State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 002 ]

91_HB3872enr

 
HB3872 Enrolled                                LRB9112049SMdv

 1        AN ACT in relation to citizen benefits.

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

 4        Section 5.  The Property Tax Code is amended by  changing
 5    Section 20-15 as follows:

 6        (35 ILCS 200/20-15)
 7        Sec.  20-15.   Information on bill or separate statement.
 8    There shall be printed on each bill, or on  a  separate  slip
 9    which shall be mailed with the bill:
10             (a)  a  statement  itemizing the rate at which taxes
11        have been extended for each of the  taxing  districts  in
12        the county in whose district the property is located, and
13        in  those  counties  utilizing electronic data processing
14        equipment the dollar amount of tax due  from  the  person
15        assessed  allocable  to  each  of those taxing districts,
16        including a separate statement of the  dollar  amount  of
17        tax  due  which  is  allocable  to a tax levied under the
18        Illinois Local Library Act or to any other tax levied  by
19        a municipality or township for public library purposes,
20             (b)  a  separate  statement  for  each of the taxing
21        districts of the  dollar  amount  of  tax  due  which  is
22        allocable to a tax levied under the Illinois Pension Code
23        or  to any other tax levied by a municipality or township
24        for public pension or retirement purposes,
25             (c)  the total tax rate,
26             (d)  the total amount of tax due, and
27             (e)  the amount by which the total tax and  the  tax
28        allocable  to  each  taxing  district  differs  from  the
29        taxpayer's last prior tax bill.

30        The  county treasurer shall ensure that only those taxing
31    districts in which a parcel of property is located  shall  be
 
HB3872 Enrolled            -2-                 LRB9112049SMdv
 1    listed on the bill for that property.

 2        In all counties the statement shall also provide:
 3             (1)  the  property  index  number  or other suitable
 4        description,
 5             (2)  the assessment of the property,
 6             (3)  the equalization factors imposed by the  county
 7        and by the Department, and
 8             (4)  the  equalized  assessment  resulting  from the
 9        application of the  equalization  factors  to  the  basic
10        assessment.
11        In  all  counties  which  do  not  classify  property for
12    purposes of taxation, for property on which a  single  family
13    residence  is  situated  the  statement  shall also include a
14    statement to reflect the fair cash value determined  for  the
15    property.   In  all  counties  which  classify  property  for
16    purposes of taxation in accordance with Section 4 of  Article
17    IX  of  the Illinois Constitution, for parcels of residential
18    property  in  the  lowest   assessment   classification   the
19    statement  shall also include a statement to reflect the fair
20    cash value determined for the property.
21        In all counties, the statement shall include  information
22    that  certain  taxpayers  may  be  eligible  for  the  Senior
23    Citizens   and  Disabled  Persons  Property  Tax  Relief  and
24    Pharmaceutical  Assistance  Act  and  that  applications  are
25    available from the Illinois Department of Revenue.
26        In  counties  which  use  the  estimated  or  accelerated
27    billing methods, these statements shall only be provided with
28    the final installment of taxes due. The  provisions  of  this
29    Section  create  a  mandatory  statutory  duty.  They are not
30    merely directory or discretionary. The failure or neglect  of
31    the  collector  to  mail  the  bill,  or  the  failure of the
32    taxpayer to receive the bill, shall not affect  the  validity
33    of any tax, or the liability for the payment of any tax.
34    (Source:  P.A.  87-818;  88-455; incorporates 88-262; 88-670,
 
HB3872 Enrolled            -3-                 LRB9112049SMdv
 1    eff. 12-2-94.)

