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| [ Senate Amendment 002 ] |
91_SB0677ham001
LRB9103095DJcdam03
1 AMENDMENT TO SENATE BILL 677
2 AMENDMENT NO. . Amend Senate Bill 677 by replacing
3 the title with the following:
4 "AN ACT concerning senior citizens and disabled
5 persons."; and
6 on page 1, after line 4, by inserting the following:
7 "Section 2. The Illinois Act on the Aging is amended by
8 adding Section 4.12 as follows:
9 (20 ILCS 105/4.12 new)
10 Sec. 4.12. Department to be the primary administrator of
11 the Circuit Breaker and AABD programs. Notwithstanding any
12 other provision of law, beginning on July 1, 2000, the
13 Department on Aging shall be the primary administrator of the
14 Aid to the Aged, Blind and Disabled program and the Circuit
15 Breaker program created by the Senior Citizens and Disabled
16 Persons Property Tax Relief and Pharmaceutical Assistance
17 Act. The Department on Aging shall determine all policies
18 and promulgate all rules necessary to administer the
19 programs. All intake, case management, and administration
20 for these programs shall be performed by the Department on
21 Aging. The Department may enter into any intergovernmental
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1 agreements necessary in the administration of the programs.
2 The Secretary of Human Services and the Director of
3 Revenue shall work cooperatively with the Director of Aging
4 to transfer the primary administration of these programs to
5 the Department on Aging.
6 If the United States Congress passes legislation
7 providing assistance with prescription drugs for senior
8 citizens, the Department on Aging shall provide to the
9 General Assembly, within 90 days after the effective date of
10 the federal legislation, a report on the effects of the
11 federal legislation on these programs and recommendations for
12 changes to the programs as a result of the federal
13 legislation."; and
14 on page 6, after line 9, by inserting the following:
15 "Section 10. The Senior Citizens and Disabled Persons
16 Property Tax Relief and Pharmaceutical Assistance Act is
17 amended by adding Section 2.5 and by changing Sections 3.02,
18 3.03, 3.15, 4, 5, and 13 as follows:
19 (320 ILCS 25/2.5 new)
20 Sec. 2.5. Department on Aging to be the primary
21 administrator of benefits under the Act. Notwithstanding any
22 other provision of law, beginning on July 1, 2000, the
23 Department on Aging shall be the primary administrator of the
24 benefits under this Act as provided in Section 4.12 of the
25 Illinois Act on the Aging.
26 (320 ILCS 25/3.02) (from Ch. 67 1/2, par. 403.02)
27 Sec. 3.02. "Department" means, before July 1, 2000, the
28 Department of Revenue of this State. On and after July 1,
29 2000, "Department" means the Department on Aging.
30 (Source: P.A. 77-2059.)
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1 (320 ILCS 25/3.03) (from Ch. 67 1/2, par. 403.03)
2 Sec. 3.03. "Director" means, before July 1, 2000, the
3 Director of Revenue of this State. On and after July 1,
4 2000, "Director" means the Director of Aging.
5 (Source: P.A. 77-2059.)
6 (320 ILCS 25/3.15) (from Ch. 67 1/2, par. 403.15)
7 Sec. 3.15. "Covered prescription drug" means (1) any
8 cardiovascular agent or drug; (2) any insulin or other
9 prescription drug used in the treatment of diabetes,
10 including syringe and needles used to administer the insulin;
11 and (3) any prescription drug used in the treatment of
12 arthritis, (4) beginning on January 1, 2001, any prescription
13 drug used in the treatment of cancer, (5) beginning on
14 January 1, 2001, any prescription drug used in the treatment
15 of Alzheimer's disease, (6) beginning on January 1, 2001, any
16 prescription drug used in the treatment of Parkinson's
17 disease, (7) beginning on January 1, 2001, any prescription
18 drug used in the treatment of glaucoma, and (8) beginning on
19 January 1, 2001, any prescription drug associated with lung
20 disease and smoking related illnesses. The specific agents
21 or products to be included under such categories shall be
22 listed in a handbook to be prepared and distributed by the
23 Department. The general types of covered prescription drugs
24 shall be indicated by rule. The Department shall develop a
25 procedure for the coverage of brand name drugs if, at the
26 discretion of the physician, a brand name drug is the only
27 appropriate alternative.
28 (Source: P.A. 85-1176.)
