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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
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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,
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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
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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
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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;
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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
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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
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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.
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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.)
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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
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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
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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
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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
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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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