 2        Section 10.  The Illinois Public Aid Code is  amended  by
 3    changing Section 5-2 as follows:

 4        (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
 5        Sec.   5-2.  Classes   of   Persons   Eligible.   Medical
 6    assistance under this Article shall be available  to  any  of
 7    the  following  classes  of persons in respect to whom a plan
 8    for coverage has  been  submitted  to  the  Governor  by  the
 9    Illinois Department and approved by him:
10        1.  Recipients of basic maintenance grants under Articles
11    III and IV.
12        2.  Persons  otherwise  eligible  for  basic  maintenance
13    under  Articles III and IV but who fail to qualify thereunder
14    on the basis of need, and who have  insufficient  income  and
15    resources  to  meet  the  costs  of  necessary  medical care,
16    including but not limited to the following:,
17        (a) All persons otherwise eligible for basic  maintenance
18    under  Article III but who fail to qualify under that Article
19    on the basis of need and who meet  either  of  the  following
20    requirements:
21                  (i)  their   income,   as   determined  by  the
22             Illinois Department in accordance with  any  federal
23             requirements, is equal to or less than 70% in fiscal
24             year  2001, equal to or less than 85% in fiscal year
25             2002, and equal to or less than 100% in fiscal  year
26             2003  and  thereafter of the nonfarm income official
27             poverty line, as defined by the  federal  Office  of
28             Management   and  Budget  and  revised  annually  in
29             accordance with Section 673(2) of the Omnibus Budget
30             Reconciliation Act of 1981, applicable  to  families
31             of the same size; or
32                  (ii)  their  income,  after  the  deduction  of
 
HB3872 Enrolled            -4-                 LRB9112049SMdv
 1             costs  incurred for medical care and for other types
 2             of remedial care, is equal to or less  than  70%  in
 3             fiscal  year  2001,  equal  to  or  less than 85% in
 4             fiscal year 2002, and equal to or less than 100%  in
 5             fiscal  year  2003  and  thereafter  of  the nonfarm
 6             income official poverty line, as defined in item (i)
 7             of this subparagraph (a).
 8        (b)  All persons who would  be  determined  eligible  for
 9    such  basic  maintenance under Article IV by disregarding the
10    maximum earned income permitted by federal law.
11        3.  Persons who would otherwise qualify for  Aid  to  the
12    Medically Indigent under Article VII.
13        4.  Persons  not  eligible  under  any  of  the preceding
14    paragraphs who fall sick, are injured,  or  die,  not  having
15    sufficient  money,  property  or  other resources to meet the
16    costs  of  necessary  medical  care  or  funeral  and  burial
17    expenses.
18        5. (a)  Women  during  pregnancy,  after  the   fact   of
19        pregnancy  has  been determined by medical diagnosis, and
20        during the 60-day period beginning on the last day of the
21        pregnancy, together with their infants and children  born
22        after  September 30, 1983, whose income and resources are
23        insufficient to meet the costs of necessary medical  care
24        to  the  maximum  extent  possible under Title XIX of the
25        Federal Social Security Act.
26             (b)  The Illinois Department and the Governor  shall
27        provide a plan for coverage of the persons eligible under
28        paragraph 5(a) by April 1, 1990.  Such plan shall provide
29        ambulatory  prenatal  care  to  pregnant  women  during a
30        presumptive eligibility period and  establish  an  income
31        eligibility standard that is equal to 133% of the nonfarm
32        income  official  poverty line, as defined by the federal
33        Office of Management and Budget and revised  annually  in
34        accordance  with  Section  673(2)  of  the Omnibus Budget
 
HB3872 Enrolled            -5-                 LRB9112049SMdv
 1        Reconciliation Act of 1981, applicable to families of the
 2        same size, provided that costs incurred for medical  care
 3        are  not  taken  into  account in determining such income
 4        eligibility.
 5             (c)  The   Illinois   Department   may   conduct   a
 6        demonstration in at least one county  that  will  provide
 7        medical assistance to pregnant women, together with their
 8        infants  and  children  up  to one year of age, where the
 9        income eligibility standard is set  up  to  185%  of  the
10        nonfarm  income  official poverty line, as defined by the
11        federal Office of Management and Budget.    The  Illinois
12        Department  shall seek and obtain necessary authorization
13        provided  under  federal  law   to   implement   such   a
14        demonstration.  Such demonstration may establish resource
15        standards  that  are  not  more  restrictive  than  those
16        established under Article IV of this Code.
17        6.  Persons  under  the  age of 18 who fail to qualify as
18    dependent under Article IV and who have  insufficient  income
19    and  resources to meet the costs of necessary medical care to
20    the maximum extent permitted under Title XIX of  the  Federal
21    Social Security Act.
22        7.  Persons  who are 18 years of age or younger and would
23    qualify as disabled as defined under the Federal Supplemental
24    Security Income Program, provided medical  service  for  such
25    persons    would    be   eligible   for   Federal   Financial
26    Participation,   and   provided   the   Illinois   Department
27    determines that:
28             (a)  the person requires a level of care provided by
29        a hospital, skilled  nursing  facility,  or  intermediate
30        care  facility,  as determined by a physician licensed to
31        practice medicine in all its branches;
32             (b)  it is appropriate to provide such care  outside
33        of  an institution, as determined by a physician licensed
34        to practice medicine in all its branches;
 
