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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
92_HB0005ham002
LRB9201217REmbam02
1 AMENDMENT TO HOUSE BILL 5
2 AMENDMENT NO. . Amend House Bill 5, AS AMENDED, by
3 replacing the enacting clause and everything after the
4 enacting clause with the following:
5 "Section 5. The Senior Citizens and Disabled Persons
6 Property Tax Relief and Pharmaceutical Assistance Act is
7 amended by changing Sections 3.15 and 4 and by adding
8 Sections 3.18 and 3.19 as follows:
9 (320 ILCS 25/3.15) (from Ch. 67 1/2, par. 403.15)
10 Sec. 3.15. "Covered prescription drug" means (1) any
11 cardiovascular agent or drug; (2) any insulin or other
12 prescription drug used in the treatment of diabetes,
13 including syringe and needles used to administer the insulin;
14 (3) any prescription drug used in the treatment of arthritis,
15 (4) beginning on January 1, 2001, any prescription drug used
16 in the treatment of cancer, (5) beginning on January 1, 2001,
17 any prescription drug used in the treatment of Alzheimer's
18 disease, (6) beginning on January 1, 2001, any prescription
19 drug used in the treatment of Parkinson's disease, (7)
20 beginning on January 1, 2001, any prescription drug used in
21 the treatment of glaucoma, and (8) beginning on January 1,
22 2001, any prescription drug used in the treatment of lung
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1 disease and smoking related illnesses, and (9) beginning on
2 January 1, 2002, any prescription drug used in the treatment
3 of osteoporosis. The specific agents or products to be
4 included under such categories shall be listed in a handbook
5 to be prepared and distributed by the Department. The
6 general types of covered prescription drugs shall be
7 indicated by rule. The Department of Public Health shall
8 promulgate a list of covered prescription drugs under this
9 program that meet the definition of a narrow therapeutic
10 index drug as described in subsection (f) of Section 4.
11 (Source: P.A. 91-699, eff. 1-1-01.)
12 (320 ILCS 25/3.18 new)
13 Sec. 3.18. Drug used in the treatment of. "Drug used in
14 the treatment of" means (i) a drug used to treat a specified
15 disease or illness or secondary conditions caused by the
16 disease or illness and (ii) a drug used to treat side effects
17 resulting from the use of a drug used to treat the disease or
18 illness.
19 (320 ILCS 25/3.19 new)
20 Sec. 3.19. Disease. "Disease" means a chronic and
21 possibly recurrent illness of long duration, as distinguished
22 from an acute illness that is of short duration with recovery
23 due to limited medical treatment. "Disease" also includes
24 pneumonia, bronchitis, or other similar illnesses.
25 (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
26 Sec. 4. Amount of Grant.
27 (a) In general. Any individual 65 years or older or any
28 individual who will become 65 years old during the calendar
29 year in which a claim is filed, and any surviving spouse of
30 such a claimant, who at the time of death received or was
31 entitled to receive a grant pursuant to this Section, which
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1 surviving spouse will become 65 years of age within the 24
2 months immediately following the death of such claimant and
3 which surviving spouse but for his or her age is otherwise
4 qualified to receive a grant pursuant to this Section, and
5 any disabled person whose annual household income is less
6 than $14,000 for grant years before the 1998 grant year, less
7 than $16,000 for the 1998 and 1999 grant years, and less than
8 (i) $21,218 for a household containing one person, (ii)
9 $28,480 for a household containing 2 persons, or (iii)
10 $35,740 for a household containing 3 or more persons for the
11 2000 grant year, and less than (i) 28,000 for a household
12 containing one person, (ii) $35,000 for a household
13 containing 2 persons, or (iii) $42,000 for a household
14 containing 3 or more persons for the 2001 grant year and
15 thereafter and whose household is liable for payment of
16 property taxes accrued or has paid rent constituting property
17 taxes accrued and is domiciled in this State at the time he
18 files his claim is entitled to claim a grant under this Act.
19 With respect to claims filed by individuals who will become
20 65 years old during the calendar year in which a claim is
21 filed, the amount of any grant to which that household is
22 entitled shall be an amount equal to 1/12 of the amount to
23 which the claimant would otherwise be entitled as provided in
24 this Section, multiplied by the number of months in which the
25 claimant was 65 in the calendar year in which the claim is
26 filed.
27 (b) Limitation. Except as otherwise provided in
28 subsections (a) and (f) of this Section, the maximum amount
29 of grant which a claimant is entitled to claim is the amount
30 by which the property taxes accrued which were paid or
31 payable during the last preceding tax year or rent
32 constituting property taxes accrued upon the claimant's
33 residence for the last preceding taxable year exceeds 3 1/2%
34 of the claimant's household income for that year but in no
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1 event is the grant to exceed (i) $700 less 4.5% of household
2 income for that year for those with a household income of
3 $14,000 or less or (ii) $70 if household income for that year
4 is more than $14,000.
5 (c) Public aid recipients. If household income in one
6 or more months during a year includes cash assistance in
7 excess of $55 per month from the Department of Public Aid or
8 the Department of Human Services (acting as successor to the
9 Department of Public Aid under the Department of Human
10 Services Act) which was determined under regulations of that
11 Department on a measure of need that included an allowance
12 for actual rent or property taxes paid by the recipient of
13 that assistance, the amount of grant to which that household
14 is entitled, except as otherwise provided in subsection (a),
15 shall be the product of (1) the maximum amount computed as
16 specified in subsection (b) of this Section and (2) the ratio
17 of the number of months in which household income did not
18 include such cash assistance over $55 to the number twelve.
