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92_HB2001eng HB2001 Engrossed LRB9205393DJgcA 1 AN ACT in relation to tobacco. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Article 1. General Provisions 5 Section 1-1. Short title. This Act may be cited as the 6 Tobacco Settlement Recovery Fund Uses Act. 7 Section 1-5. Findings. The General Assembly finds that 8 as a result of a national settlement, tobacco companies have 9 agreed to make substantial payments to Illinois. These 10 moneys are being paid to reimburse the State for expenses 11 related to smoking and to help prevent future tobacco-related 12 expenses to the State. The General Assembly further finds 13 that all of the moneys received as a result of the tobacco 14 settlement should be deposited into the Tobacco Settlement 15 Recovery Fund and that the proceeds of this fund shall be 16 used to promote tobacco use prevention and reduction and to 17 improve the health of the citizens of Illinois. 18 Article 5. Tobacco Use Prevention and Reduction Program 19 Section 5-5. Findings. The General Assembly finds that 20 tobacco use in Illinois is a significant economic and social 21 burden and that tobacco use remains the number one 22 preventable cause of death in Illinois and across the United 23 States. 24 Section 5-10. Definitions. In this Article: 25 "Advisory council" means the Comprehensive Tobacco Use 26 Prevention and Reduction Program Advisory Council. 27 "CDC" means the federal Centers for Disease Control and HB2001 Engrossed -2- LRB9205393DJgcA 1 Prevention. 2 "CDC guidelines" means the CDC tobacco use prevention and 3 reduction guidelines. 4 "Department" means the Department of Public Health. 5 "Director" means the Director of Public Health. 6 "Program" means the Comprehensive Tobacco Use Prevention 7 and Reduction Program created under Section 5-15. 8 Section 5-15. Program created. The Tobacco Use Prevention 9 and Reduction Program is created in the Department of Public 10 Health. The purpose of the program is to reduce tobacco 11 consumption in Illinois and prevent and control chronic 12 diseases with respect to which tobacco is a risk factor. The 13 Director must coordinate tobacco use prevention and reduction 14 activities among all State agencies. All activities funded 15 under the program must be gender-neutral. 16 Section 5-20. Program goal. The goal of the program is to 17 implement the CDC guidelines and to promote heath and reduce 18 tobacco-related disease, disability, and death. 19 Section 5-25. Strategic plan. 20 (a) The Department must prepare a strategic plan in 21 accordance with the CDC guidelines for comprehensive tobacco 22 use prevention and reduction. The strategic plan must do the 23 following: 24 (1) Put emphasis on prevention and reduction of 25 tobacco use by minorities, pregnant women, children, and 26 youth. 27 (2) Encourage teen and adult smoking cessation. 28 (3) Produce and distribute information concerning 29 the dangers of tobacco use and concerning tobacco-related 30 diseases. 31 (4) Provide research on issues related to the HB2001 Engrossed -3- LRB9205393DJgcA 1 reduction of tobacco use. 2 (5) Address enforcement of laws concerning sales of 3 tobacco to youth. 4 (6) Review the health and economic impact of 5 second-hand smoke. 6 (7) Undertake other activities that the Department, 7 in consultation with the advisory council, considers 8 necessary and appropriate in accordance with the CDC 9 guidelines. 10 (b) The strategic plan must set goals for 5 years and 11 must, at a minimum, include the following 4 components: 12 (1) Community interventions. 13 (2) Public awareness and education. 14 (3) Program policy and regulation. 15 (4) Surveillance and evaluation. 16 (c) The strategic plan must be updated at least once 17 every 2 years and must be provided to the General Assembly 18 and the Governor. The strategic plan must be made available 19 to the public. 20 (d) The Department must submit an annual report to the 21 Governor and the General Assembly concerning program 22 activities. These annual reports must be made available to 23 the public. 24 Section 5-30. Funding. Pursuant to the strategic plan, 25 the Department must carry out, or provide funding to other 26 governmental agencies or not-for-profit organizations, or 27 both, to carry out, research and programs related to tobacco 28 use prevention and reduction. The Department, in 29 consultation with the advisory council, must establish a 30 process, including guidelines and evaluation criteria, to 31 ensure program funding that meets the intent of this Section. 32 Section 5-35. Advisory council. HB2001 Engrossed -4- LRB9205393DJgcA 1 (a) The Comprehensive Tobacco Use Prevention and 2 Reduction Program Advisory Council is established to advise 3 the Department on issues related to the program, including 4 the development and implementation of the strategic plan 5 under Section 5-25. 6 (b) The advisory council must consist of the following 14 7 members appointed by the Governor with the approval of the 8 Senate: 9 (1) One representative from the American Lung 10 Association. 11 (2) One representative from the American Cancer 12 Society. 