State of Illinois
92nd General Assembly
Legislation

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92_SB1493eng

 
SB1493 Engrossed                              LRB9207067ACcdA

 1        AN ACT  in  relation  to  senior  citizens  and  disabled
 2    persons.

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

 5        Section 5.  The  Senior  Citizens  and  Disabled  Persons
 6    Property  Tax  Relief  and  Pharmaceutical  Assistance Act is
 7    amended by changing Sections 3.07, 4, and  5  and  by  adding
 8    Section 4.1 as follows:

 9        (320 ILCS 25/3.07) (from Ch. 67 1/2, par. 403.07)
10        Sec.   3.07.    "Income"  means  adjusted  gross  income,
11    properly reportable for federal income tax purposes under the
12    provisions of the Internal Revenue Code, modified  by  adding
13    thereto  the  sum  of  the  following  amounts  to the extent
14    deducted or excluded from gross income in the computation  of
15    adjusted gross income:
16             (A)  An  amount equal to all amounts paid or accrued
17        as interest or dividends during the taxable year;
18             (B)  An amount equal to the amount of tax imposed by
19        the Illinois Income Tax Act paid for the taxable year;
20             (C)  An amount equal to all amounts received  during
21        the   taxable  year  as  an  annuity  under  an  annuity,
22        endowment or life insurance contract or under  any  other
23        contract or agreement;
24             (D)  An  amount equal to the amount of benefits paid
25        under the Federal Social Security Act during the  taxable
26        year;
27             (E)  An  amount equal to the amount of benefits paid
28        under the Railroad  Retirement  Act  during  the  taxable
29        year;
30             (F)  An  amount  equal  to  the total amount of cash
31        public assistance payments received from any governmental
 
SB1493 Engrossed            -2-               LRB9207067ACcdA
 1        agency  during  the  taxable  year  other  than  benefits
 2        received pursuant to this Act;
 3             (G)  An amount  equal  to  any  net  operating  loss
 4        carryover  deduction  or capital loss carryover deduction
 5        during the taxable year;
 6             (H)  For claim years beginning on or  after  January
 7        1,  2002,  an amount equal to any benefits received under
 8        the   Workers'   Compensation   Act   or   the   Workers'
 9        Occupational Diseases Act during the taxable year.
10        "Income" does not include any grant  assistance  received
11    under   the   Nursing   Home  Grant  Assistance  Act  or  any
12    distributions or items of income described under subparagraph
13    (X) of paragraph (2) of subsection (a) of Section 203 of  the
14    Illinois Income Tax Act.
15        This  amendatory  Act  of  1987  shall  be  effective for
16    purposes of this Section for tax years  ending  on  or  after
17    December 31, 1987.
18    (Source: P.A. 90-491, eff. 1-1-98; 91-676, eff. 12-23-99.)

19        (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
20        Sec. 4.  Amount of Grant.
21        (a)  In  general. Any individual 65 years or older or any
22    individual who will become 65 years old during  the  calendar
23    year  in  which a claim is filed, and any surviving spouse of
24    such a claimant, who at the time of  death  received  or  was
25    entitled  to  receive a grant pursuant to this Section, which
26    surviving spouse will become 65 years of age  within  the  24
27    months  immediately  following the death of such claimant and
28    which surviving spouse but for his or her  age  is  otherwise
29    qualified  to  receive  a grant pursuant to this Section, and
30    any disabled person whose annual  household  income  is  less
31    than $14,000 for grant years before the 1998 grant year, less
32    than $16,000 for the 1998 and 1999 grant years, and less than
33    (i)  $21,218  for  a  household  containing  one person, (ii)
 