HB3872 Enrolled            -6-                 LRB9112049SMdv
 1             (c)  the estimated amount which  would  be  expended
 2        for  care outside the institution is not greater than the
 3        estimated  amount  which  would   be   expended   in   an
 4        institution.
 5        8.  Persons  who  become ineligible for basic maintenance
 6    assistance  under  Article  IV  of  this  Code  in   programs
 7    administered  by  the  Illinois  Department due to employment
 8    earnings and persons in assistance units comprised of  adults
 9    and  children  who  become  ineligible  for basic maintenance
10    assistance under Article VI of this Code  due  to  employment
11    earnings.   The  plan  for coverage for this class of persons
12    shall:
13             (a)  extend the medical assistance coverage  for  up
14        to  12  months following termination of basic maintenance
15        assistance; and
16             (b)  offer persons who  have  initially  received  6
17        months  of  the coverage provided in paragraph (a) above,
18        the  option  of  receiving  an  additional  6  months  of
19        coverage, subject to the following:
20                  (i)  such  coverage  shall   be   pursuant   to
21             provisions of the federal Social Security Act;
22                  (ii)  such  coverage shall include all services
23             covered while the  person  was  eligible  for  basic
24             maintenance assistance;
25                  (iii)  no  premium  shall  be  charged for such
26             coverage; and
27                  (iv)  such coverage shall be suspended  in  the
28             event  of  a  person's failure without good cause to
29             file in a timely fashion reports required  for  this
30             coverage  under the Social Security Act and coverage
31             shall be reinstated upon the filing of such  reports
32             if the person remains otherwise eligible.
33        9.  Persons   with   acquired  immunodeficiency  syndrome
34    (AIDS) or with AIDS-related conditions with respect  to  whom
 
HB3872 Enrolled            -7-                 LRB9112049SMdv
 1    there   has  been  a  determination  that  but  for  home  or
 2    community-based services such individuals would  require  the
 3    level  of  care  provided  in  an inpatient hospital, skilled
 4    nursing facility or intermediate care facility  the  cost  of
 5    which  is reimbursed under this Article.  Assistance shall be
 6    provided to such persons  to  the  maximum  extent  permitted
 7    under Title XIX of the Federal Social Security Act.
 8        10.  Participants   in   the   long-term  care  insurance
 9    partnership program established  under  the  Partnership  for
10    Long-Term Care Act who meet the qualifications for protection
11    of resources described in Section 25 of that Act.
12        The  Illinois Department and the Governor shall provide a
13    plan for coverage of the persons eligible under  paragraph  7
14    as soon as possible after July 1, 1984.
15        The eligibility of any such person for medical assistance
16    under  this  Article  is  not  affected by the payment of any
17    grant under the Senior Citizens and Disabled Persons Property
18    Tax  Relief  and  Pharmaceutical  Assistance   Act   or   any
19    distributions or items of income described under subparagraph
20    (X)  of paragraph (2) of subsection (a) of Section 203 of the
21    Illinois Income  Tax  Act.   The  Department  shall  by  rule
22    establish   the  amounts  of  assets  to  be  disregarded  in
23    determining eligibility for medical assistance,  which  shall
24    at  a  minimum  equal the amounts to be disregarded under the
25    Federal Supplemental Security Income Program.  The amount  of
26    assets of a single person to be disregarded shall not be less
27    than  $2,000, and the amount of assets of a married couple to
28    be disregarded shall not be less than $3,000.
29        To the extent permitted under  federal  law,  any  person
30    found  guilty of a second violation of Article VIIIA shall be
31    ineligible for medical  assistance  under  this  Article,  as
32    provided in Section 8A-8.
33        The  eligibility  of  any  person  for medical assistance
34    under this Article shall not be affected by  the  receipt  by
 
HB3872 Enrolled            -8-                 LRB9112049SMdv
 1    the person of donations or benefits from fundraisers held for
 2    the  person  in  cases of serious illness, as long as neither
 3    the person nor members of the  person's  family  have  actual
 4    control over the donations or benefits or the disbursement of
 5    the donations or benefits.
 6    (Source: P.A. 91-676, eff. 12-23-99.)

