Full Text of SB1409 95th General Assembly
SB1409ham001 95TH GENERAL ASSEMBLY
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Rep. Kathleen A. Ryg
Filed: 1/17/2008
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| AMENDMENT TO SENATE BILL 1409
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| AMENDMENT NO. ______. Amend Senate Bill 1409 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 3. If and only if House Bill 656 of the 95th | 5 |
| General Assembly becomes law, the Counties Code is amended by | 6 |
| adding Section 6-34000 as follows: | 7 |
| (55 ILCS 5/6-34000 new)
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| Sec. 6-34000. Report on funds received under the Regional | 9 |
| Transportation Authority Act. If the Board of the Regional | 10 |
| Transportation Authority adopts an ordinance under Section | 11 |
| 4.03 of the Regional Transportation Authority Act imposing a | 12 |
| retailers' occupation tax and a service occupation tax at the | 13 |
| rate of 0.75% in the counties of DuPage, Kane, Lake, McHenry, | 14 |
| and Will, then the County Boards of DuPage, Kane, Lake, | 15 |
| McHenry, and Will counties shall each report to the General | 16 |
| Assembly, the Regional Transportation Authority, and the |
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| Commission on Government Forecasting and Accountability by | 2 |
| March 1 of the year following the adoption of the ordinance and | 3 |
| March 1 of each year thereafter. That report shall include the | 4 |
| total amounts received by the County under subsection (n) of | 5 |
| Section 4.03 of the Regional Transportation Authority Act and | 6 |
| the expenditures and obligations of the County using those | 7 |
| funds during the previous calendar year. | 8 |
| Section 5. If and only if House Bill 656 of the 95th | 9 |
| General Assembly becomes law, the Downstate Public | 10 |
| Transportation Act is amended by changing Section 2-15.2 as | 11 |
| follows: | 12 |
| (30 ILCS 740/2-15.2) | 13 |
| Sec. 2-15.2. Notwithstanding any law to the contrary, no | 14 |
| later than 60 days following the effective date of this | 15 |
| amendatory Act of the 95th General Assembly, all any fixed | 16 |
| route public transportation services provided by, or under | 17 |
| grant or purchase of service contracts of, every participant, | 18 |
| as defined in Section 2-2.02 (1)(a) , shall be provided without | 19 |
| charge to all eligible beneficiaries under Section 4(h) of the | 20 |
| Senior Citizens and Disabled Persons Property Tax Relief and | 21 |
| Pharmaceutical Assistance Act senior citizen residents of the | 22 |
| participant aged 65 and older , under such procedures conditions | 23 |
| as shall be prescribed by the participant.
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| (Source: 95HB0656enr with amv.) |
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| (70 ILCS 3605/51 rep.) | 2 |
| Section 10. If and only if House Bill 656 of the 95th | 3 |
| General Assembly becomes law, the Metropolitan Transit | 4 |
| Authority Act is amended by repealing Section 51. | 5 |
| Section 15. If and only if House Bill 656 of the 95th | 6 |
| General Assembly becomes law, the Local Mass Transit District | 7 |
| Act is amended by changing Section 8.6 as follows: | 8 |
| (70 ILCS 3610/8.6) | 9 |
| Sec. 8.6. Notwithstanding any law to the contrary, no later | 10 |
| than 60 days following the effective date of this amendatory | 11 |
| Act of the 95th General Assembly, all any fixed route public | 12 |
| transportation services provided by, or under grant or purchase | 13 |
| of service contracts of, every District shall be provided | 14 |
| without charge to all eligible beneficiaries under Section 4(h) | 15 |
| of the Senior Citizens and Disabled Persons Property Tax Relief | 16 |
| and Pharmaceutical Assistance Act senior citizens of the | 17 |
| District aged 65 and older , under such procedures conditions as | 18 |
| shall be prescribed by the District.
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| (Source: 95HB0656enr with amv.) | 20 |
| Section 20. If and only if House Bill 656 of the 95th | 21 |
| General Assembly becomes law, the Regional Transportation | 22 |
| Authority Act is amended by changing Section 2.04 as follows:
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| (70 ILCS 3615/2.04) (from Ch. 111 2/3, par. 702.04)
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| Sec. 2.04. Fares and Nature of Service. | 3 |
| (a) Whenever a Service Board provides any public | 4 |
| transportation by
operating public transportation facilities, | 5 |
| the Service Board
shall provide for the level and nature of | 6 |
| fares or charges to be made for
such services, and the nature | 7 |
| and standards of public transportation to
be so provided that | 8 |
| meet the goals and objectives adopted by the Authority in the | 9 |
| Strategic Plan. Provided, however that if the Board adopts a | 10 |
| budget and
financial plan for a Service Board in accordance | 11 |
| with the provisions in
Section 4.11(b)(5), the Board may | 12 |
| consistent with the terms of any purchase
of service contract | 13 |
| provide for the level and nature of fares
to be made for such | 14 |
| services under the jurisdiction of that Service Board,
and the | 15 |
| nature and standards of public transportation to be so | 16 |
| provided.
