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92nd General Assembly

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Public Act 92-0131

HB2438 Enrolled                               LRB9207067ACcdA

    AN ACT  in  relation  to  senior  citizens  and  disabled
persons.

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

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

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

    (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
    Sec. 4.  Amount of Grant.
    (a)  In general.  Any individual 65 years or older or any
individual  who  will become 65 years old during the calendar
year in which a claim is filed, and any surviving  spouse  of
such  a  claimant,  who  at the time of death received or was
entitled to receive a grant pursuant to this  Section,  which
surviving  spouse  will  become 65 years of age within the 24
months immediately following the death of such  claimant  and
which  surviving  spouse  but for his or her age is otherwise
qualified to receive a grant pursuant to  this  Section,  and
any  disabled  person  whose  annual household income is less
than $14,000 for grant years before the 1998 grant year, less
than $16,000 for the 1998 and 1999 grant years, and less than
(i) $21,218 for  a  household  containing  one  person,  (ii)
$28,480  for  a  household  containing  2  persons,  or (iii)
$35,740 for a household containing 3 or more persons for  the
2000  grant year and thereafter and whose household is liable
for payment of  property  taxes  accrued  or  has  paid  rent
constituting  property taxes accrued and is domiciled in this
State at the time he files his claim is entitled to  claim  a
grant  under  this  Act.  With  respect  to  claims  filed by
individuals who will become 65 years old during the  calendar
year  in  which  a claim is filed, the amount of any grant to
which that household is entitled shall be an amount equal  to
1/12  of  the amount to which the claimant would otherwise be
entitled as provided  in  this  Section,  multiplied  by  the
number of months in which the claimant was 65 in the calendar
year in which the claim is filed.
    (b)  Limitation.    Except   as   otherwise  provided  in
subsections (a) and (f) of this Section, the  maximum  amount
of  grant which a claimant is entitled to claim is the amount
by which the  property  taxes  accrued  which  were  paid  or
payable   during   the   last  preceding  tax  year  or  rent
constituting  property  taxes  accrued  upon  the  claimant's
residence for the last preceding taxable year exceeds 3  1/2%
of  the  claimant's  household income for that year but in no
event is the grant to exceed (i) $700 less 4.5% of  household
income  for  that  year  for those with a household income of
$14,000 or less or (ii) $70 if household income for that year
is more than $14,000.
    (c)  Public aid recipients.  If household income  in  one
or  more  months  during  a  year includes cash assistance in
excess of $55 per month from the Department of Public Aid  or
the  Department of Human Services (acting as successor to the
Department of  Public  Aid  under  the  Department  of  Human
Services Act)  which was determined under regulations of that
Department  on  a  measure of need that included an allowance
for actual rent or property taxes paid by  the  recipient  of
that  assistance, the amount of grant to which that household
is entitled, except as otherwise provided in subsection  (a),
shall  be  the  product of (1) the maximum amount computed as
specified in subsection (b) of this Section and (2) the ratio
of the number of months in which  household  income  did  not
include  such  cash assistance over $55 to the number twelve.
If household income did not include such cash assistance over
$55 for any months during the year, the amount of  the  grant
to  which  the  household  is  entitled  shall be the maximum
amount computed  as  specified  in  subsection  (b)  of  this
Section.    For   purposes   of  this  paragraph  (c),  "cash
assistance" does not include any amount  received  under  the
federal Supplemental Security Income (SSI) program.
    (d)  Joint  ownership.  If title to the residence is held
jointly by the claimant with a person who is not a member  of
his  household,  the amount of property taxes accrued used in
computing the amount of grant to which he is  entitled  shall
be  the  same  percentage of property taxes accrued as is the
percentage  of  ownership  held  by  the  claimant   in   the
residence.
    (e)  More than one residence.  If a claimant has occupied
more  than  one  residence  in the taxable year, he may claim
only one residence for any part of a month.  In the  case  of
property  taxes  accrued, he shall pro rate 1/12 of the total
property taxes accrued on his residence to each month that he
owned and occupied that residence; and, in the case  of  rent
constituting  property  taxes  accrued,  shall  pro rate each
month's rent payments  to  the  residence  actually  occupied
during that month.
    (f)  There   is   hereby   established   a   program   of
pharmaceutical  assistance  to  the  aged  and disabled which
shall be administered by the Department  in  accordance  with
this Act, to consist of payments to authorized pharmacies, on
behalf  of  beneficiaries  of the program, for the reasonable
costs of covered prescription drugs.   Each  beneficiary  who
pays  $5  for  an identification card shall pay no additional
prescription costs. Each beneficiary  who  pays  $25  for  an
identification  card  shall  pay  $3  per  prescription.   In
addition,  after  a  beneficiary  receives $2,000 in benefits
during a State fiscal year, that beneficiary  shall  also  be
charged  20%  of  the  cost  of  each  prescription for which
payments are made by the program during the remainder of  the
fiscal  year.   To  become a beneficiary under this program a
person must be: (1) (i)  65  years  or  older,  or  (ii)  the
surviving spouse of such a claimant, who at the time of death
received or was entitled to receive benefits pursuant to this
subsection,  which  surviving  spouse will become 65 years of
age within the 24 months immediately following the  death  of
such  claimant  and which surviving spouse but for his or her
age is otherwise qualified to receive  benefits  pursuant  to
this  subsection,  or (iii) disabled, and (2) is domiciled in
this State at the time he files his or her claim, and (3) has
a maximum household income of less  than  $14,000  for  grant
years  before  the 1998 grant year, less than $16,000 for the
1998 and 1999 grant years, and less than (i)  $21,218  for  a
household containing one person, (ii) $28,480 for a household
containing  2  persons,  or  (iii)  $35,740  for  a household
containing 3  more  persons  for  the  2000  grant  year  and
thereafter. In addition, each eligible person must (1) obtain
an  identification  card from the Department, (2) at the time
the card is obtained, sign a statement assigning to the State
of Illinois benefits which may be otherwise claimed under any
private insurance plans, (3) present the identification  card
to the dispensing pharmacist.
    Whenever  a generic equivalent for a covered prescription
drug is available, the Department shall  reimburse  only  for
the  reasonable  costs  of  the  generic equivalent, less the
co-pay established in this Section, unless  (i)  the  covered
prescription drug contains one or more ingredients defined as
a  narrow  therapeutic  index drug at 21 CFR 320.33, (ii) the
prescriber indicates on the face of the  prescription  "brand
medically necessary", and (iii) the prescriber specifies that
a  substitution  is  not  permitted.   When  issuing  an oral
prescription for covered prescription medication described in
item (i) of this paragraph, the  prescriber  shall  stipulate
"brand  medically  necessary"  and that a substitution is not
permitted.   If  the  covered  prescription  drug   and   its
authorizing  prescription  do  not  meet  the criteria listed
above,  the  beneficiary   may   purchase   the   non-generic
equivalent  of  the  covered  prescription drug by paying the
difference between the generic cost and the non-generic  cost
plus the beneficiary co-pay.
    Any   person   otherwise   eligible   for  pharmaceutical
assistance under this Act whose covered drugs are covered  by
any  public  program for assistance in purchasing any covered
prescription drugs shall be ineligible for  assistance  under
this  Act  to the extent such costs are covered by such other
plan.
    The  fee  to  be  charged  by  the  Department  for   the
identification  card  shall  be equal to $5 per coverage year
for persons below the official poverty line as defined by the
United States Department of Health and Human Services and $25
per coverage year for all other persons.
    In the event that 2 or more persons are eligible for  any
benefit   under  this  Act,  and  are  members  of  the  same
household,  (1)  each  such  person  shall  be  entitled   to
participate   in   the   pharmaceutical  assistance  program,
provided that he or she meets all other requirements  imposed
by  this  subsection  and  (2)  each  participating household
member contributes the fee required for that  person  by  the
preceding   paragraph   for   the  purpose  of  obtaining  an
identification card.
(Source: P.A. 90-650, eff.  7-27-98;  91-357,  eff.  7-29-99;
91-699, eff. 1-1-01.)