SB1493 Engrossed            -3-               LRB9207067ACcdA
 1    $28,480 for  a  household  containing  2  persons,  or  (iii)
 2    $35,740  for a household containing 3 or more persons for the
 3    2000 grant year and thereafter and whose household is  liable
 4    for  payment  of  property  taxes  accrued  or  has paid rent
 5    constituting property taxes accrued and is domiciled in  this
 6    State  at  the time he files his claim is entitled to claim a
 7    grant under  this  Act.  With  respect  to  claims  filed  by
 8    individuals  who will become 65 years old during the calendar
 9    year in which a claim is filed, the amount of  any  grant  to
10    which  that household is entitled shall be an amount equal to
11    1/12 of the amount to which the claimant would  otherwise  be
12    entitled  as  provided  in  this  Section,  multiplied by the
13    number of months in which the claimant was 65 in the calendar
14    year in which the claim is 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
 
SB1493 Engrossed            -4-               LRB9207067ACcdA
 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
 
SB1493 Engrossed            -5-               LRB9207067ACcdA
 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, and less 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
29    thereafter. In addition, each eligible person must (1) obtain
30    an identification card from the Department, (2) at  the  time
31    the card is obtained, sign a statement assigning to the State
32    of Illinois benefits which may be otherwise claimed under any
33    private  insurance plans, (3) present the identification card
34    to the dispensing pharmacist.
 
SB1493 Engrossed            -6-               LRB9207067ACcdA
 1        Whenever a generic equivalent for a covered  prescription
 2    drug  is  available,  the Department shall reimburse only for
 3    the reasonable costs of  the  generic  equivalent,  less  the
 4    co-pay  established  in  this Section, unless (i) the covered
 5    prescription drug contains one or more ingredients defined as
 6    a narrow therapeutic index drug at 21 CFR  320.33,  (ii)  the
 7    prescriber  indicates  on the face of the prescription "brand
 8    medically necessary", and (iii) the prescriber specifies that
 9    a substitution  is  not  permitted.   When  issuing  an  oral
10    prescription for covered prescription medication described in
11    item  (i)  of  this paragraph, the prescriber shall stipulate
12    "brand medically necessary" and that a  substitution  is  not
13    permitted.    If   the  covered  prescription  drug  and  its
14    authorizing prescription do  not  meet  the  criteria  listed
15    above,   the   beneficiary   may   purchase  the  non-generic
16    equivalent of the covered prescription  drug  by  paying  the
17    difference  between the generic cost and the non-generic cost
18    plus the beneficiary co-pay.
19        Any  person   otherwise   eligible   for   pharmaceutical
20    assistance  under this Act whose covered drugs are covered by
21    any public program for assistance in purchasing  any  covered
22    prescription  drugs  shall be ineligible for assistance under
23    this Act to the extent such costs are covered by  such  other
24    plan.
25        The   fee  to  be  charged  by  the  Department  for  the
26    identification card shall be equal to $5  per  coverage  year
27    for persons below the official poverty line as defined by the
28    United States Department of Health and Human Services and $25
29    per  coverage  year  for  all  other  persons.  On and before
30    December  31,  2001,  coverage  under   this   pharmaceutical
31    assistance  program  shall  begin  on the date of application
32    approval and be in effect for at  least  12  months.  On  and
33    after  January  1,  2002,  coverage under this pharmaceutical
34    assistance program shall be in  effect  on  a  calendar  year
 
SB1493 Engrossed            -7-               LRB9207067ACcdA
 1    basis.
 2        In  the event that 2 or more persons are eligible for any
 3    benefit  under  this  Act,  and  are  members  of  the   same
 4    household,   (1)  each  such  person  shall  be  entitled  to
 5    participate  in  the   pharmaceutical   assistance   program,
 6    provided  that he or she meets all other requirements imposed
 7    by this  subsection  and  (2)  each  participating  household
 8    member  contributes  the  fee required for that person by the
 9    preceding  paragraph  for  the  purpose   of   obtaining   an
10    identification card.
11    (Source: P.A.  90-650,  eff.  7-27-98;  91-357, eff. 7-29-99;
12    91-699, eff. 1-1-01.)