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| (b) Whenever a Service Board provides any public | 18 |
| transportation
pursuant to grants made after June 30, 1975, to | 19 |
| transportation agencies
for operating expenses (other than | 20 |
| with regard to experimental programs)
or pursuant to any | 21 |
| purchase of service agreement, the purchase of service
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| agreement or grant contract shall provide for the level and | 23 |
| nature of fares
or charges to be made for such services, and | 24 |
| the nature and standards of
public transportation to be so | 25 |
| provided. A Service Board
shall require all transportation |
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| agencies with which it contracts, or from
which it purchases | 2 |
| transportation services or to which it makes grants to
provide | 3 |
| half fare transportation for their student riders if any of | 4 |
| such
agencies provide for half fare transportation to their | 5 |
| student riders.
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| (c) In so providing for the fares or charges and the nature | 7 |
| and standards of
public transportation, any purchase of service | 8 |
| agreements or grant contracts
shall provide, among other | 9 |
| matters, for the terms or cost of transfers
or interconnections | 10 |
| between different modes of transportation and
different public | 11 |
| transportation agencies, schedules or routes of such
service, | 12 |
| changes which may be made in such service, the nature and
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| condition of the facilities used in providing service, the | 14 |
| manner of
collection and disposition of fares or charges, the | 15 |
| records and reports
to be kept and made concerning such | 16 |
| service, for interchangeable
tickets or other coordinated or | 17 |
| uniform methods of collection of
charges, and shall further | 18 |
| require that the transportation agency comply with any | 19 |
| determination made by the Board of the Authority under and | 20 |
| subject to the provisions of Section 2.12b of this Act. In | 21 |
| regard to any such service, the Authority and the Service
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| Boards shall give
attention to and may undertake programs to | 23 |
| promote use of public
transportation and to provide coordinated | 24 |
| ticket sales and passenger
information. In the case of a grant | 25 |
| to a transportation agency which
remains subject to Illinois | 26 |
| Commerce Commission supervision and
regulation, the Service |
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| Boards shall exercise the powers
set forth in this
Section in a | 2 |
| manner consistent with such supervision and regulation by
the | 3 |
| Illinois Commerce Commission.
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| (d) Notwithstanding any law to the contrary, no later than | 5 |
| 60 days following the effective date of this amendatory Act of | 6 |
| the 95th General Assembly, each Service Board shall provide | 7 |
| without charge fixed route public transportation services | 8 |
| provided by the Service Boards, or under grant or purchase of | 9 |
| service contracts, to all eligible beneficiaries under Section | 10 |
| 4(h) of the Senior Citizens and Disabled Persons Property Tax | 11 |
| Relief and Pharmaceutical Assistance Act, under such | 12 |
| procedures as shall be prescribed by the Authority. | 13 |
| (Source: 95HB0656enr.)
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| (70 ILCS 3615/3A.15 rep.) | 15 |
| (70 ILCS 3615/3B.14 rep.) | 16 |
| Section 25. If and only if House Bill 656 of the 95th | 17 |
| General Assembly becomes law, the Regional Transportation | 18 |
| Authority Act is amended by repealing Sections 3A.15 and 3B.14. | 19 |
| Section 30. If and only if House Bill 656 of the 95th | 20 |
| General Assembly becomes law, the Senior Citizens and Disabled | 21 |
| Persons Property Tax Relief and
Pharmaceutical Assistance Act | 22 |
| is amended by changing Sections 3.02, 3.03, 4, 8a, and 13 and | 23 |
| by adding Section 14 as follows:
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| (320 ILCS 25/3.02) (from Ch. 67 1/2, par. 403.02)
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| Sec. 3.02.
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| "Department" means the Department on Aging of Revenue of | 4 |
| this State.
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| (Source: P.A. 77-2059.)
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| (320 ILCS 25/3.03) (from Ch. 67 1/2, par. 403.03)
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| Sec. 3.03.
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| "Director" means the Director of the Department on Aging | 9 |
| Revenue of this State.
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| (Source: P.A. 77-2059.)
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| (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
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| Sec. 4. Amount of Grant.