 7        Section  15.   The  Senior  Citizens and Disabled Persons
 8    Property Tax Relief  and  Pharmaceutical  Assistance  Act  is
 9    amended by changing Sections 3.15, 3.16, 4, and 5 as follows:

10        (320 ILCS 25/3.15) (from Ch. 67 1/2, par. 403.15)
11        Sec.  3.15.   "Covered  prescription  drug" means (1) any
12    cardiovascular agent  or  drug;  (2)  any  insulin  or  other
13    prescription   drug   used  in  the  treatment  of  diabetes,
14    including syringe and needles used to administer the insulin;
15    and (3) any  prescription  drug  used  in  the  treatment  of
16    arthritis, (4) beginning on January 1, 2001, any prescription
17    drug  used  in  the  treatment  of  cancer,  (5) beginning on
18    January 1, 2001, any prescription drug used in the  treatment
19    of Alzheimer's disease, (6) beginning on January 1, 2001, any
20    prescription  drug  used  in  the  treatment  of  Parkinson's
21    disease,  (7)  beginning on January 1, 2001, any prescription
22    drug used in the treatment of glaucoma, and (8) beginning  on
23    January  1, 2001, any prescription drug used in the treatment
24    of lung disease and smoking related illnesses.  The  specific
25    agents or products to be included under such categories shall
26    be  listed  in  a handbook to be prepared  and distributed by
27    the Department.  The general types  of  covered  prescription
28    drugs  shall  be  indicated by rule. The Department of Public
29    Health shall promulgate a list of covered prescription  drugs
30    under  this  program  that  meet  the  definition of a narrow
31    therapeutic index drug as  described  in  subsection  (f)  of
32    Section 4.
 
HB3872 Enrolled            -9-                 LRB9112049SMdv
 1    (Source: P.A. 85-1176.)

 2        (320 ILCS 25/3.16) (from Ch. 67 1/2, par. 403.16)
 3        Sec.  3.16.   "Reasonable  cost"  means Average Wholesale
 4    Price (AWP) minus 10% for  products  provided  by  authorized
 5    pharmacies  plus  a professional dispensing fee determined by
 6    the Department in accordance with its findings in a survey of
 7    professional pharmacy  dispensing  fees  conducted  at  least
 8    every  12  months.  For the purpose of this Act, AWP shall be
 9    determined from the latest publication of the  Blue  Book,  a
10    universally  subscribed  pharmacist  reference guide annually
11    published by the Hearst Corporation.  AWP may also be derived
12    electronically from the drug pricing database synonymous with
13    the latest publication of the Blue Book and furnished in  the
14    National  Drug  Data  File (NDDF) by First Data Bank (FDB), a
15    service of the Hearst Corporation.  The elements of such fees
16    and methodology of such survey shall  be  promulgated  as  an
17    administrative   rule.    Effective   July   1,   1986,   the
18    professional  dispensing  fee shall be $3.60 per prescription
19    and such amount shall be adjusted on July 1st  of  each  year
20    thereafter  in  accordance  with  a  survey  of  professional
21    pharmacy  dispensing  fees.   The  Department  may  establish
22    maximum  acquisition  costs  from  time  to  time  based upon
23    information as to the cost at which covered products  may  be
24    readily  acquired by authorized pharmacies.  In no case shall
25    the reasonable cost of any given pharmacy  exceed  the  price
26    normally  charged to the general public by that pharmacy.  In
27    the event that generic equivalents for  covered  prescription
28    drugs  are  available  at  lower  cost,  the Department shall
29    establish the maximum  acquisition  costs  for  such  covered
30    prescription drugs at the lower generic cost unless, pursuant
31    to the conditions described in subsection (f) of Section 4, a
32    non-generic drug may be substituted.
33    (Source: P.A. 87-14; 88-676, eff. 12-14-94.)
 