29 (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
30 Sec. 4. Amount of Grant.
31 (a) In general. Any individual 65 years or older or any
32 individual who will become 65 years old during the calendar
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1 year in which a claim is filed, and any surviving spouse of
2 such a claimant, who at the time of death received or was
3 entitled to receive a grant pursuant to this Section, which
4 surviving spouse will become 65 years of age within the 24
5 months immediately following the death of such claimant and
6 which surviving spouse but for his or her age is otherwise
7 qualified to receive a grant pursuant to this Section, and
8 any disabled person whose annual household income is less
9 than $14,000 for grant years before the 1998 grant year, and
10 less than $16,000 for the 1998 and 1999 grant years, and less
11 than (i) $21,218 for a household containing one person, (ii)
12 $28,480 for a household containing 2 persons, or (iii)
13 $35,740 for a household containing 3 or more persons for the
14 2000 grant year and thereafter and whose household is liable
15 for payment of property taxes accrued or has paid rent
16 constituting property taxes accrued and is domiciled in this
17 State at the time he files his claim is entitled to claim a
18 grant under this Act. With respect to claims filed by
19 individuals who will become 65 years old during the calendar
20 year in which a claim is filed, the amount of any grant to
21 which that household is entitled shall be an amount equal to
22 1/12 of the amount to which the claimant would otherwise be
23 entitled as provided in this Section, multiplied by the
24 number of months in which the claimant was 65 in the calendar
25 year in which the claim is filed.
26 (b) Limitation. Except as otherwise provided in
27 subsections (a) and (f) of this Section, the maximum amount
28 of grant which a claimant is entitled to claim is the amount
29 by which the property taxes accrued which were paid or
30 payable during the last preceding tax year or rent
31 constituting property taxes accrued upon the claimant's
32 residence for the last preceding taxable year exceeds 3 1/2%
33 of the claimant's household income for that year but in no
34 event is the grant to exceed (i) $700 less 4.5% of household
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1 income for that year for those with a household income of
2 $14,000 or less or (ii) $70 if household income for that year
3 is more than $14,000 but less than $16,000.
4 (c) Public aid recipients. If household income in one
5 or more months during a year includes cash assistance in
6 excess of $55 per month from the Department of Public Aid or
7 the Department of Human Services (acting as successor to the
8 Department of Public Aid under the Department of Human
9 Services Act) which was determined under regulations of that
10 Department on a measure of need that included an allowance
11 for actual rent or property taxes paid by the recipient of
12 that assistance, the amount of grant to which that household
13 is entitled, except as otherwise provided in subsection (a),
14 shall be the product of (1) the maximum amount computed as
15 specified in subsection (b) of this Section and (2) the ratio
16 of the number of months in which household income did not
17 include such cash assistance over $55 to the number twelve.
18 If household income did not include such cash assistance over
19 $55 for any months during the year, the amount of the grant
20 to which the household is entitled shall be the maximum
21 amount computed as specified in subsection (b) of this
22 Section. For purposes of this paragraph (c), "cash
23 assistance" does not include any amount received under the
24 federal Supplemental Security Income (SSI) program.
25 (d) Joint ownership. If title to the residence is held
26 jointly by the claimant with a person who is not a member of
27 his household, the amount of property taxes accrued used in
28 computing the amount of grant to which he is entitled shall
29 be the same percentage of property taxes accrued as is the
30 percentage of ownership held by the claimant in the
31 residence.
32 (e) More than one residence. If a claimant has occupied
33 more than one residence in the taxable year, he may claim
34 only one residence for any part of a month. In the case of
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1 property taxes accrued, he shall pro rate 1/12 of the total
2 property taxes accrued on his residence to each month that he
3 owned and occupied that residence; and, in the case of rent
4 constituting property taxes accrued, shall pro rate each
5 month's rent payments to the residence actually occupied
6 during that month.
7 (f) There is hereby established a program of
8 pharmaceutical assistance to the aged and disabled which
9 shall be administered by the Department in accordance with
10 this Act, to consist of payments to authorized pharmacies, on
11 behalf of beneficiaries of the program, for the reasonable
12 costs of covered prescription drugs. Each beneficiary who
13 pays $5 $40 for an identification card shall pay no
14 additional the first $15 of prescription costs each month.
15 Each beneficiary who pays $25 $80 for an identification card
16 shall pay the first $3 per $25 of prescription costs each
17 month. In addition, after a beneficiary receives $2,000 $800
18 in benefits during a State fiscal year, that beneficiary
19 shall also be charged 20% of the cost of each prescription
20 for which payments are made by the program during the
21 remainder of the fiscal year. To become a beneficiary under
22 this program a person must be: (1) (i) 65 years or older, or
23 (ii) the surviving spouse of such a claimant, who at the time
24 of death received or was entitled to receive benefits
25 pursuant to this subsection, which surviving spouse will
26 become 65 years of age within the 24 months immediately
27 following the death of such claimant and which surviving
28 spouse but for his or her age is otherwise qualified to
29 receive benefits pursuant to this subsection, or (iii)
30 disabled, and (2) is domiciled in this State at the time he
31 files his or her claim, and (3) has a maximum household
32 income of less than $14,000 for grant years before the 1998
33 grant year, and less than $16,000 for the 1998 and 1999 grant
34 years, and less than (i) $21,218 for a household containing
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1 one person, (ii) $28,480 for a household containing 2
2 persons, or (iii) $35,740 for a household containing 3 more
3 persons for the 2000 grant year and thereafter. In addition,
4 each eligible person must (1) obtain an identification card
5 from the Department, (2) at the time the card is obtained,
6 sign a statement assigning to the State of Illinois benefits
7 which may be otherwise claimed under any private insurance
8 plans, (3) present the identification card to the dispensing
9 pharmacist.