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| (a) In general. Any individual 65 years or older or any | 14 |
| individual who will
become 65 years old during the calendar | 15 |
| year in which a claim is filed, and any
surviving spouse of | 16 |
| such a claimant, who at the time of death received or was
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| entitled to receive a grant pursuant to this Section, which | 18 |
| surviving spouse
will become 65 years of age within the 24 | 19 |
| months immediately following the
death of such claimant and | 20 |
| which surviving spouse but for his or her age is
otherwise | 21 |
| qualified to receive a grant pursuant to this Section, and any
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| disabled person whose annual household income is less than the | 23 |
| income eligibility limitation, as defined in subsection (a-5)
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| and whose household is liable for payment of property taxes |
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| accrued or has
paid rent constituting property taxes accrued | 2 |
| and is domiciled in this State
at the time he or she files his | 3 |
| or her claim is entitled to claim a
grant under this Act.
With | 4 |
| respect to claims filed by individuals who will become 65 years | 5 |
| old
during the calendar year in which a claim is filed, the | 6 |
| amount of any grant
to which that household is entitled shall | 7 |
| be an amount equal to 1/12 of the
amount to which the claimant | 8 |
| would otherwise be entitled as provided in
this Section, | 9 |
| multiplied by the number of months in which the claimant was
65 | 10 |
| in the calendar year in which the claim is filed.
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| (a-5) Income eligibility limitation. For purposes of this | 12 |
| Section, "income eligibility limitation" means an amount: | 13 |
| (i) for grant years before the 1998 grant year, less | 14 |
| than $14,000; | 15 |
| (ii) for the 1998 and 1999 grant year, less than | 16 |
| $16,000; | 17 |
| (iii) for grant years 2000 through 2007: | 18 |
| (A) less than $21,218 for a household containing | 19 |
| one person; | 20 |
| (B) less than $28,480 for a household containing 2 | 21 |
| persons; or | 22 |
| (C) less than $35,740 for a
household containing 3 | 23 |
| or more persons; or | 24 |
| (iv) for grant years 2008 and thereafter:
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| (A) less than $22,218 for a household containing | 26 |
| one person; |
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| (B) less than $29,480 for a household containing 2 | 2 |
| persons; or | 3 |
| (C) less than $36,740 for a
household containing 3 | 4 |
| or more persons. | 5 |
| (b) Limitation. Except as otherwise provided in | 6 |
| subsections (a) and (f)
of this Section, the maximum amount of | 7 |
| grant which a claimant is
entitled to claim is the amount by | 8 |
| which the property taxes accrued which
were paid or payable | 9 |
| during the last preceding tax year or rent
constituting | 10 |
| property taxes accrued upon the claimant's residence for the
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| last preceding taxable year exceeds 3 1/2% of the claimant's | 12 |
| household
income for that year but in no event is the grant to | 13 |
| exceed (i) $700 less
4.5% of household income for that year for | 14 |
| those with a household income of
$14,000 or less or (ii) $70 if | 15 |
| household income for that year is more than
$14,000.
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| (c) Public aid recipients. If household income in one or | 17 |
| more
months during a year includes cash assistance in excess of | 18 |
| $55 per month
from the Department of Healthcare and Family | 19 |
| Services or the Department of Human Services (acting
as | 20 |
| successor to the Department of Public Aid under the Department | 21 |
| of Human
Services Act) which was determined under regulations | 22 |
| of
that Department on a measure of need that included an | 23 |
| allowance for actual
rent or property taxes paid by the | 24 |
| recipient of that assistance, the amount
of grant to which that | 25 |
| household is entitled, except as otherwise provided in
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| subsection (a), shall be the product of (1) the maximum amount |
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| computed as
specified in subsection (b) of this Section and (2) | 2 |
| the ratio of the number of
months in which household income did | 3 |
| not include such cash assistance over $55
to the number twelve. | 4 |
| If household income did not include such cash assistance
over | 5 |
| $55 for any months during the year, the amount of the grant to | 6 |
| which the
household is entitled shall be the maximum amount | 7 |
| computed as specified in
subsection (b) of this Section. For | 8 |
| purposes of this paragraph (c), "cash
assistance" does not | 9 |
| include any amount received under the federal Supplemental
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| Security Income (SSI) program.
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| (d) Joint ownership. If title to the residence is held | 12 |
| jointly by
the claimant with a person who is not a member of | 13 |
| his or her household,
the amount of property taxes accrued used | 14 |
| in computing the amount of grant
to which he or she is entitled | 15 |
| shall be the same percentage of property
taxes accrued as is | 16 |
| the percentage of ownership held by the claimant in the
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| residence.