13 (3) One representative from the American Heart 14 Association. 15 (4) One representative from the Illinois Coalition 16 Against Tobacco. 17 (5) One representative from the Illinois Association 18 of Public Health Administrators. 19 (6) One representative from the Illinois Academy of 20 Family Physicians. 21 (7) One representative from the Illinois Chapter of 22 the American Academy of Pediatrics. 23 (8) One representative from the Illinois State 24 Medical Society. 25 (9) One representative of the Illinois Nurses 26 Association. 27 (10) Three representatives of community-based 28 organizations who have demonstrated a commitment to 29 reducing tobacco use. 30 (11) One representative from the Illinois research 31 community with expertise in tobacco research. 32 (12) One representative with experience in mass 33 marketing and media. 34 (c) The advisory council members must have experience and HB2001 Engrossed -5- LRB9205393DJgcA 1 expertise in tobacco use prevention and control. 2 (d) The advisory council must select a chairperson from 3 its members and must meet at least once each calendar quarter 4 or at times determined by the Director. 5 (e) The members of the advisory council must serve 6 without compensation but are entitled to reimbursement for 7 their reasonable and necessary expenses actually incurred in 8 conducting program business. 9 (f) Members must serve for terms of 3 years, except that 10 the initial appointments must be made as follows: 11 (1) Five members must be appointed for 3 years. 12 (2) Five members must be appointed for 4 years. 13 (3) Four members must be appointed for 5 years. 14 Members appointed to fill vacancies occurring before 15 expiration of the predecessors' term are entitled to hold 16 office for the remainder of the term. 17 Section 5-40. Department of Public Aid tobacco cessation 18 programs. The Department of Public Aid must implement tobacco 19 use cessation programs for recipients of public aid under the 20 Illinois Public Aid Code. The programs must cover counseling 21 by health care professionals or providers and pharmacological 22 support as indicated. 23 Article 15. Community Health Center Expansion 24 Section 15-5. Definitions. In this Article: 25 "Community health center site" means a new physical site 26 where a community health center will provide primary health 27 care services to either a medically underserved population or 28 area or the uninsured population of this State. 29 "Community provider" means a not-for-profit health clinic 30 in Illinois providing services to a medically underserved 31 population in a medically underserved area. HB2001 Engrossed -6- LRB9205393DJgcA 1 "Department" means the Illinois Department of Public 2 Health. 3 "Medically underserved area" means an urban or rural area 4 designated by the Secretary of the United States Department 5 of Health and Human Services as an area with a shortage of 6 personal health services. 7 "Medically underserved population" means (i) the 8 population of an urban or rural area designated by the 9 Secretary of the United States Department of Health and Human 10 Services as an area with a shortage of personal health 11 services or (ii) a population group designated by the 12 Secretary as having a shortage of those services. 13 "Primary health care services" means the following: 14 (1) Basic health services consisting of the 15 following: 16 (A) Health services related to family 17 medicine, internal medicine, pediatrics, obstetrics, 18 or gynecology that are furnished by physicians and, 19 if appropriate, physician assistants, nurse 20 practitioners, and nurse midwives. 21 (B) Diagnostic laboratory and radiologic 22 services. 23 (C) Preventive health services, including the 24 following: 25 (i) Prenatal and perinatal services. 26 (ii) Screenings for breast and cervical 27 cancer. 28 (iii) Well-child services. 29 (iv) Immunizations against 30 vaccine-preventable diseases. 31 (v) Screenings for elevated blood lead 32 levels, communicable diseases, and cholesterol. 33 (vi) Pediatric eye, ear, and dental 34 screenings to determine the need for vision and HB2001 Engrossed -7- LRB9205393DJgcA 1 hearing correction and dental care. 2 (vii) Voluntary family planning services. 3 (viii) Preventive dental services. 4 (D) Emergency medical services. 5 (E) Pharmaceutical services as appropriate for 6 particular health centers. 7 (2) Referrals to providers of medical services and 8 other health-related services (including substance abuse 9 and mental health services). 10 (3) Patient case management services (including 11 counseling, referral, and follow-up services) and other 12 services designed to assist health center patients in 13 establishing eligibility for and gaining access to 14 federal, State, and local programs that provide or 15 financially support the provision of medical, social, 16 educational, or other related services. 17 (4) Services that enable individuals to use the 18 services of the health center (including outreach and 19 transportation services and, if a substantial number of 20 the individuals in the population are of limited 21 English-speaking ability, the services of appropriate 22 personnel fluent in the language spoken by a predominant 23 number of those individuals). 