[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] | [ House Amendment 002 ] |
92_HB0005eng HB0005 Engrossed LRB9201217SMdv 1 AN ACT concerning property tax relief and pharmaceutical 2 assistance. 3 Section 5. The Senior Citizens and Disabled Persons 4 Property Tax Relief and Pharmaceutical Assistance Act is 5 amended by changing Sections 3.15 and 4 and by adding 6 Sections 3.18 and 3.19 as follows: 7 (320 ILCS 25/3.15) (from Ch. 67 1/2, par. 403.15) 8 Sec. 3.15. "Covered prescription drug" means (1) any 9 cardiovascular agent or drug; (2) any insulin or other 10 prescription drug used in the treatment of diabetes, 11 including syringe and needles used to administer the insulin; 12 (3) any prescription drug used in the treatment of arthritis, 13 (4) beginning on January 1, 2001, any prescription drug used 14 in the treatment of cancer, (5) beginning on January 1, 2001, 15 any prescription drug used in the treatment of Alzheimer's 16 disease, (6) beginning on January 1, 2001, any prescription 17 drug used in the treatment of Parkinson's disease, (7) 18 beginning on January 1, 2001, any prescription drug used in 19 the treatment of glaucoma,and(8) beginning on January 1, 20 2001, any prescription drug used in the treatment of lung 21 disease and smoking related illnesses, and (9) beginning on 22 January 1, 2002, any prescription drug used in the treatment 23 of osteoporosis. The specific agents or products to be 24 included under such categories shall be listed in a handbook 25 to be prepared and distributed by the Department. The 26 general types of covered prescription drugs shall be 27 indicated by rule. The Department of Public Health shall 28 promulgate a list of covered prescription drugs under this 29 program that meet the definition of a narrow therapeutic 30 index drug as described in subsection (f) of Section 4. 31 (Source: P.A. 91-699, eff. 1-1-01.) HB0005 Engrossed -2- LRB9201217SMdv 1 (320 ILCS 25/3.18 new) 2 Sec. 3.18. Drug used in the treatment of. "Drug used in 3 the treatment of" means (i) a drug used to treat a specified 4 disease or illness or secondary conditions caused by the 5 disease or illness and (ii) a drug used to treat side effects 6 resulting from the use of a drug used to treat the disease or 7 illness. 8 (320 ILCS 25/3.19 new) 9 Sec. 3.19. Disease. "Disease" means a chronic and 10 possibly recurrent illness of long duration, as distinguished 11 from an acute illness that is of short duration with recovery 12 due to limited medical treatment. "Disease" also includes 13 pneumonia, bronchitis, or other similar illnesses. 14 (320 ILCS 25/4) (from Ch. 67 1/2, par. 404) 15 Sec. 4. Amount of Grant. 16 (a) In general. Any individual 65 years or older or any 17 individual who will become 65 years old during the calendar 18 year in which a claim is filed, and any surviving spouse of 19 such a claimant, who at the time of death received or was 20 entitled to receive a grant pursuant to this Section, which 21 surviving spouse will become 65 years of age within the 24 22 months immediately following the death of such claimant and 23 which surviving spouse but for his or her age is otherwise 24 qualified to receive a grant pursuant to this Section, and 25 any disabled person whose annual household income is less 26 than $14,000 for grant years before the 1998 grant year, less 27 than $16,000 for the 1998 and 1999 grant years,andless than 28 (i) $21,218 for a household containing one person, (ii) 29 $28,480 for a household containing 2 persons, or (iii) 30 $35,740 for a household containing 3 or more persons for the 31 2000 grant year, and less than (i) $28,000 for a household 32 containing one person, (ii) $35,000 for a household HB0005 Engrossed -3- LRB9201217SMdv 1 containing 2 persons, or (iii) $42,000 for a household 2 containing 3 or more persons for the 2001 grant year and 3 thereafter and whose household is liable for payment of 4 property taxes accrued or has paid rent constituting property 5 taxes accrued and is domiciled in this State at the time he 6 files his claim is entitled to claim a grant under this Act. 7 With respect to claims filed by individuals who will become 8 65 years old during the calendar year in which a claim is 9 filed, the amount of any grant to which that household is 10 entitled shall be an amount equal to 1/12 of the amount to 11 which the claimant would otherwise be entitled as provided in 12 this Section, multiplied by the number of months in which the 13 claimant was 65 in the calendar year in which the claim is 14 filed. 15 (b) Limitation. Except as otherwise provided in 16 subsections (a) and (f) of this Section, the maximum amount 17 of grant which a claimant is entitled to claim is the amount 18 by which the property taxes accrued which were paid or 19 payable during the last preceding tax year or rent 20 constituting property taxes accrued upon the claimant's 21 residence for the last preceding taxable year exceeds 3 1/2% 22 of the claimant's household income for that year but in no 23 event is the grant to exceed (i) $700 less 4.5% of household 24 income for that year for those with a household income of 25 $14,000 or less or (ii) $70 if household income for that year 26 is more than $14,000. 27 (c) Public aid recipients. If household income in one 28 or more months during a year includes cash assistance in 29 excess of $55 per month from the Department of Public Aid or 30 the Department of Human Services (acting as successor to the 31 Department of Public Aid under the Department of Human 32 Services Act) which was determined under regulations of that 33 Department on a measure of need that included an allowance 34 for actual rent or property taxes paid by the recipient of HB0005 Engrossed -4- LRB9201217SMdv 1 that assistance, the amount of grant to which that household 2 is entitled, except as otherwise provided in subsection (a), 3 shall be the product of (1) the maximum amount computed as 4 specified in subsection (b) of this Section and (2) the ratio 5 of the number of months in which household income did not 6 include such cash assistance over $55 to the number twelve. 7 If household income did not include such cash assistance over 8 $55 for any months during the year, the amount of the grant 9 to which the household is entitled shall be the maximum 10 amount computed as specified in subsection (b) of this 11 Section. For purposes of this paragraph (c), "cash 12 assistance" does not include any amount received under the 13 federal Supplemental Security Income (SSI) program. 