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| (e) More than one residence. If a claimant has occupied | 19 |
| more than
one residence in the taxable year, he or she may | 20 |
| claim only one residence
for any part of a month. In the case | 21 |
| of property taxes accrued, he or she
shall prorate 1/12 of the | 22 |
| total property taxes accrued on
his or her residence to each | 23 |
| month that he or she owned and occupied
that residence; and, in | 24 |
| the case of rent constituting property taxes accrued,
shall | 25 |
| prorate each month's rent payments to the residence
actually | 26 |
| occupied during that month.
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| (f) There is hereby established a program of pharmaceutical | 2 |
| assistance
to the aged and disabled which shall be administered | 3 |
| by the Department in
accordance with this Act, to consist of | 4 |
| payments to authorized pharmacies, on
behalf of beneficiaries | 5 |
| of the program, for the reasonable costs of covered
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| prescription drugs. Each beneficiary who pays $5 for an | 7 |
| identification card
shall pay no additional prescription | 8 |
| costs. Each beneficiary who pays $25 for
an identification card | 9 |
| shall pay $3 per prescription. In addition, after a
beneficiary | 10 |
| receives $2,000 in benefits during a State fiscal year, that
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| beneficiary shall also be charged 20% of the cost of each | 12 |
| prescription for
which payments are made by the program during | 13 |
| the remainder of the fiscal
year. To become a beneficiary under | 14 |
| this program a person must: (1)
be (i) 65 years of age or | 15 |
| older, or (ii) the surviving spouse of such
a claimant, who at | 16 |
| the time of death received or was entitled to receive
benefits | 17 |
| pursuant to this subsection, which surviving spouse will become | 18 |
| 65
years of age within the 24 months immediately following the | 19 |
| death of such
claimant and which surviving spouse but for his | 20 |
| or her age is otherwise
qualified to receive benefits pursuant | 21 |
| to this subsection, or (iii) disabled,
and (2) be domiciled in | 22 |
| this State at the time he or she files
his or her claim, and (3) | 23 |
| have a maximum household income of less
than the income | 24 |
| eligibility limitation, as defined in subsection (a-5). In | 25 |
| addition, each eligible person must (1) obtain an
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| identification card from the Department, (2) at the time the |
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| card is obtained,
sign a statement assigning to the State of | 2 |
| Illinois benefits which may be
otherwise claimed under any | 3 |
| private insurance plans, and (3) present the
identification | 4 |
| card to the dispensing pharmacist.
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| The Department may adopt rules specifying
participation
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| requirements for the pharmaceutical assistance program, | 7 |
| including copayment
amounts,
identification card fees, | 8 |
| expenditure limits, and the benefit threshold after
which a 20% | 9 |
| charge is imposed on the cost of each prescription, to be in
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| effect on and
after July 1, 2004.
Notwithstanding any other | 11 |
| provision of this paragraph, however, the Department
may not
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| increase the identification card fee above the amount in effect | 13 |
| on May 1, 2003
without
the express consent of the General | 14 |
| Assembly.
To the extent practicable, those requirements shall | 15 |
| be
commensurate
with the requirements provided in rules adopted | 16 |
| by the Department of Healthcare and Family Services
to
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| implement the pharmacy assistance program under Section | 18 |
| 5-5.12a of the Illinois
Public
Aid Code.
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| Whenever a generic equivalent for a covered prescription | 20 |
| drug is available,
the Department shall reimburse only for the | 21 |
| reasonable costs of the generic
equivalent, less the co-pay | 22 |
| established in this Section, unless (i) the covered
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| prescription drug contains one or more ingredients defined as a | 24 |
| narrow
therapeutic index drug at 21 CFR 320.33, (ii) the | 25 |
| prescriber indicates on the
face of the prescription "brand | 26 |
| medically necessary", and (iii) the prescriber
specifies that a |
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| substitution is not permitted. When issuing an oral
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| prescription for covered prescription medication described in | 3 |
| item (i) of this
paragraph, the prescriber shall stipulate | 4 |
| "brand medically necessary" and
that a substitution is not | 5 |
| permitted. If the covered prescription drug and its
authorizing | 6 |
| prescription do not meet the criteria listed above, the | 7 |
| beneficiary
may purchase the non-generic equivalent of the | 8 |
| covered prescription drug by
paying the difference between the | 9 |
| generic cost and the non-generic cost plus
the beneficiary | 10 |
| co-pay.
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| Any person otherwise eligible for pharmaceutical | 12 |
| assistance under this
Act whose covered drugs are covered by | 13 |
| any public program for assistance in
purchasing any covered | 14 |
| prescription drugs shall be ineligible for assistance
under | 15 |
| this Act to the extent such costs are covered by such other | 16 |
| plan.