24 (5) Education of patients and the general 25 population served by the health center regarding the 26 availability and proper use of health services. 27 (6) Additional health services consisting of 28 services that are appropriate to meet the health needs of 29 the population served by the health center involved and 30 that may include the following: 31 (A) Environmental health services, including 32 the following: 33 (i) Detection and alleviation of 34 unhealthful conditions associated with water HB2001 Engrossed -8- LRB9205393DJgcA 1 supply. 2 (ii) Sewage treatment. 3 (iii) Solid waste disposal. 4 (iv) Detection and alleviation of rodent 5 and parasite infestation. 6 (v) Field sanitation. 7 (vi) Housing. 8 (vii) Other environmental factors related 9 to health. 10 (B) Special occupation-related health services 11 for migratory and seasonal agricultural workers, 12 including the following: 13 (i) Screening for and control of 14 infectious diseases, including parasitic 15 diseases. 16 (ii) Injury prevention programs, which 17 may include prevention of exposure to unsafe 18 levels of agricultural chemicals, including 19 pesticides. 20 "Uninsured population" means persons who do not own 21 private health care insurance, are not part of a group 22 insurance plan, and are not eligible for any State or federal 23 government-sponsored health care program. 24 Section 15-10. Grants. The Department shall establish a 25 community health center expansion grant program and may make 26 grants to eligible community providers subject to 27 appropriations for that purpose. The grants shall be for the 28 purpose of (i) establishing new community health center sites 29 to provide primary health care services to medically 30 underserved populations or areas as defined in Section 15-5 31 or (ii) providing primary health care services to the 32 uninsured population of Illinois. Grants under this Section 33 shall be for periods of 3 years. The Department may make new HB2001 Engrossed -9- LRB9205393DJgcA 1 grants whenever the total amount appropriated for grants is 2 sufficient to fund both the new grants and the grants already 3 in effect. A recipient of a grant to establish a new 4 community health center site must add each such site to the 5 recipient's established service network. The grant recipient 6 must complete this process by the end of the second year of 7 the grant. 8 Section 15-13. Public notice and comment. The 9 Department shall adopt, by rule, public notice and comment 10 procedures. Public notice of a grant request must be given 11 to the health care professionals, the health care facilities, 12 and the public in the general area served by the entity 13 requesting the grant. This notice may be given by 14 publication in a newspaper of general circulation in the 15 general area. Comments must be accepted for a minimum of a 16 30-day period. Any comments that are received must be 17 reviewed by the Department in determining whether or not to 18 make a grant. 19 Section 15-15. Eligibility for grant. To be eligible for 20 a grant under this Article, a recipient must be a community 21 provider as defined in Section 15-5. 22 Section 15-20. Use of grant moneys. A recipient of a 23 grant under this Article may use the grant moneys to do any 24 one or more of the following: 25 (1) Purchase equipment. 26 (2) Acquire a new physical location for the 27 purposes of delivering primary health care services. 28 (3) Hire and train staff. 29 (4) Develop new practice networks. 30 (5) Purchase services or products that will 31 facilitate the provision of health care services at a new HB2001 Engrossed -10- LRB9205393DJgcA 1 community health center site. 2 Section 15-25. Reporting. Within 60 days after the first 3 and second years of the grant made pursuant to this Article, 4 the grant recipient must submit a progress report to the 5 Office of Rural Health within the Department. The Department 6 shall ensure that each grant recipient is meeting the goals 7 and objectives stated in the original grant proposal 8 submitted by the recipient, that grant moneys are being used 9 for appropriate purposes, and that residents of the community 10 are being served by the new community health center site 11 established with grant moneys. 12 Article 20. Local Public Health Priorities 13 Section 20-5. Findings. The General Assembly finds that 14 local public health departments develop plans for addressing 15 significant public health concerns, including, but not 16 limited to, access to care, asthma, breast and cervical 17 cancer, cardiovascular disease, depression, infant health, 18 infectious diseases including HIV, immunization, 19 tuberculosis, injury, substance abuse, and violence 20 prevention. 21 Section 20-10. Definitions. In this Article: 22 "Department" means the Department of Public Health. 23 "Program" means the Local Public Health Priorities 24 Program created under Section 20-15. 