State of Illinois
92nd General Assembly
Legislation

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92_HB1543

 
                                               LRB9203527DJgc

 1        AN ACT in relation to aging.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Senior  Citizens  and  Disabled Persons
 5    Property Tax Relief  and  Pharmaceutical  Assistance  Act  is
 6    amended 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,
10    the Department shall determine  whether  the  claimant  is  a
11    person  entitled  to a grant under this Act and the amount of
12    grant to which he is entitled under this Act. The  Department
13    may  require  the claimant to furnish reasonable proof of the
14    statements of domicile, household income, rent paid, property
15    taxes accrued and  other  matters  on  which  entitlement  is
16    based,  and  may  withhold  payment  of  a  grant  until such
17    additional proof is furnished.
18        (b)  Rental determination.  If the Department finds  that
19    the  gross rent used in the computation by a claimant of rent
20    constituting property taxes accrued exceeds the  fair  rental
21    value  for the right to occupy that residence, the Department
22    may determine the fair rental value for  that  residence  and
23    recompute    rent   constituting   property   taxes   accrued
24    accordingly.
25        (c)  Fraudulent claims.  The Department shall deny claims
26    which have been fraudulently prepared or when it  finds  that
27    the  claimant has acquired title to his residence or has paid
28    rent for his residence primarily for the purpose of receiving
29    a grant under this Act.
30        (d)  Pharmaceutical Assistance.    The  Department  shall
31    allow all pharmacies licensed under the Pharmacy Practice Act
 
                            -2-                LRB9203527DJgc
 1    of  1987  to participate as authorized pharmacies unless they
 2    have been removed from that status for cause pursuant to  the
 3    terms  of  this  Section.  The Director of the Department may
 4    enter  into  a  written  contract  with  any  State   agency,
 5    instrumentality   or   political  subdivision,  or  a  fiscal
 6    intermediary for the purpose of making payments to authorized
 7    pharmacies for covered prescription  drugs  and  coordinating
 8    the  program of pharmaceutical assistance established by this
 9    Act with other programs  that  provide  payment  for  covered
10    prescription   drugs.    Such   agreement   shall   establish
11    procedures  for  properly  contracting for pharmacy services,
12    validating reimbursement  claims,  validating  compliance  of
13    dispensing  pharmacists  with the contracts for participation
14    required under this Section, validating the reasonable  costs
15    of  covered  prescription  drugs, and otherwise providing for
16    the effective administration of this Act.
17        The Department shall promulgate rules and regulations  to
18    implement   and  administer  the  program  of  pharmaceutical
19    assistance required by this  Act,  which  shall  include  the
20    following:
21             (1)  Execution   of  contracts  with  pharmacies  to
22        dispense covered prescription drugs. Such contracts shall
23        stipulate terms and conditions for authorized  pharmacies
24        participation  and  the  rights of the State to terminate
25        such participation for breach of  such  contract  or  for
26        violation of this Act or related rules and regulations of
27        the Department;
28             (2)  Establishment  of maximum limits on the size of
29        prescriptions, new or refilled, which shall be in amounts
30        sufficient for 34 days, except as otherwise specified  by
31        rule for medical or utilization control reasons;
32             (3)  Establishment  of liens upon any and all causes
33        of action which accrue to a beneficiary as  a  result  of
34        injuries   for   which  covered  prescription  drugs  are
 
                            -3-                LRB9203527DJgc
 1        directly  or  indirectly  required  and  for  which   the
 2        Director  made  payment  or  became liable for under this
 3        Act;
 4             (4)  Charge or collection  of  payments  from  third
 5        parties  or  private  plans  of assistance, or from other
 6        programs of public  assistance  for  any  claim  that  is
 7        properly  chargeable  under  the  assignment  of benefits
 8        executed by beneficiaries as a requirement of eligibility
 9        for the  pharmaceutical  assistance  identification  card
10        under this Act;
11             (5)  Inspection  of appropriate records and audit of
12        participating authorized pharmacies  to  ensure  contract
13        compliance,  and to determine any fraudulent transactions
14        or practices under this Act;
15             (6)  Annual determination of the reasonable costs of
16        covered prescription drugs for which  payments  are  made
17        under this Act, as provided in Section 3.16;
18             (7)  Payment   to   pharmacies  under  this  Act  in
19        accordance with the State Prompt Payment Act.
20        The Department shall annually report to the Governor  and
21    the  General  Assembly  by  March  1st  of  each  year on the
22    administration of pharmaceutical assistance under  this  Act.
23    By  the  effective  date  of  this  Act  the Department shall
24    determine the reasonable costs of covered prescription  drugs
25    in accordance with Section 3.16 of this Act.
26    (Source: P.A. 91-357, eff. 7-29-99.)

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