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| The fee to be charged by the Department for the | 18 |
| identification card shall
be equal to $5 per coverage year for | 19 |
| persons below the official poverty line
as defined by the | 20 |
| United States Department of Health and Human Services and
$25 | 21 |
| per coverage year for all other persons.
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| In the event that 2 or more persons are eligible for any | 23 |
| benefit under
this Act, and are members of the same household, | 24 |
| (1) each such person shall
be entitled to participate in the | 25 |
| pharmaceutical assistance program, provided
that he or she | 26 |
| meets all other requirements imposed by this subsection
and (2) |
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| each participating household member contributes the fee | 2 |
| required
for that person by the preceding paragraph for the | 3 |
| purpose
of obtaining an identification card. | 4 |
| The provisions of this subsection (f), other than this | 5 |
| paragraph, are inoperative after December 31, 2005. | 6 |
| Beneficiaries who received benefits under the program | 7 |
| established by this subsection (f) are not entitled, at the | 8 |
| termination of the program, to any refund of the identification | 9 |
| card fee paid under this subsection. | 10 |
| (g) Effective January 1, 2006, there is hereby established | 11 |
| a program of pharmaceutical assistance to the aged and | 12 |
| disabled, entitled the Illinois Seniors and Disabled Drug | 13 |
| Coverage Program, which shall be administered by the Department | 14 |
| of Healthcare and Family Services and the Department on Aging | 15 |
| in accordance with this subsection, to consist of coverage of | 16 |
| specified prescription drugs on behalf of beneficiaries of the | 17 |
| program as set forth in this subsection. The program under this | 18 |
| subsection replaces and supersedes the program established | 19 |
| under subsection (f), which shall end at midnight on December | 20 |
| 31, 2005. | 21 |
| To become a beneficiary under the program established under | 22 |
| this subsection, a person must: | 23 |
| (1) be (i) 65 years of age or older or (ii) disabled; | 24 |
| and | 25 |
| (2) be domiciled in this State; and | 26 |
| (3) enroll with a qualified Medicare Part D |
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| Prescription Drug Plan if eligible and apply for all | 2 |
| available subsidies under Medicare Part D; and | 3 |
| (4) meet the income eligibility limitation set forth in | 4 |
| subsection (a-5) of this Section have a maximum household | 5 |
| income of (i) less than $21,218 for a household containing | 6 |
| one person, (ii) less than $28,480 for a household | 7 |
| containing 2 persons, or (iii) less than $35,740 for a | 8 |
| household containing 3 or more persons . If the any income | 9 |
| eligibility limitation limit set forth in subsection (a-5) | 10 |
| items (i) through (iii) is less than 200% of the Federal | 11 |
| Poverty Level for any year, the income eligibility | 12 |
| limitation limit for that year for households of that size | 13 |
| shall be income equal to or less than 200% of the Federal | 14 |
| Poverty Level. | 15 |
| All individuals enrolled as of December 31, 2005, in the | 16 |
| pharmaceutical assistance program operated pursuant to | 17 |
| subsection (f) of this Section and all individuals enrolled as | 18 |
| of December 31, 2005, in the SeniorCare Medicaid waiver program | 19 |
| operated pursuant to Section 5-5.12a of the Illinois Public Aid | 20 |
| Code shall be automatically enrolled in the program established | 21 |
| by this subsection for the first year of operation without the | 22 |
| need for further application, except that they must apply for | 23 |
| Medicare Part D and the Low Income Subsidy under Medicare Part | 24 |
| D. A person enrolled in the pharmaceutical assistance program | 25 |
| operated pursuant to subsection (f) of this Section as of | 26 |
| December 31, 2005, shall not lose eligibility in future years |
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| due only to the fact that they have not reached the age of 65. | 2 |
| To the extent permitted by federal law, the Department may | 3 |
| act as an authorized representative of a beneficiary in order | 4 |
| to enroll the beneficiary in a Medicare Part D Prescription | 5 |