25 Section 20-15. Program established. The Local Public 26 Health Priorities Program is established in the Department to 27 fund the local public health department priorities identified 28 in Section 20-5. HB2001 Engrossed -11- LRB9205393DJgcA 1 Section 20-20. Grants to certified local health 2 departments. The program must provide grants to any certified 3 local health department in the State meeting the criteria 4 established by the Department, to work with local 5 community-based organizations to allow the certified local 6 health departments to achieve local priorities as outlined in 7 the certified local health department's Illinois Project for 8 Local Assessment of Needs approved by the Department. Grants 9 must be made to each certified local health department using 10 a distribution plan based on the formula used to distribute 11 moneys under the Local Health Protection Grants. Sixty 12 percent of the moneys allocated to the program must be spent 13 for the grants. 14 Section 20-25. Health department system development. The 15 program must provide competitive grants to any certified 16 local health department in the State meeting the criteria 17 established by the Department, to allow the local health 18 departments to develop systems to improve preparedness for 19 and responses to both acute and chronic threats to the health 20 of Illinois citizens, including, but not limited to, emerging 21 infections, disparities in health status, and chronic injury 22 rates. Grants must be made to each certified local health 23 department based on the need for the improvement. Forty 24 percent of the moneys allocated to the program must be spent 25 for the grants. 26 Article 25. Biomedical research 27 Section 25-5. Definition. In this Article, "program" 28 means the Biomedical Research Program established under 29 Section 25-10. 30 Section 25-10. Establishment of program. The Biomedical HB2001 Engrossed -12- LRB9205393DJgcA 1 Research Program is established. The program must be 2 administered by the Illinois Board of Higher Education, which 3 must establish a program office with a director and other 4 necessary staff in order to conduct the program. With respect 5 to the program, the Board of Higher Education must do all of 6 the following: 7 (1) Set policy for the program. 8 (2) Provide overall direction and coordination of 9 the program. 10 (3) Award grants under the program. 11 (4) Provide staff assistance to the Biomedical 12 Research Program Advisory Council and peer review panels 13 as necessary. 14 (5) Provide for periodic program evaluation to 15 ensure that work funded is consistent with program goals. 16 (6) Maintain a system of financial reporting and 17 accountability. 18 (7) Transmit periodic programmatic and financial 19 reports to the State. 20 (8) Provide for the systematic dissemination of 21 research results to the health care community and to the 22 public. 23 (9) Develop policies and procedures to facilitate 24 the translation of research results into commercial 25 applications. 26 (10) Inform interested parties of the availability 27 of research grants under the program. 28 Section 25-15. Goals. The Biomedical Research Program has 29 the following goals: 30 (1) To improve the health of the citizens of 31 Illinois. 32 (2) To improve scientific understanding with regard 33 to the mechanisms that cause disease, especially HB2001 Engrossed -13- LRB9205393DJgcA 1 tobacco-related diseases and other conditions linked to 2 smoking and tobacco use (for example, addiction). 3 (3) To improve treatments for disease, especially 4 tobacco-related diseases. 5 (4) To increase capacity for biomedical research. 6 (5) To increase applications of biomedical research 7 discoveries and technology transfer to the biotechnology 8 industry. 9 Section 25-20. Advisory council. 10 (a) The Biomedical Research Program Advisory Council is 11 established. The advisory council must consist of the 12 following members: 13 (1) One member from each university with a medical 14 school located in Illinois and its affiliated hospital, 15 nominated in consultation with the president of the 16 university. 17 (2) Three members representing professional medical 18 organizations. 19 (3) One member each from an Illinois chapter of each 20 of the 3 national voluntary health organizations leading 21 efforts to reduce tobacco use: the American Cancer 22 Society, the American Heart Association, and the American 23 Lung Association. 24 (4) One member from a State agency concerned with 25 tobacco use control. 26 (5) One member representing the biotechnology 27 industry. 28 (b) Each of the members described in subsection (a) must 29 be appointed by the Governor with the advise and consent of 30 the Senate. 31 (c) Members are entitled only to reimbursement of their 32 reasonable travel expenses actually incurred in performing 33 their duties. HB2001 Engrossed -14- LRB9205393DJgcA 1 (d) The advisory council is responsible for the 2 following: 3 (1) Providing advice to the Board of Higher 4 Education on priorities and emphases of the Biomedical 5 Research Program. 6 (2) Providing advice on the overall program budget. 7 (3) Participating in periodic program evaluation. 8 (4) Assisting in the development of guidelines to 9 ensure fairness, neutrality, and quality in the conduct 10 of the program. 