10 Any person otherwise eligible for pharmaceutical
11 assistance under this Act whose covered drugs are covered by
12 any public program for assistance in purchasing any covered
13 prescription drugs shall be ineligible for assistance under
14 this Act to the extent such costs are covered by such other
15 plan.
16 The fee to be charged by the Department for the
17 identification card shall be equal to $5 $40 for persons
18 below the official poverty line as defined by the United
19 States Department of Health and Human Services and $25 $80
20 for all other persons.
21 In the event that 2 or more persons are eligible for any
22 benefit under this Act, and are members of the same
23 household, (1) each such person shall be entitled to
24 participate in the pharmaceutical assistance program,
25 provided that he or she meets all other requirements imposed
26 by this subsection and (2) each participating household
27 member contributes the fee required for that person by the
28 preceding paragraph for the purpose of obtaining an
29 identification card. Persons eligible for any benefit under
30 this Act due to become 65 in calendar year 1984 or any
31 subsequent calendar year in which a claim is filed are
32 excluded from the benefit prescribed in this subsection (f)
33 for the calendar year in which they become 65.
34 (Source: P.A. 90-650, eff. 7-27-98; 91-357, eff. 7-29-99.)
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1 (320 ILCS 25/5) (from Ch. 67 1/2, par. 405)
2 Sec. 5. Procedure.
3 (a) In general. Claims must be filed after January 1,
4 on forms prescribed by the Department. No claim may be filed
5 more than one year after December 31 of the year for which
6 the claim is filed except that claims for 1976 may be filed
7 until December 31, 1978. The pharmaceutical assistance
8 identification card provided for in subsection (f) of Section
9 4 shall be valid for a period not to exceed one year.
10 (b) Claim is Personal. The right to file a claim under
11 this Act shall be personal to the claimant and shall not
12 survive his death, but such right may be exercised on behalf
13 of a claimant by his legal guardian or attorney-in-fact. If
14 a claimant dies after having filed a timely claim, the amount
15 thereof shall be disbursed to his surviving spouse or, if no
16 spouse survives, to his surviving dependent minor children in
17 equal parts, provided the spouse or child, as the case may
18 be, resided with the claimant at the time he filed his claim.
19 If at the time of disbursement neither the claimant nor his
20 spouse is surviving, and no dependent minor children of the
21 claimant are surviving the amount of the claim shall escheat
22 to the State.
23 (c) One claim per household. Only one member of a
24 household may file a claim under this Act in any calendar
25 year; where both members of a household are otherwise
26 entitled to claim a grant under this Act, they must agree as
27 to which of them will file a claim for that year.
28 (d) Content of application form. The form prescribed by
29 the Department for purposes of paragraph (a) shall include a
30 table, appropriately keyed to the parts of the form on which
31 the claimant is required to furnish information, which will
32 enable the claimant to determine readily the approximate
33 amount of grant to which he is entitled by relating levels of
34 household income to property taxes accrued or rent
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1 constituting property taxes accrued.
2 (e) Pharmaceutical Assistance Procedures. The
3 Department shall establish the form and manner for
4 application, and establish by January 1, 1986 a procedure to
5 enable persons to apply for the additional grant or for the
6 pharmaceutical assistance identification card on the same
7 application form. The Department shall determine eligibility
8 for pharmaceutical assistance using the applicant's current
9 income. The Department shall determine a person's current
10 income in the manner provided by the Department by rule.
11 (Source: P.A. 91-533, eff. 8-13-99.)
12 (320 ILCS 25/13) (from Ch. 67 1/2, par. 413)
13 Sec. 13. List of persons eligible provided to
14 municipalities. Until July 1, 2000, the Department of
15 Revenue, and on and after July 1, 2000, the Department on
16 Aging shall maintain a list of all persons who have qualified
17 under this Act and shall make the list available to
18 municipalities upon request.
19 All information received by a municipality under this
20 Section shall be confidential, except for official purposes,
21 and any person who divulges or uses that information in any
22 manner, except in accordance with a proper judicial order,
23 shall be guilty of a Class B misdemeanor.
24 (Source: P.A. 87-247.)".