| Drug Plan if the beneficiary has failed to choose a plan and, | 6 |
| where possible, to enroll beneficiaries in the low-income | 7 |
| subsidy program under Medicare Part D or assist them in | 8 |
| enrolling in that program. | 9 |
| Beneficiaries under the program established under this | 10 |
| subsection shall be divided into the following 5 eligibility | 11 |
| groups: | 12 |
| (A) Eligibility Group 1 shall consist of beneficiaries | 13 |
| who are not eligible for Medicare Part D coverage and who
| 14 |
| are: | 15 |
| (i) disabled and under age 65; or | 16 |
| (ii) age 65 or older, with incomes over 200% of the | 17 |
| Federal Poverty Level; or | 18 |
| (iii) age 65 or older, with incomes at or below | 19 |
| 200% of the Federal Poverty Level and not eligible for | 20 |
| federally funded means-tested benefits due to | 21 |
| immigration status. | 22 |
| (B) Eligibility Group 2 shall consist of beneficiaries | 23 |
| otherwise described in Eligibility Group 1 but who are | 24 |
| eligible for Medicare Part D coverage. | 25 |
| (C) Eligibility Group 3 shall consist of beneficiaries | 26 |
| age 65 or older, with incomes at or below 200% of the |
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| Federal Poverty Level, who are not barred from receiving | 2 |
| federally funded means-tested benefits due to immigration | 3 |
| status and are eligible for Medicare Part D coverage. | 4 |
| (D) Eligibility Group 4 shall consist of beneficiaries | 5 |
| age 65 or older, with incomes at or below 200% of the | 6 |
| Federal Poverty Level, who are not barred from receiving | 7 |
| federally funded means-tested benefits due to immigration | 8 |
| status and are not eligible for Medicare Part D coverage. | 9 |
| If the State applies and receives federal approval for | 10 |
| a waiver under Title XIX of the Social Security Act, | 11 |
| persons in Eligibility Group 4 shall continue to receive | 12 |
| benefits through the approved waiver, and Eligibility | 13 |
| Group 4 may be expanded to include disabled persons under | 14 |
| age 65 with incomes under 200% of the Federal Poverty Level | 15 |
| who are not eligible for Medicare and who are not barred | 16 |
| from receiving federally funded means-tested benefits due | 17 |
| to immigration status. | 18 |
| (E) On and after January 1, 2007, Eligibility Group 5 | 19 |
| shall consist of beneficiaries who are otherwise described | 20 |
| in Eligibility Groups 2 and 3 who have a diagnosis of HIV | 21 |
| or AIDS.
| 22 |
| The program established under this subsection shall cover | 23 |
| the cost of covered prescription drugs in excess of the | 24 |
| beneficiary cost-sharing amounts set forth in this paragraph | 25 |
| that are not covered by Medicare. In 2006, beneficiaries shall | 26 |
| pay a co-payment of $2 for each prescription of a generic drug |
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| and $5 for each prescription of a brand-name drug. In future | 2 |
| years, beneficiaries shall pay co-payments equal to the | 3 |
| co-payments required under Medicare Part D for "other | 4 |
| low-income subsidy eligible individuals" pursuant to 42 CFR | 5 |
| 423.782(b). For individuals in Eligibility Groups 1, 2, 3, and | 6 |
| 4, once the program established under this subsection and | 7 |
| Medicare combined have paid $1,750 in a year for covered | 8 |
| prescription drugs, the beneficiary shall pay 20% of the cost | 9 |
| of each prescription in addition to the co-payments set forth | 10 |
| in this paragraph. For individuals in Eligibility Group 5, once | 11 |
| the program established under this subsection and Medicare | 12 |
| combined have paid $1,750 in a year for covered prescription | 13 |
| drugs, the beneficiary shall pay 20% of the cost of each | 14 |
| prescription in addition to the co-payments set forth in this | 15 |
| paragraph unless the drug is included in the formulary of the | 16 |
| Illinois AIDS Drug Assistance Program operated by the Illinois | 17 |
| Department of Public Health. If the drug is included in the | 18 |
| formulary of the Illinois AIDS Drug Assistance Program, | 19 |
| individuals in Eligibility Group 5 shall continue to pay the | 20 |
| co-payments set forth in this paragraph after the program | 21 |
| established under this subsection and Medicare combined have | 22 |
| paid $1,750 in a year for covered prescription drugs.