13        (320 ILCS 25/4.1 new)
14        Sec.    4.1.     Information    to    the     Department.
15    Notwithstanding  any  other  law  to  the  contrary, entities
16    subject to the Illinois Insurance Code, Comprehensive  Health
17    Insurance  Plan  Act,  Dental  Service  Plan  Act, Children's
18    Health Insurance Program Act, Health  Care  Purchasing  Group
19    Act,  Health  Maintenance  Organization  Act,  Limited Health
20    Service Organization Act,  Voluntary  Health  Services  Plans
21    Act,  and  the  Workers' Compensation Act, including, but not
22    limited  to,  insurers,  health  maintenance   organizations,
23    pharmacy   benefit   managers,  third  party  administrators,
24    fraternal   benefit    societies,    group-funded    workers'
25    compensation pools, municipal group-funded pools, self-funded
26    or self-insured welfare or benefit plans or programs, and any
27    other  entities  that  provide  health  coverage  through  an
28    employer,  union,  trade association or other organization or
29    source, or any other entities, must  provide  information  to
30    the  Department,  or its designee, that is necessary to carry
31    out the purposes of this Act, including, but not limited  to,
32    the name, social security number, address, date of birth, and
33    coverage  of  their  policyholders, their subscribers, or the
 
SB1493 Engrossed            -8-               LRB9207067ACcdA
 1    beneficiaries of  their  plans,  benefits,  or  services  who
 2    participate in the programs under this Act.  The provision of
 3    this information to the Department or its designee is subject
 4    to the confidentiality provisions in Section 8a of this Act.

 5        (320 ILCS 25/5) (from Ch. 67 1/2, par. 405)
 6        Sec. 5.  Procedure.
 7        (a)  In  general.   Claims must be filed after January 1,
 8    on forms prescribed by the Department.  No claim may be filed
 9    more than one year after December 31 of the  year  for  which
10    the  claim  is filed except that claims for 1976 may be filed
11    until  December  31,  1978.   The  pharmaceutical  assistance
12    identification card provided for in subsection (f) of Section
13    4 shall be valid for a period of not less than to exceed  one
14    year.
15        (b)  Claim  is Personal.  The right to file a claim under
16    this Act shall be personal to  the  claimant  and  shall  not
17    survive  his death, but such right may be exercised on behalf
18    of a claimant by his legal guardian or attorney-in-fact.   If
19    a claimant dies after having filed a timely claim, the amount
20    thereof  shall be disbursed to his surviving spouse or, if no
21    spouse survives, to his surviving dependent minor children in
22    equal parts, provided the spouse or child, as  the  case  may
23    be, resided with the claimant at the time he filed his claim.
24    If  at  the time of disbursement neither the claimant nor his
25    spouse is surviving, and no dependent minor children  of  the
26    claimant  are surviving the amount of the claim shall escheat
27    to the State.
28        (c)  One claim per  household.   Only  one  member  of  a
29    household  may  file  a  claim under this Act in any calendar
30    year;  where  both  members  of  a  household  are  otherwise
31    entitled to claim a grant under this Act, they must agree  as
32    to which of them will file a claim for that year.
33        (d)  Content of application form.  The form prescribed by
 
SB1493 Engrossed            -9-               LRB9207067ACcdA
 1    the  Department for purposes of paragraph (a) shall include a
 2    table, appropriately keyed to the parts of the form on  which
 3    the  claimant  is required to furnish information, which will
 4    enable the claimant  to  determine  readily  the  approximate
 5    amount of grant to which he is entitled by relating levels of
 6    household   income   to   property   taxes  accrued  or  rent
 7    constituting property taxes accrued.
 8        (e)  Pharmaceutical    Assistance    Procedures.      The
 9    Department   shall   establish   the   form  and  manner  for
10    application, and establish by January 1, 1986 a procedure  to
11    enable  persons  to apply for the additional grant or for the
12    pharmaceutical assistance identification  card  on  the  same
13    application  form. The Department shall determine eligibility
14    for pharmaceutical assistance using the  applicant's  current
15    income.  The  Department  shall  determine a person's current
16    income in the manner provided by the Department by rule.
17    (Source: P.A. 91-533, eff. 8-13-99; 91-699, eff. 1-1-01.)

18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.

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