11 (5) Assisting in the development of appropriate 12 linkages to nonacademic entities including, but not 13 limited to, voluntary organizations, health care service 14 providers, industry, government agencies, and public 15 officials. 16 (6) Overseeing the formula funding process under 17 subsection (a) of Section 25-30, including reviewing 18 proposals for funding and making recommendations to the 19 Board of Higher Education for grant awards. 20 (7) Overseeing the competitive funding process under 21 Section 25-30, including determining the focus of and 22 procedures for solicitations and peer review; selecting 23 qualified and appropriate reviewers for peer review 24 panels from outside Illinois in order to avoid conflicts 25 of interest; and reviewing peer review panel reports and 26 making recommendations to the Board of Higher Education 27 for grant awards. 28 Section 25-25. Eligible expenditures. 29 (a) Expenditures from the program are allowable based on 30 the criteria set forth in subsections (b) through (d). 31 (b) Eligible biomedical research is defined as including 32 not only basic and clinical research but also basic 33 behavioral research and epidemiological research that address HB2001 Engrossed -15- LRB9205393DJgcA 1 topics such as those described in subsection (c). 2 (c) Eligible biomedical research topics include, but are 3 not limited to, the following diseases or conditions, for 4 which smoking or tobacco use has been established to be a 5 risk factor contributing to illness or disability: 6 (1) Coronary heart disease. 7 (2) Cerebrovascular disease. 8 (3) Cancer, including cancers of the mouth, larynx, 9 esophagus, lung, bladder, kidney, and pancreas. 10 (4) Chronic obstructive lung disease, including 11 emphysema, chronic bronchitis, asthma, and related lung 12 disorders. 13 (5) Other diseases or conditions that have an 14 established link or a probable link (for example, breast 15 cancer, prostate cancer, colon cancer) to smoking or 16 tobacco use. 17 (d) "Eligible biomedical research costs" mean the 18 following: 19 (1) Direct costs of performing eligible biomedical 20 research. 21 (2) Indirect costs of performing eligible biomedical 22 research as defined by federal cost-accounting guidelines 23 for federally sponsored research and reimbursable at each 24 institution's current negotiated rate for federal 25 indirect cost recovery. 26 (3) Capital costs of performing eligible biomedical 27 research under the program, including related laboratory 28 expansion or renovation and purchase of equipment. These 29 capital expenditures are not eligible for indirect cost 30 recovery. 31 (4) Capital costs that are not related to a specific 32 research project but that enhance the institution's 33 capacity for biomedical research. These capital 34 expenditures are not eligible for indirect cost recovery. HB2001 Engrossed -16- LRB9205393DJgcA 1 (5) Expenses of up to 5% of the moneys awarded to 2 each institution for translational research that 3 facilitates the application of biomedical research 4 discoveries and technology transfer to the biotechnology 5 industry and ultimately to the public. These expenses are 6 eligible for indirect cost recovery as defined in 7 paragraph (2). 8 Section 25-30. Distribution of moneys. 9 (a) Illinois universities with medical schools and 10 affiliated hospitals as a group are to be allocated 50% of 11 the total amount appropriated for the program. These moneys 12 must be distributed among these universities using the 13 following formula: 14 (1) Each university must be allocated base funding 15 equal to 5% of the 50% allocated under this subsection. 16 (2) Each university must then be allocated, from the 17 remainder of the 50% allocated under this subsection, a 18 proportionate amount based on the ratio of the total 19 previous federal fiscal year National Institutes of 20 Health funding for each university with a medical school 21 and affiliated hospital to the total previous federal 22 fiscal year National Institutes of Health funding for all 23 the Illinois universities with medical schools and 24 affiliated hospitals in aggregate. 25 (3) Each university, in order to receive and spend 26 its formula-allocated moneys, must submit proposals and 27 must receive approval by the advisory council based 28 solely on compliance with the eligibility criteria set 29 forth in Section 25-25. 30 (b) The remaining 50% of the total amount appropriated 31 for the program must be available for competitive funding of 32 biomedical research among all not-for-profit organizations in 33 the State that perform biomedical research, including those HB2001 Engrossed -17- LRB9205393DJgcA 1 universities included in subsection (a). Each applicant, in 2 order to receive and spend these moneys, must submit 3 proposals for biomedical research based on the eligibility 4 criteria set forth in Section 25-25 and must receive approval 5 by the advisory council. The competitive funding shall be 6 awarded by the Illinois Board of Higher Education based on 7 the recommendations of the advisory council after reviewing 8 the reports of the peer review panels. 