| 23 |
| For beneficiaries eligible for Medicare Part D coverage, | 24 |
| the program established under this subsection shall pay 100% of | 25 |
| the premiums charged by a qualified Medicare Part D | 26 |
| Prescription Drug Plan for Medicare Part D basic prescription |
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| drug coverage, not including any late enrollment penalties. | 2 |
| Qualified Medicare Part D Prescription Drug Plans may be | 3 |
| limited by the Department of Healthcare and Family Services to | 4 |
| those plans that sign a coordination agreement with the | 5 |
| Department. | 6 |
| Notwithstanding Section 3.15, for purposes of the program | 7 |
| established under this subsection, the term "covered | 8 |
| prescription drug" has the following meanings: | 9 |
| For Eligibility Group 1, "covered prescription drug" | 10 |
| means: (1) any cardiovascular agent or drug; (2) any | 11 |
| insulin or other prescription drug used in the treatment of | 12 |
| diabetes, including syringe and needles used to administer | 13 |
| the insulin; (3) any prescription drug used in the | 14 |
| treatment of arthritis; (4) any prescription drug used in | 15 |
| the treatment of cancer; (5) any prescription drug used in | 16 |
| the treatment of Alzheimer's disease; (6) any prescription | 17 |
| drug used in the treatment of Parkinson's disease; (7) any | 18 |
| prescription drug used in the treatment of glaucoma; (8) | 19 |
| any prescription drug used in the treatment of lung disease | 20 |
| and smoking-related illnesses; (9) any prescription drug | 21 |
| used in the treatment of osteoporosis; and (10) any | 22 |
| prescription drug used in the treatment of multiple | 23 |
| sclerosis. The Department may add additional therapeutic | 24 |
| classes by rule. The Department may adopt a preferred drug | 25 |
| list within any of the classes of drugs described in items | 26 |
| (1) through (10) of this paragraph. The specific drugs or |
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| therapeutic classes of covered prescription drugs shall be | 2 |
| indicated by rule. | 3 |
| For Eligibility Group 2, "covered prescription drug" | 4 |
| means those drugs covered for Eligibility Group 1 that are | 5 |
| also covered by the Medicare Part D Prescription Drug Plan | 6 |
| in which the beneficiary is enrolled. | 7 |
| For Eligibility Group 3, "covered prescription drug" | 8 |
| means those drugs covered by the Medicare Part D | 9 |
| Prescription Drug Plan in which the beneficiary is | 10 |
| enrolled. | 11 |
| For Eligibility Group 4, "covered prescription drug" | 12 |
| means those drugs covered by the Medical Assistance Program | 13 |
| under Article V of the Illinois Public Aid Code. | 14 |
| For Eligibility Group 5, for individuals otherwise | 15 |
| described in Eligibility Group 2, "covered prescription | 16 |
| drug" means:
(1) those drugs covered for Eligibility Group | 17 |
| 2 that are also covered by the Medicare Part D Prescription | 18 |
| Drug Plan in which the beneficiary is enrolled; and
(2) | 19 |
| those drugs included in the formulary of the Illinois AIDS | 20 |
| Drug Assistance Program operated by the Illinois | 21 |
| Department of Public Health that are also covered by the | 22 |
| Medicare Part D Prescription Drug Plan in which the | 23 |
| beneficiary is enrolled.
For Eligibility Group 5, for | 24 |
| individuals otherwise described in Eligibility Group 3, | 25 |
| "covered prescription drug" means those drugs covered by | 26 |
| the Medicare Part D Prescription Drug Plan in which the |
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| beneficiary is enrolled. | 2 |
| An individual in Eligibility Group 1, 2, 3, 4, or 5 may opt | 3 |
| to receive a $25 monthly payment in lieu of the direct coverage | 4 |
| described in this subsection. | 5 |
| Any person otherwise eligible for pharmaceutical | 6 |
| assistance under this subsection whose covered drugs are | 7 |
| covered by any public program is ineligible for assistance | 8 |
| under this subsection to the extent that the cost of those | 9 |
| drugs is covered by the other program. | 10 |
| The Department of Healthcare and Family Services shall | 11 |
| establish by rule the methods by which it will provide for the | 12 |
| coverage called for in this subsection. Those methods may | 13 |
| include direct reimbursement to pharmacies or the payment of a | 14 |
| capitated amount to Medicare Part D Prescription Drug Plans. | 15 |
| For a pharmacy to be reimbursed under the program | 16 |
| established under this subsection, it must comply with rules | 17 |
| adopted by the Department of Healthcare and Family Services | 18 |
| regarding coordination of benefits with Medicare Part D | 19 |
| Prescription Drug Plans. A pharmacy may not charge a | 20 |
| Medicare-enrolled beneficiary of the program established under | 21 |
| this subsection more for a covered prescription drug than the | 22 |
| appropriate Medicare cost-sharing less any payment from or on | 23 |
| behalf of the Department of Healthcare and Family Services. | 24 |
| The Department of Healthcare and Family Services or the | 25 |
| Department on Aging, as appropriate, may adopt rules regarding | 26 |
| applications, counting of income, proof of Medicare status, |
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| mandatory generic policies, and pharmacy reimbursement rates | 2 |
| and any other rules necessary for the cost-efficient operation | 3 |
| of the program established under this subsection.
