automatic enrollment of
26    beneficiaries into a Medicare Discount Card program

 

 

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1    authorized under the federal Medicare Modernization Act of
2    2003 (P.L. 108-391) to coordinate coverage including
3    Medicare Transitional Assistance;
4        (5) Inspection of appropriate records and audit of
5    participating authorized pharmacies to ensure contract
6    compliance, and to determine any fraudulent transactions
7    or practices under this Act;
8        (6) Annual determination of the reasonable costs of
9    covered prescription drugs for which payments are made
10    under this Act, as provided in Section 3.16 (now repealed);
11        (7) Payment to pharmacies under this Act in accordance
12    with the State Prompt Payment Act.
13    The Department shall annually report to the Governor and
14the General Assembly by March 1st of each year on the
15administration of pharmaceutical assistance under this Act. By
16the effective date of this Act the Department shall determine
17the reasonable costs of covered prescription drugs in
18accordance with Section 3.16 of this Act (now repealed).
19(Source: P.A. 96-328, eff. 8-11-09; revised 9-16-10.)