96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0806


 
Introduced 2/6/2009, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		













320 ILCS 25/6
  from Ch. 67 1/2, par. 406








    Amends the Senior Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act.  Makes a technical change in a Section
concerning administration of the pharmaceutical assistance program.
















LRB096 06876 DRJ 16962 b

















 


 


A BILL FOR









 











SB0806

LRB096 06876 DRJ 16962 b






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    AN ACT concerning aging.

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

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



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    (320 ILCS 25/6)  (from Ch. 67 1/2, par. 406)



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    Sec. 6. Administration. 

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    (a) In general.  Upon receipt of a timely filed claim, the

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the Department
shall determine whether the claimant is a person 
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entitled to a grant under
this Act and the amount of grant to 
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which he is entitled under this Act.
The Department may require 
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the claimant to furnish reasonable proof of the
statements of 
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domicile, household income, rent paid, property taxes accrued

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and other matters on which entitlement is based, and may 
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withhold payment
of a grant until such additional proof is 
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furnished.
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    (b) Rental determination.  If the Department finds that the 
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gross rent
used in the computation by a claimant of rent 
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constituting property taxes
accrued exceeds the fair rental 
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value for the right to occupy that
residence, the Department 
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may determine the fair rental value for that
residence and 
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recompute rent constituting property taxes accrued 
 


 






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accordingly.

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    (c) Fraudulent claims.  The Department shall deny claims 
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which have been
fraudulently prepared or when it finds that the 
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claimant has acquired title
to his residence or has paid rent 
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for his residence primarily for the
purpose of receiving a 
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grant under this Act.

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    (d) Pharmaceutical Assistance.
The Department shall allow 
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all pharmacies licensed under the Pharmacy
Practice Act of 1987 
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to participate as authorized pharmacies unless they
have been 
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removed from that status for cause pursuant to the terms of 
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this
Section.   The Director of the Department may enter
into a 
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written contract with any State agency, instrumentality or 
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political
subdivision, or a fiscal intermediary for the purpose 
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of making payments to
authorized pharmacies for covered 
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prescription drugs and coordinating the
program of 
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pharmaceutical assistance established by this Act with other

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programs that provide payment for covered prescription drugs.  
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Such
agreement shall establish procedures for properly 
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contracting for pharmacy
services, validating reimbursement 
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claims, validating compliance of
dispensing pharmacists with 
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the contracts for participation required under
this Section, 
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validating the reasonable costs of covered prescription
drugs, 
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and otherwise providing for the effective administration of 
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this Act.

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    The Department shall promulgate rules and regulations to 
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implement and
administer the program of pharmaceutical 
 


 






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assistance required by this Act,
which shall include the 
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following:


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        (1) Execution of contracts with pharmacies to dispense 
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    covered
prescription drugs. Such contracts shall stipulate 
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    terms and conditions for
authorized pharmacies 
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    participation and the rights of the State to
terminate such 
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    participation for breach of such contract or for violation

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    of this Act or related rules and regulations of the 
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    Department;


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        (2) Establishment of maximum limits on the size of 
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    prescriptions,
new or refilled, which shall be in amounts 
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    sufficient for 34 days, except as
otherwise specified by 
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    rule for medical or utilization control reasons;


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        (3) Establishment of liens upon any and all causes of 
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    action which accrue
to
a beneficiary as a result of 
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    injuries for which covered prescription drugs are
directly 
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    or indirectly required and for which the Director made 
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    payment
or became liable for under this Act;


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        (4) Charge or collection of payments from third parties 
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    or private plans
of assistance, or from other programs of 
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    public assistance for any claim
that is properly chargeable 
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    under the assignment of benefits executed by
beneficiaries 
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    as a requirement of eligibility for the pharmaceutical

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    assistance identification card under this Act;
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        (4.5) Provision for automatic enrollment of 
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    beneficiaries into a Medicare Discount Card program 
 


 






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    authorized under the federal Medicare Modernization Act of 
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    2003 (P.L. 108-391) to coordinate coverage including 
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    Medicare Transitional Assistance;



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        (5) Inspection of appropriate records and audit of 
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    participating
authorized pharmacies to ensure contract 
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    compliance, and to determine any
fraudulent transactions 
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    or practices under this Act;


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        (6) Annual determination of the reasonable costs of 
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    covered prescription
drugs for which payments are made 
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    under this Act, as provided in Section 3.16;


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        (7) Payment to pharmacies under this Act in accordance 
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    with the State
Prompt Payment Act.

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    The Department shall annually report to the Governor and 
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the General
Assembly by March 1st of each year on the 
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administration of pharmaceutical
assistance under this Act.  By 
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the effective date of this Act the
Department shall determine 
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the reasonable costs of covered prescription
drugs in 
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accordance with Section 3.16 of this Act.

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(Source: P.A. 92-651, eff. 7-11-02; 93-841, eff. 7-30-04; 
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revised 1-22-08.)