9 Article 35. Advisory Panel 10 Section 35-5. The Tobacco Settlement Recovery Fund 11 Advisory Panel is established. The advisory panel must be 12 comprised of the following 7 members: one member representing 13 the Comprehensive Tobacco Use Prevention and Reduction 14 Program Advisory Council, one member representing the 15 Department of Public Aid, one member representing a Certified 16 Local Health Department, one member representing the 17 Biomedical Research Program Advisory Council, one member 18 representing the Illinois State Medical Society, one member 19 representing a voluntary health organization dedicated to the 20 reduction of tobacco use, and the Director of Public Health 21 or his or her designee. Members are entitled only to 22 reimbursement of their reasonable travel expenses actually 23 incurred in performing their duties. 24 Section 35-10. Meetings; report. The advisory panel must 25 meet at least once each calendar quarter and must monitor the 26 programs established under this Act. The advisory panel must 27 submit an annual report to the Governor and the General 28 Assembly. The report must include a recommendation regarding 29 the appropriations necessary to fund the programs established 30 in Articles 5 through 25 of this Act. HB2001 Engrossed -18- LRB9205393DJgcA 1 Article 40. Miscellaneous Provisions 2 Section 40-5. Administration of Act. 3 (a) The Department of Public Health must administer 4 Articles 5, 15, 20, and 35 and may adopt reasonable and 5 necessary rules to implement each of those Articles. 6 (b) The Illinois Board of Higher Education must 7 administer Article 25 of this Act and may adopt reasonable 8 and necessary rules to implement that Article. 9 Section 40-10. Judicial review prohibited. The 10 Department of Public Health's final decisions on grants under 11 Articles 5, 10, and 20 are not appealable under the Illinois 12 Administrative Review Law. The Illinois Board of Higher 13 Education's final decisions on grants under Article 25 are 14 not appealable under the Illinois Administrative Review Law. 15 Section 40-15. Severability. The provisions of this Act 16 and each Article are severable under Section 1.31 of the 17 Statute on Statues. 18 Article 90. Amendatory Provisions 19 Section 90-5. The Civil Administrative Code of Illinois 20 is amended by adding Section 2310-295 as follows: 21 (20 ILCS 2310/2310-295 new) 22 Sec. 2310-295. Free medical clinic grants. From moneys 23 appropriated from the Tobacco Settlement Recovery Fund, the 24 Department must make grants to free medical clinics as 25 defined in Section 30 of the Good Samaritan Act for 26 purposes of funding health care services. Sixty percent of 27 the total amount appropriated under this Section must be 28 disbursed to all eligible applicants. Forty percent of HB2001 Engrossed -19- LRB9205393DJgcA 1 that total amount must be disbursed to eligible applicants 2 based on specific criteria prescribed by the Department. 3 The Department must adopt rules to implement this Section. 4 Section 90-7. The State Finance Act is amended by 5 changing Section 6z-43 as follows: 6 (30 ILCS 105/6z-43) 7 Sec. 6z-43. Tobacco Settlement Recovery Fund. 8 (a) There is created in the State Treasury a special 9 fund to be known as the Tobacco Settlement Recovery Fund, 10 into which shall be deposited all monies paid to the State 11 pursuant to (1) the Master Settlement Agreement entered in 12 the case of People of the State of Illinois v. Philip Morris, 13 et al. (Circuit Court of Cook County, No. 96-L13146) and (2) 14 any settlement with or judgment against any tobacco product 15 manufacturer other than one participating in the Master 16 Settlement Agreement in satisfaction of any released claim as 17 defined in the Master Settlement Agreement, as well as any 18 other monies as provided by law. All earnings on Fund 19 investments shall be deposited into the Fund. Upon the 20 creation of the Fund, the State Comptroller shall order the 21 State Treasurer to transfer into the Fund any monies paid to 22 the State as described in item (1) or (2) of this Section 23 before the creation of the Fund plus any interest earned on 24 the investment of those monies. The Treasurer may invest the 25 moneys in the Fund in the same manner, in the same types of 26 investments, and subject to the same limitations provided in 27 the Illinois Pension Code for the investment of pension funds 28 other than those established under Article 3 or 4 of the 29 Code. 30 (b) As soon as may be practical after June 30, 2001, the 31 State Comptroller shall direct and the State Treasurer shall 32 transfer the unencumbered balance in the Tobacco Settlement HB2001 Engrossed -20- LRB9205393DJgcA 1 Recovery Fund as of June 30, 2001 into the Budget 2 Stabilization Fund. The Treasurer may invest the moneys in 3 the Budget Stabilization Fund in the same manner, in the same 4 types of investments, and subject to the same limitations 5 provided in the Illinois Pension Code for the investment of 6 pension funds other than those established under Article 3 or 7 4 of the Code. 8 (c) Appropriations from the Tobacco Settlement Recovery 9 Fund are subject to the Tobacco Settlement Recovery Fund 10 Appropriations Act and the Tobacco Settlement Recovery Fund 11 Uses Act. 12 (Source: P.A. 91-646, eff. 11-19-99; 91-704, eff. 7-1-00; 13 91-797, eff. 6-9-00; revised 6-28-00.) 