HB3872 Enrolled            -10-                LRB9112049SMdv
 1        (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
 2        Sec. 4.  Amount of Grant.
 3        (a)  In  general. Any individual 65 years or older or any
 4    individual who will become 65 years old during  the  calendar
 5    year  in  which a claim is filed, and any surviving spouse of
 6    such a claimant, who at the time of  death  received  or  was
 7    entitled  to  receive a grant pursuant to this Section, which
 8    surviving spouse will become 65 years of age  within  the  24
 9    months  immediately  following the death of such claimant and
10    which surviving spouse but for his or her  age  is  otherwise
11    qualified  to  receive  a grant pursuant to this Section, and
12    any disabled person whose annual  household  income  is  less
13    than  $14,000 for grant years before the 1998 grant year, and
14    less than $16,000 for the 1998 and 1999 grant years, and less
15    than (i) $21,218 for a household containing one person,  (ii)
16    $28,480  for  a  household  containing  2  persons,  or (iii)
17    $35,740 for a household containing 3 or more persons for  the
18    2000  grant year and thereafter and whose household is liable
19    for payment of  property  taxes  accrued  or  has  paid  rent
20    constituting  property taxes accrued and is domiciled in this
21    State at the time he files his claim is entitled to  claim  a
22    grant  under  this  Act.  With  respect  to  claims  filed by
23    individuals who will become 65 years old during the  calendar
24    year  in  which  a claim is filed, the amount of any grant to
25    which that household is entitled shall be an amount equal  to
26    1/12  of  the amount to which the claimant would otherwise be
27    entitled as provided  in  this  Section,  multiplied  by  the
28    number of months in which the claimant was 65 in the calendar
29    year in which the claim is filed.
30        (b)  Limitation.    Except   as   otherwise  provided  in
31    subsections (a) and (f) of this Section, the  maximum  amount
32    of  grant which a claimant is entitled to claim is the amount
33    by which the  property  taxes  accrued  which  were  paid  or
34    payable   during   the   last  preceding  tax  year  or  rent
 
HB3872 Enrolled            -11-                LRB9112049SMdv
 1    constituting  property  taxes  accrued  upon  the  claimant's
 2    residence for the last preceding taxable year exceeds 3  1/2%
 3    of  the  claimant's  household income for that year but in no
 4    event is the grant to exceed (i) $700 less 4.5% of  household
 5    income  for  that  year  for those with a household income of
 6    $14,000 or less or (ii) $70 if household income for that year
 7    is more than $14,000 but less than $16,000.
 8        (c)  Public aid recipients.  If household income  in  one
 9    or  more  months  during  a  year includes cash assistance in
10    excess of $55 per month from the Department of Public Aid  or
11    the  Department of Human Services (acting as successor to the
12    Department of  Public  Aid  under  the  Department  of  Human
13    Services Act)  which was determined under regulations of that
14    Department  on  a  measure of need that included an allowance
15    for actual rent or property taxes paid by  the  recipient  of
16    that  assistance, the amount of grant to which that household
17    is entitled, except as otherwise provided in subsection  (a),
18    shall  be  the  product of (1) the maximum amount computed as
19    specified in subsection (b) of this Section and (2) the ratio
20    of the number of months in which  household  income  did  not
21    include  such  cash assistance over $55 to the number twelve.
22    If household income did not include such cash assistance over
23    $55 for any months during the year, the amount of  the  grant
24    to  which  the  household  is  entitled  shall be the maximum
25    amount computed  as  specified  in  subsection  (b)  of  this
26    Section.    For   purposes   of  this  paragraph  (c),  "cash
27    assistance" does not include any amount  received  under  the
28    federal Supplemental Security Income (SSI) program.
29        (d)  Joint  ownership.  If title to the residence is held
30    jointly by the claimant with a person who is not a member  of
31    his  household,  the amount of property taxes accrued used in
32    computing the amount of grant to which he is  entitled  shall
33    be  the  same  percentage of property taxes accrued as is the
34    percentage  of  ownership  held  by  the  claimant   in   the
 
