State of Illinois
92nd General Assembly
Legislation

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92_HB5472

 
                                               LRB9214076SMtm

 1        AN ACT  in  relation  to  senior  citizens  and  disabled
 2    persons.

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

 5        Section 5.  The  Senior  Citizens  and  Disabled  Persons
 6    Property  Tax  Relief  and  Pharmaceutical  Assistance Act is
 7    amended by changing Section 6 as follows:

 8        (320 ILCS 25/6) (from Ch. 67 1/2, par. 406)
 9        Sec. 6.  Administration.
10        (a)  In general.  Upon receipt of a timely  filed  claim,
11    the  Department  shall  determine  whether  the claimant is a
12    person entitled to a grant under this Act and the  amount  of
13    grant  to which he is entitled under this Act. The Department
14    may require the claimant to furnish reasonable proof  of  the
15    statements of domicile, household income, rent paid, property
16    taxes  accrued  and  other  matters  on  which entitlement is
17    based, and  may  withhold  payment  of  a  grant  until  such
18    additional proof is furnished.
19        (b)  Rental  determination.  If the Department finds that
20    the gross rent used in the computation by a claimant of  rent
21    constituting  property  taxes accrued exceeds the fair rental
22    value for the right to occupy that residence, the  Department
23    may  determine  the  fair rental value for that residence and
24    recompute   rent   constituting   property   taxes    accrued
25    accordingly.
26        (c)  Fraudulent claims.  The Department shall deny claims
27    which  have  been fraudulently prepared or when it finds that
28    the claimant has acquired title to his residence or has  paid
29    rent for his residence primarily for the purpose of receiving
30    a grant under this Act.
31        (d)  Pharmaceutical  Assistance.    The  Department shall
 
                            -2-                LRB9214076SMtm
 1    allow all pharmacies licensed under the Pharmacy Practice Act
 2    of 1987 to participate as authorized pharmacies  unless  they
 3    have  been removed from that status for cause pursuant to the
 4    terms of this Section.   The Director of the  Department  may
 5    enter   into  a  written  contract  with  any  State  agency,
 6    instrumentality  or  political  subdivision,  or   a   fiscal
 7    intermediary for the purpose of making payments to authorized
 8    pharmacies  for  covered  prescription drugs and coordinating
 9    the program of pharmaceutical assistance established by  this
10    Act  with  other  programs  that  provide payment for covered
11    prescription   drugs.    Such   agreement   shall   establish
12    procedures for properly contracting  for  pharmacy  services,
13    validating  reimbursement  claims,  validating  compliance of
14    dispensing pharmacists with the contracts  for  participation
15    required  under this Section, validating the reasonable costs
16    of covered prescription drugs, and  otherwise  providing  for
17    the effective administration of this Act.
18        The  Department shall promulgate rules and regulations to
19    implement  and  administer  the  program  of   pharmaceutical
20    assistance  required  by  this  Act,  which shall include the
21    following:
22             (1)  Execution  of  contracts  with  pharmacies   to
23        dispense covered prescription drugs. Such contracts shall
24        stipulate  terms and conditions for authorized pharmacies
25        participation and the rights of the  State  to  terminate
26        such  participation  for  breach  of such contract or for
27        violation of this Act or related rules and regulations of
28        the Department;
29             (2)  Establishment of maximum limits on the size  of
30        prescriptions, new or refilled, which shall be in amounts
31        sufficient  for 34 days, except as otherwise specified by
32        rule for medical or utilization control reasons;
33             (3)  Establishment of liens upon any and all  causes
34        of  action  which  accrue to a beneficiary as a result of
 
                            -3-                LRB9214076SMtm
 1        injuries  for  which  covered  prescription   drugs   are
 2        directly   or  indirectly  required  and  for  which  the
 3        Director made payment or became  liable  for  under  this
 4        Act;
 5             (4)  Charge  or  collection  of  payments from third
 6        parties or private plans of  assistance,  or  from  other
 7        programs  of  public  assistance  for  any  claim that is
 8        properly chargeable  under  the  assignment  of  benefits
 9        executed by beneficiaries as a requirement of eligibility
10        for  the  pharmaceutical  assistance  identification card
11        under this Act;
12             (5)  Inspection of appropriate records and audit  of
13        participating  authorized  pharmacies  to ensure contract
14        compliance, and to determine any fraudulent  transactions
15        or practices under this Act;
16             (6)  Annual determination of the reasonable costs of
17        covered  prescription  drugs  for which payments are made
18        under this Act, as provided in Section 3.16;
19             (7)  Payment  to  pharmacies  under  this   Act   in
20        accordance with the State Prompt Payment Act.
21        The  Department shall annually report to the Governor and
22    the General Assembly  by  March  1st  of  each  year  on  the
23    administration  of  pharmaceutical assistance under this Act.
24    By the effective  date  of  this  Act  the  Department  shall
25    determine  the reasonable costs of covered prescription drugs
26    in accordance with Section 3.16 of this Act.
27    (Source: P.A. 91-357, eff. 7-29-99; revised 12-07-01.)

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