14 (d) Joint ownership. If title to the residence is held 15 jointly by the claimant with a person who is not a member of 16 his household, the amount of property taxes accrued used in 17 computing the amount of grant to which he is entitled shall 18 be the same percentage of property taxes accrued as is the 19 percentage of ownership held by the claimant in the 20 residence. 21 (e) More than one residence. If a claimant has occupied 22 more than one residence in the taxable year, he may claim 23 only one residence for any part of a month. In the case of 24 property taxes accrued, he shall pro rate 1/12 of the total 25 property taxes accrued on his residence to each month that he 26 owned and occupied that residence; and, in the case of rent 27 constituting property taxes accrued, shall pro rate each 28 month's rent payments to the residence actually occupied 29 during that month. 30 (f) There is hereby established a program of 31 pharmaceutical assistance to the aged and disabled which 32 shall be administered by the Department in accordance with 33 this Act, to consist of payments to authorized pharmacies, on 34 behalf of beneficiaries of the program, for the reasonable HB0005 Engrossed -5- LRB9201217SMdv 1 costs of covered prescription drugs. Each beneficiary who 2 pays $5 for an identification card shall pay no additional 3 prescription costs. Each beneficiary who pays $25 for an 4 identification card shall pay $3 per prescription. In 5 addition, after a beneficiary receives $2,000 in benefits 6 during a State fiscal year through December 31, 2001 and, on 7 and after January 1, 2002, after a beneficiary receives 8 $2,000 in benefits during a calendar year, that beneficiary 9 shall also be charged 20% of the cost of each prescription 10 for which payments are made by the program during the 11 remainder of the fiscal year through December 31, 2001 and, 12 on and after January 1, 2002, during the remainder of the 13 calendar year. To become a beneficiary under this program a 14 person must be: (1) (i) 65 years or older, or (ii) the 15 surviving spouse of such a claimant, who at the time of death 16 received or was entitled to receive benefits pursuant to this 17 subsection, which surviving spouse will become 65 years of 18 age within the 24 months immediately following the death of 19 such claimant and which surviving spouse but for his or her 20 age is otherwise qualified to receive benefits pursuant to 21 this subsection, or (iii) disabled, and (2) is domiciled in 22 this State at the time he files his or her claim, and (3) has 23 a maximum household income of less than $14,000 for grant 24 years before the 1998 grant year, less than $16,000 for the 25 1998 and 1999 grant years,andless than (i) $21,218 for a 26 household containing one person, (ii) $28,480 for a household 27 containing 2 persons, or (iii) $35,740 for a household 28 containing 3 more persons for the 2000 grant year, and less 29 than (i) $28,000 for a household containing one person, (ii) 30 $35,000 for a household containing 2 persons, or (iii) 31 $42,000 for a household containing 3 or more persons for the 32 2001 grant year and thereafter. In addition, each eligible 33 person must (1) obtain an identification card from the 34 Department, (2) at the time the card is obtained, sign a HB0005 Engrossed -6- LRB9201217SMdv 1 statement assigning to the State of Illinois benefits which 2 may be otherwise claimed under any private insurance plans, 3 (3) present the identification card to the dispensing 4 pharmacist. 5 Whenever a generic equivalent for a covered prescription 6 drug is available, the Department shall reimburse only for 7 the reasonable costs of the generic equivalent, less the 8 co-pay established in this Section, unless (i) the covered 9 prescription drug contains one or more ingredients defined as 10 a narrow therapeutic index drug at 21 CFR 320.33, (ii) the 11 prescriber indicates on the face of the prescription "brand 12 medically necessary", and (iii) the prescriber specifies that 13 a substitution is not permitted. When issuing an oral 14 prescription for covered prescription medication described in 15 item (i) of this paragraph, the prescriber shall stipulate 16 "brand medically necessary" and that a substitution is not 17 permitted. If the covered prescription drug and its 18 authorizing prescription do not meet the criteria listed 19 above, the beneficiary may purchase the non-generic 20 equivalent of the covered prescription drug by paying the 21 difference between the generic cost and the non-generic cost 22 plus the beneficiary co-pay. 23 Any person otherwise eligible for pharmaceutical 24 assistance under this Act whose covered drugs are covered by 25 any public program for assistance in purchasing any covered 26 prescription drugs shall be ineligible for assistance under 27 this Act to the extent such costs are covered by such other 28 plan. 29 The fee to be charged by the Department for the 30 identification card shall be equal to $5 per coverage year 31 for persons below the official poverty line as defined by the 32 United States Department of Health and Human Services and $25 33 per coverage year for all other persons. On and before 34 December 31, 2001, coverage under this pharmaceutical HB0005 Engrossed -7- LRB9201217SMdv 1 assistance program shall begin on the date of application 2 approval and be in effect for 12 months. On and after January 3 1, 2002, coverage under this pharmaceutical assistance 4 program shall be in effect on a calendar year basis. 5 In the event that 2 or more persons are eligible for any 6 benefit under this Act, and are members of the same 7 household, (1) each such person shall be entitled to 8 participate in the pharmaceutical assistance program, 9 provided that he or she meets all other requirements imposed 10 by this subsection and (2) each participating household 11 member contributes the fee required for that person by the 12 preceding paragraph for the purpose of obtaining an 13 identification card. 14 (Source: P.A. 90-650, eff. 7-27-98; 91-357, eff. 7-29-99; 15 91-699, eff. 1-1-01.) 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.