HB3872 Enrolled            -12-                LRB9112049SMdv
 1    residence.
 2        (e)  More than one residence.  If a claimant has occupied
 3    more  than  one  residence  in the taxable year, he may claim
 4    only one residence for any part of a month.  In the  case  of
 5    property  taxes  accrued, he shall pro rate 1/12 of the total
 6    property taxes accrued on his residence to each month that he
 7    owned and occupied that residence; and, in the case  of  rent
 8    constituting  property  taxes  accrued,  shall  pro rate each
 9    month's rent payments  to  the  residence  actually  occupied
10    during that month.
11        (f)  There   is   hereby   established   a   program   of
12    pharmaceutical  assistance  to  the  aged  and disabled which
13    shall be administered by the Department  in  accordance  with
14    this Act, to consist of payments to authorized pharmacies, on
15    behalf  of  beneficiaries  of the program, for the reasonable
16    costs of covered prescription drugs.   Each  beneficiary  who
17    pays   $5  $40  for  an  identification  card  shall  pay  no
18    additional the first $15 of prescription  costs  each  month.
19    Each  beneficiary who pays $25 $80 for an identification card
20    shall pay the first $3 per $25  of  prescription  costs  each
21    month.  In addition, after a beneficiary receives $2,000 $800
22    in  benefits  during  a  State  fiscal year, that beneficiary
23    shall also be charged 20% of the cost  of  each  prescription
24    for  which  payments  are  made  by  the  program  during the
25    remainder of the fiscal year.  To become a beneficiary  under
26    this  program a person must be: (1) (i) 65 years or older, or
27    (ii) the surviving spouse of such a claimant, who at the time
28    of  death  received  or  was  entitled  to  receive  benefits
29    pursuant to this  subsection,  which  surviving  spouse  will
30    become  65  years  of  age  within  the 24 months immediately
31    following the death of  such  claimant  and  which  surviving
32    spouse  but  for  his  or  her  age is otherwise qualified to
33    receive  benefits  pursuant  to  this  subsection,  or  (iii)
34    disabled, and (2) is domiciled in this State at the  time  he
 
HB3872 Enrolled            -13-                LRB9112049SMdv
 1    files  his  or  her  claim,  and  (3) has a maximum household
 2    income of less than $14,000 for grant years before  the  1998
 3    grant year, and less than $16,000 for the 1998 and 1999 grant
 4    years,  and  less than (i) $21,218 for a household containing
 5    one  person,  (ii)  $28,480  for  a  household  containing  2
 6    persons, or (iii) $35,740 for a household containing  3  more
 7    persons  for the 2000 grant year and thereafter. In addition,
 8    each eligible person must (1) obtain an  identification  card
 9    from  the  Department,  (2) at the time the card is obtained,
10    sign a statement assigning to the State of Illinois  benefits
11    which  may  be  otherwise claimed under any private insurance
12    plans, (3) present the identification card to the  dispensing
13    pharmacist.
14        Whenever  a generic equivalent for a covered prescription
15    drug is available, the Department shall  reimburse  only  for
16    the  reasonable  costs  of  the  generic equivalent, less the
17    co-pay established in this Section, unless  (i)  the  covered
18    prescription drug contains one or more ingredients defined as
19    a  narrow  therapeutic  index drug at 21 CFR 320.33, (ii) the
20    prescriber indicates on the face of the  prescription  "brand
21    medically necessary", and (iii) the prescriber specifies that
22    a  substitution  is  not  permitted.   When  issuing  an oral
23    prescription for covered prescription medication described in
24    item (i) of this paragraph, the  prescriber  shall  stipulate
25    "brand  medically  necessary"  and that a substitution is not
26    permitted.   If  the  covered  prescription  drug   and   its
27    authorizing  prescription  do  not  meet  the criteria listed
28    above,  the  beneficiary   may   purchase   the   non-generic
29    equivalent  of  the  covered  prescription drug by paying the
30    difference between the generic cost and the non-generic  cost
31    plus the beneficiary co-pay.
32        Any   person   otherwise   eligible   for  pharmaceutical
33    assistance under this Act whose covered drugs are covered  by
34    any  public  program for assistance in purchasing any covered
 