14 Section 90-15. The Senior Citizens and Disabled Persons 15 Property Tax Relief and Pharmaceutical Assistance Act is 16 amended by changing Section 4 as follows: 17 (320 ILCS 25/4) (from Ch. 67 1/2, par. 404) 18 Sec. 4. Amount of Grant. 19 (a) In general. Any individual 65 years or older or any 20 individual who will become 65 years old during the calendar 21 year in which a claim is filed, and any surviving spouse of 22 such a claimant, who at the time of death received or was 23 entitled to receive a grant pursuant to this Section, which 24 surviving spouse will become 65 years of age within the 24 25 months immediately following the death of such claimant and 26 which surviving spouse but for his or her age is otherwise 27 qualified to receive a grant pursuant to this Section, and 28 any disabled person whose annual household income is less 29 than $14,000 for grant years before the 1998 grant year, less 30 than $16,000 for the 1998 and 1999 grant years,andless than 31 (i) $21,218 for a household containing one person, (ii) 32 $28,480 for a household containing 2 persons, or (iii) HB2001 Engrossed -21- LRB9205393DJgcA 1 $35,740 for a household containing 3 or more persons for the 2 2000 grant year, and less than (i) $24,000 for a household 3 containing one person, (ii) $30,000 for a household 4 containing 2 persons, or (iii) $33,000 for a household 5 containing 3 or more persons for the 2001 grant year and 6 thereafter and whose household is liable for payment of 7 property taxes accrued or has paid rent constituting property 8 taxes accrued and is domiciled in this State at the time he 9 files his claim is entitled to claim a grant under this Act. 10 With respect to claims filed by individuals who will become 11 65 years old during the calendar year in which a claim is 12 filed, the amount of any grant to which that household is 13 entitled shall be an amount equal to 1/12 of the amount to 14 which the claimant would otherwise be entitled as provided in 15 this Section, multiplied by the number of months in which the 16 claimant was 65 in the calendar year in which the claim is 17 filed. 18 (b) Limitation. Except as otherwise provided in 19 subsections (a) and (f) of this Section, the maximum amount 20 of grant which a claimant is entitled to claim is the amount 21 by which the property taxes accrued which were paid or 22 payable during the last preceding tax year or rent 23 constituting property taxes accrued upon the claimant's 24 residence for the last preceding taxable year exceeds 3 1/2% 25 of the claimant's household income for that year but in no 26 event is the grant to exceed (i) $700 less 4.5% of household 27 income for that year for those with a household income of 28 $14,000 or less or (ii) $70 if household income for that year 29 is more than $14,000. 30 (c) Public aid recipients. If household income in one 31 or more months during a year includes cash assistance in 32 excess of $55 per month from the Department of Public Aid or 33 the Department of Human Services (acting as successor to the 34 Department of Public Aid under the Department of Human HB2001 Engrossed -22- LRB9205393DJgcA 1 Services Act) which was determined under regulations of that 2 Department on a measure of need that included an allowance 3 for actual rent or property taxes paid by the recipient of 4 that assistance, the amount of grant to which that household 5 is entitled, except as otherwise provided in subsection (a), 6 shall be the product of (1) the maximum amount computed as 7 specified in subsection (b) of this Section and (2) the ratio 8 of the number of months in which household income did not 9 include such cash assistance over $55 to the number twelve. 10 If household income did not include such cash assistance over 11 $55 for any months during the year, the amount of the grant 12 to which the household is entitled shall be the maximum 13 amount computed as specified in subsection (b) of this 14 Section. For purposes of this paragraph (c), "cash 15 assistance" does not include any amount received under the 16 federal Supplemental Security Income (SSI) program. 17 (d) Joint ownership. If title to the residence is held 18 jointly by the claimant with a person who is not a member of 19 his household, the amount of property taxes accrued used in 20 computing the amount of grant to which he is entitled shall 21 be the same percentage of property taxes accrued as is the 22 percentage of ownership held by the claimant in the 23 residence. 24 (e) More than one residence. If a claimant has occupied 25 more than one residence in the taxable year, he may claim 26 only one residence for any part of a month. In the case of 27 property taxes accrued, he shall pro rate 1/12 of the total 28 property taxes accrued on his residence to each month that he 29 owned and occupied that residence; and, in the case of rent 30 constituting property taxes accrued, shall pro rate each 31 month's rent payments to the residence actually occupied 32 during that month. 