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

    (320 ILCS 25/5) (from Ch. 67 1/2, par. 405)
    Sec. 5.  Procedure.
    (a)  In general.  Claims must be filed after  January  1,
on forms prescribed by the Department.  No claim may be filed
more  than  one  year after December 31 of the year for which
the claim is filed except that claims for 1976 may  be  filed
until  December  31,  1978.   The  pharmaceutical  assistance
identification card provided for in subsection (f) of Section
4  shall be valid for a period not to exceed one year. On and
after January 1, 2002, however, to enable the  Department  to
convert  coverage  for  a  pharmaceutical  assistance program
participant to a fiscal year basis, a card shall be valid for
a longer or shorter period than 12 months, depending  on  the
date  a  timely  claim  is  filed  and  as  determined by the
Department.
    (b)  Claim is Personal.  The right to file a claim  under
this  Act  shall  be  personal  to the claimant and shall not
survive his death, but such right may be exercised on  behalf
of  a claimant by his legal guardian or attorney-in-fact.  If
a claimant dies after having filed a timely claim, the amount
thereof shall be disbursed to his surviving spouse or, if  no
spouse survives, to his surviving dependent minor children in
equal  parts,  provided  the spouse or child, as the case may
be, resided with the claimant at the time he filed his claim.
If at the time of disbursement neither the claimant  nor  his
spouse  is  surviving, and no dependent minor children of the
claimant are surviving the amount of the claim shall  escheat
to the State.
    (c)  One  claim  per  household.   Only  one  member of a
household may file a claim under this  Act  in  any  calendar
year;  where  both  members  of  a  household  are  otherwise
entitled  to claim a grant under this Act, they must agree as
to which of them will file a claim for that year.
    (d)  Content of application form.  The form prescribed by
the Department for purposes of paragraph (a) shall include  a
table,  appropriately keyed to the parts of the form on which
the claimant is required to furnish information,  which  will
enable  the  claimant  to  determine  readily the approximate
amount of grant to which he is entitled by relating levels of
household  income  to  property   taxes   accrued   or   rent
constituting property taxes accrued.
    (e)  Pharmaceutical     Assistance    Procedures.     The
Department  shall  establish  the   form   and   manner   for
application,  and establish by January 1, 1986 a procedure to
enable persons to apply for the additional grant or  for  the
pharmaceutical  assistance  identification  card  on the same
application form. The Department shall determine  eligibility
for  pharmaceutical  assistance using the applicant's current
income. The Department shall  determine  a  person's  current
income in the manner provided by the Department by rule.
(Source: P.A. 91-533, eff. 8-13-99; 91-699, eff. 1-1-01.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 01, 2001.
    Approved July 23, 2001.
    Effective July 23, 2001.

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