HB3872 Enrolled            -14-                LRB9112049SMdv
 1    prescription drugs shall be ineligible for  assistance  under
 2    this  Act  to the extent such costs are covered by such other
 3    plan.
 4        The  fee  to  be  charged  by  the  Department  for   the
 5    identification  card  shall  be  equal  to $5 $40 for persons
 6    below the official poverty line  as  defined  by  the  United
 7    States  Department  of  Health and Human Services and $25 $80
 8    for all other persons.
 9        In the event that 2 or more persons are eligible for  any
10    benefit   under  this  Act,  and  are  members  of  the  same
11    household,  (1)  each  such  person  shall  be  entitled   to
12    participate   in   the   pharmaceutical  assistance  program,
13    provided that he or she meets all other requirements  imposed
14    by  this  subsection  and  (2)  each  participating household
15    member contributes the fee required for that  person  by  the
16    preceding   paragraph   for   the  purpose  of  obtaining  an
17    identification card. Persons eligible for any  benefit  under
18    this  Act  due  to  become  65  in  calendar year 1984 or any
19    subsequent calendar year  in  which  a  claim  is  filed  are
20    excluded  from  the benefit prescribed in this subsection (f)
21    for the calendar year in which they become 65.
22    (Source: P.A. 90-650, eff. 7-27-98; 91-357, eff. 7-29-99.)

23        (320 ILCS 25/5) (from Ch. 67 1/2, par. 405)
24        Sec. 5.  Procedure.
25        (a)  In general.  Claims must be filed after  January  1,
26    on forms prescribed by the Department.  No claim may be filed
27    more  than  one  year after December 31 of the year for which
28    the claim is filed except that claims for 1976 may  be  filed
29    until  December  31,  1978.   The  pharmaceutical  assistance
30    identification card provided for in subsection (f) of Section
31    4 shall be valid for a period not to exceed one year.
32        (b)  Claim  is Personal.  The right to file a claim under
33    this Act shall be personal to  the  claimant  and  shall  not
 
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 1    survive  his death, but such right may be exercised on behalf
 2    of a claimant by his legal guardian or attorney-in-fact.   If
 3    a claimant dies after having filed a timely claim, the amount
 4    thereof  shall be disbursed to his surviving spouse or, if no
 5    spouse survives, to his surviving dependent minor children in
 6    equal parts, provided the spouse or child, as  the  case  may
 7    be, resided with the claimant at the time he filed his claim.
 8    If  at  the time of disbursement neither the claimant nor his
 9    spouse is surviving, and no dependent minor children  of  the
10    claimant  are surviving the amount of the claim shall escheat
11    to the State.
12        (c)  One claim per  household.   Only  one  member  of  a
13    household  may  file  a  claim under this Act in any calendar
14    year;  where  both  members  of  a  household  are  otherwise
15    entitled to claim a grant under this Act, they must agree  as
16    to which of them will file a claim for that year.
17        (d)  Content of application form.  The form prescribed by
18    the  Department for purposes of paragraph (a) shall include a
19    table, appropriately keyed to the parts of the form on  which
20    the  claimant  is required to furnish information, which will
21    enable the claimant  to  determine  readily  the  approximate
22    amount of grant to which he is entitled by relating levels of
23    household   income   to   property   taxes  accrued  or  rent
24    constituting property taxes accrued.
25        (e)  Pharmaceutical    Assistance    Procedures.      The
26    Department   shall   establish   the   form  and  manner  for
27    application, and establish by January 1, 1986 a procedure  to
28    enable  persons  to apply for the additional grant or for the
29    pharmaceutical assistance identification  card  on  the  same
30    application  form. The Department shall determine eligibility
31    for pharmaceutical assistance using the  applicant's  current
32    income.  The  Department  shall  determine a person's current
33    income in the manner provided by the Department by rule.
34    (Source: P.A. 91-533, eff. 8-13-99.)
 
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 1        Section 90.  The State Mandates Act is amended by  adding
 2    Section 8.24 as follows:

 3        (30 ILCS 805/8.24 new)
 4        Sec.  8.24.   Exempt mandate.  Notwithstanding Sections 6
 5    and 8 of this Act, no reimbursement by the State is  required
 6    for  the  implementation  of  any  mandate  created  by  this
 7    amendatory Act of the 91st General Assembly.

 8        Section  99.   Effective  date.  This Act takes effect on
 9    July 1, 2000, except that Sections 5, 15, and 90 take  effect
10    January 1, 2001.

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