33 (f) There is hereby established a program of 34 pharmaceutical assistance to the aged and disabled which HB2001 Engrossed -23- LRB9205393DJgcA 1 shall be administered by the Department in accordance with 2 this Act, to consist of payments to authorized pharmacies, on 3 behalf of beneficiaries of the program, for the reasonable 4 costs of covered prescription drugs. Each beneficiary who 5 pays $5 for an identification card shall pay no additional 6 prescription costs. Each beneficiary who pays $25 for an 7 identification card shall pay $3 per prescription. In 8 addition, after a beneficiary receives $2,000 in benefits 9 during a State fiscal year through December 31, 2001 and, on 10 and after January 1, 2002, after a beneficiary receives 11 $2,000 in benefits during a calendar year, that beneficiary 12 shall also be charged 20% of the cost of each prescription 13 for which payments are made by the program during the 14 remainder of the fiscal year through December 31, 2001 and, 15 on and after January 1, 2002, during the remainder of the 16 calendar year. To become a beneficiary under this program a 17 person must be: (1) (i) 65 years or older, or (ii) the 18 surviving spouse of such a claimant, who at the time of death 19 received or was entitled to receive benefits pursuant to this 20 subsection, which surviving spouse will become 65 years of 21 age within the 24 months immediately following the death of 22 such claimant and which surviving spouse but for his or her 23 age is otherwise qualified to receive benefits pursuant to 24 this subsection, or (iii) disabled, and (2) is domiciled in 25 this State at the time he files his or her claim, and (3) has 26 a maximum household income of less than $14,000 for grant 27 years before the 1998 grant year, less than $16,000 for the 28 1998 and 1999 grant years,andless than (i) $21,218 for a 29 household containing one person, (ii) $28,480 for a household 30 containing 2 persons, or (iii) $35,740 for a household 31 containing 3 more persons for the 2000 grant year, and less 32 than (i) $24,000 for a household containing one person, (ii) 33 $30,000 for a household containing 2 persons, or (iii) 34 $33,000 for a household containing 3 or more persons for the HB2001 Engrossed -24- LRB9205393DJgcA 1 2001 grant year and thereafter. In addition, each eligible 2 person must (1) obtain an identification card from the 3 Department, (2) at the time the card is obtained, sign a 4 statement assigning to the State of Illinois benefits which 5 may be otherwise claimed under any private insurance plans, 6 (3) present the identification card to the dispensing 7 pharmacist. 8 Whenever a generic equivalent for a covered prescription 9 drug is available, the Department shall reimburse only for 10 the reasonable costs of the generic equivalent, less the 11 co-pay established in this Section, unless (i) the covered 12 prescription drug contains one or more ingredients defined as 13 a narrow therapeutic index drug at 21 CFR 320.33, (ii) the 14 prescriber indicates on the face of the prescription "brand 15 medically necessary", and (iii) the prescriber specifies that 16 a substitution is not permitted. When issuing an oral 17 prescription for covered prescription medication described in 18 item (i) of this paragraph, the prescriber shall stipulate 19 "brand medically necessary" and that a substitution is not 20 permitted. If the covered prescription drug and its 21 authorizing prescription do not meet the criteria listed 22 above, the beneficiary may purchase the non-generic 23 equivalent of the covered prescription drug by paying the 24 difference between the generic cost and the non-generic cost 25 plus the beneficiary co-pay. 26 Any person otherwise eligible for pharmaceutical 27 assistance under this Act whose covered drugs are covered by 28 any public program for assistance in purchasing any covered 29 prescription drugs shall be ineligible for assistance under 30 this Act to the extent such costs are covered by such other 31 plan. 32 The fee to be charged by the Department for the 33 identification card shall be equal to $5 per coverage year 34 for persons below the official poverty line as defined by the HB2001 Engrossed -25- LRB9205393DJgcA 1 United States Department of Health and Human Services and $25 2 per coverage year for all other persons. On and before 3 December 31, 2001, coverage under this pharmaceutical 4 assistance program shall begin on the date of application 5 approval and be in effect for 12 months. On and after January 6 1, 2002, coverage under this pharmaceutical assistance 7 program shall be in effect on a calendar year basis. 8 In the event that 2 or more persons are eligible for any 9 benefit under this Act, and are members of the same 10 household, (1) each such person shall be entitled to 11 participate in the pharmaceutical assistance program, 12 provided that he or she meets all other requirements imposed 13 by this subsection and (2) each participating household 14 member contributes the fee required for that person by the 15 preceding paragraph for the purpose of obtaining an 16 identification card. 17 (Source: P.A. 90-650, eff. 7-27-98; 91-357, eff. 7-29-99; 18 91-699, eff. 1-1-01.) 19 Article 99. Effective Date 20 Section 99-99. Effective date. This Act takes effect upon 21 becoming law.