| 4 |
| (h) There is hereby established a program to provide public | 5 |
| transportation without charge on any fixed route in the State, | 6 |
| which shall be administered by the Department in accordance | 7 |
| with this Act. To become a beneficiary under this program a | 8 |
| person must: (1) be (i) 65 years of age or older, or (ii) the | 9 |
| surviving spouse of such a claimant, who at the time of death | 10 |
| received or was entitled to receive benefits pursuant to this | 11 |
| subsection, which surviving spouse will become 65 years of age | 12 |
| within the 24 months immediately following the death of such | 13 |
| claimant and which surviving spouse but for his or her age is | 14 |
| otherwise qualified to receive benefits pursuant to this | 15 |
| subsection, or (iii) disabled, and (2) be domiciled in this | 16 |
| State at the time he or she files his or her claim, and (3) meet | 17 |
| the income eligibility limitation as set forth in subsection | 18 |
| (a-5) of this Section. Once eligibility has been established, | 19 |
| the Department must send a document indicating the | 20 |
| beneficiary's eligibility for this program. The document, | 21 |
| along with a state-issued photo identification card, shall | 22 |
| serve as proof of eligibility. Within 60 days after the | 23 |
| effective date of this amendatory Act of the 95th General | 24 |
| Assembly, the Department must send the document to all eligible | 25 |
| recipients of the program for the current claim year. | 26 |
| (Source: P.A. 94-86, eff. 1-1-06; 94-909, eff. 6-23-06; 95-208, |
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| eff. 8-16-07; 95-644, eff. 10-12-07; revised 10-25-07.)
| 2 |
| (320 ILCS 25/8a) (from Ch. 67 1/2, par. 408.1)
| 3 |
| Sec. 8a. Confidentiality.
| 4 |
| (a) Except as otherwise provided in this Act all
| 5 |
| information received by the Department from claims filed under | 6 |
| this Act, or
from any investigation conducted under the | 7 |
| provisions
of this Act, shall be confidential, except for | 8 |
| official purposes within
the Department or pursuant to official
| 9 |
| procedures for collection of any State tax or enforcement of | 10 |
| any civil or
criminal penalty or sanction imposed
by this Act | 11 |
| or by any statute imposing a State tax, and any person who | 12 |
| divulges
any such information in any
manner, except for such | 13 |
| purposes and pursuant to order of the Director or
in accordance | 14 |
| with a proper judicial order, shall be guilty of a Class A
| 15 |
| misdemeanor.
| 16 |
| (b) Nothing contained in this Act shall prevent the | 17 |
| Director from publishing
or making available reasonable | 18 |
| statistics concerning the operation of the
grant programs | 19 |
| contained in this Act wherein the contents
of claims are | 20 |
| grouped into aggregates in such a way that information | 21 |
| contained
in any individual claim shall not be disclosed.
| 22 |
| (c) The Department shall furnish to the Secretary of State | 23 |
| such
information as is reasonably necessary for the | 24 |
| administration of reduced
vehicle registration fees pursuant | 25 |
| to Section 3-806.3 of "The Illinois Vehicle
Code".
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| (d) The Department shall furnish to any transit agency in | 2 |
| the State such information as is reasonably necessary for the | 3 |
| administration of the transit program pursuant to Section 4(h) | 4 |
| of this Act. | 5 |
| (Source: P.A. 89-399, eff. 8-20-95.)
| 6 |
| (320 ILCS 25/13) (from Ch. 67 1/2, par. 413)
| 7 |
| Sec. 13. The Department on Aging of Revenue shall maintain | 8 |
| a list of all
persons who have qualified under this Act and | 9 |
| shall make the list
available to municipalities upon request.
| 10 |
| All information received by a municipality under this | 11 |
| Section
shall be confidential, except for official purposes, | 12 |
| and any
person who divulges or uses that information in any | 13 |
| manner,
except in accordance with a proper judicial order, | 14 |
| shall be
guilty of a Class B misdemeanor.
| 15 |
| (Source: P.A. 87-247.)
| 16 |
| (320 ILCS 25/14 new) | 17 |
| Sec. 14. Annual report. On or before March 1, 2009, and | 18 |
| each March 1 thereafter, the Department shall file with the | 19 |
| Governor and the General Assembly: (A) a statistical report for | 20 |
| the previous calendar year (i) concerning the utilization of | 21 |
| all benefits provided under this Act and also (ii) concerning | 22 |
| the number of applicants, the number of eligible beneficiaries, | 23 |
| the number of transit participants or districts, and the | 24 |
| utilization of the program to provide free public |
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| transportation under subsection (h) of Section 4; and (B) a | 2 |
| statistical report estimating future utilization of all | 3 |
| benefits provided under this Act.
| 4 |
| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.".
|
|