19 If household income did not include such cash assistance over
20 $55 for any months during the year, the amount of the grant
21 to which the household is entitled shall be the maximum
22 amount computed as specified in subsection (b) of this
23 Section. For purposes of this paragraph (c), "cash
24 assistance" does not include any amount received under the
25 federal Supplemental Security Income (SSI) program.
26 (d) Joint ownership. If title to the residence is held
27 jointly by the claimant with a person who is not a member of
28 his household, the amount of property taxes accrued used in
29 computing the amount of grant to which he is entitled shall
30 be the same percentage of property taxes accrued as is the
31 percentage of ownership held by the claimant in the
32 residence.
33 (e) More than one residence. If a claimant has occupied
34 more than one residence in the taxable year, he may claim
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1 only one residence for any part of a month. In the case of
2 property taxes accrued, he shall pro rate 1/12 of the total
3 property taxes accrued on his residence to each month that he
4 owned and occupied that residence; and, in the case of rent
5 constituting property taxes accrued, shall pro rate each
6 month's rent payments to the residence actually occupied
7 during that month.
8 (f) There is hereby established a program of
9 pharmaceutical assistance to the aged and disabled which
10 shall be administered by the Department in accordance with
11 this Act, to consist of payments to authorized pharmacies, on
12 behalf of beneficiaries of the program, for the reasonable
13 costs of covered prescription drugs. Each beneficiary who
14 pays $5 for an identification card shall pay no additional
15 prescription costs. Each beneficiary who pays $25 for an
16 identification card shall pay $3 per prescription. In
17 addition, after a beneficiary receives $2,000 in benefits
18 during a State fiscal year through December 31, 2001 and, on
19 and after January 1, 2002, after a beneficiary receives
20 $2,000 in benefits during a calendar year, that beneficiary
21 shall also be charged 20% of the cost of each prescription
22 for which payments are made by the program during the
23 remainder of the fiscal year through December 31, 2001 and,
24 on and after January 1, 2002, during the remainder of the
25 calendar year. To become a beneficiary under this program a
26 person must be: (1) (i) 65 years or older, or (ii) the
27 surviving spouse of such a claimant, who at the time of death
28 received or was entitled to receive benefits pursuant to this
29 subsection, which surviving spouse will become 65 years of
30 age within the 24 months immediately following the death of
31 such claimant and which surviving spouse but for his or her
32 age is otherwise qualified to receive benefits pursuant to
33 this subsection, or (iii) disabled, and (2) is domiciled in
34 this State at the time he files his or her claim, and (3) has
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1 a maximum household income of less than $14,000 for grant
2 years before the 1998 grant year, less than $16,000 for the
3 1998 and 1999 grant years, and less than (i) $21,218 for a
4 household containing one person, (ii) $28,480 for a household
5 containing 2 persons, or (iii) $35,740 for a household
6 containing 3 more persons for the 2000 grant year, and less
7 than (i) 28,000 for a household containing one person, (ii)
8 $35,000 for a household containing 2 persons, or (iii)
9 $42,000 for a household containing 3 or more persons for the
10 2001 grant year and thereafter. In addition, each eligible
11 person must (1) obtain an identification card from the
12 Department, (2) at the time the card is obtained, sign a
13 statement assigning to the State of Illinois benefits which
14 may be otherwise claimed under any private insurance plans,
15 (3) present the identification card to the dispensing
16 pharmacist.
17 Whenever a generic equivalent for a covered prescription
18 drug is available, the Department shall reimburse only for
19 the reasonable costs of the generic equivalent, less the
20 co-pay established in this Section, unless (i) the covered
21 prescription drug contains one or more ingredients defined as
22 a narrow therapeutic index drug at 21 CFR 320.33, (ii) the
23 prescriber indicates on the face of the prescription "brand
24 medically necessary", and (iii) the prescriber specifies that
25 a substitution is not permitted. When issuing an oral
26 prescription for covered prescription medication described in
27 item (i) of this paragraph, the prescriber shall stipulate
28 "brand medically necessary" and that a substitution is not
29 permitted. If the covered prescription drug and its
30 authorizing prescription do not meet the criteria listed
31 above, the beneficiary may purchase the non-generic
32 equivalent of the covered prescription drug by paying the
33 difference between the generic cost and the non-generic cost
34 plus the beneficiary co-pay.
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1 Any person otherwise eligible for pharmaceutical
2 assistance under this Act whose covered drugs are covered by
3 any public program for assistance in purchasing any covered
4 prescription drugs shall be ineligible for assistance under
5 this Act to the extent such costs are covered by such other
6 plan.
7 The fee to be charged by the Department for the
8 identification card shall be equal to $5 per coverage year
9 for persons below the official poverty line as defined by the
10 United States Department of Health and Human Services and $25
11 per coverage year for all other persons. On and before
12 December 31, 2001, coverage under this pharmaceutical
13 assistance program shall begin on the date of application
14 approval and be in effect for 12 months. On and after January
15 1, 2002, coverage under this pharmaceutical assistance
16 program shall be in effect on a calendar year basis.
17 In the event that 2 or more persons are eligible for any
18 benefit under this Act, and are members of the same
19 household, (1) each such person shall be entitled to
20 participate in the pharmaceutical assistance program,
21 provided that he or she meets all other requirements imposed
22 by this subsection and (2) each participating household
23 member contributes the fee required for that person by the
24 preceding paragraph for the purpose of obtaining an
25 identification card.
26 (Source: P.A. 90-650, eff. 7-27-98; 91-357, eff. 7-29-99;
27 91-699, eff. 1-1-01.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.".