State of Illinois
90th General Assembly
Legislation

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90_HB3184

      320 ILCS 25/3.15          from Ch. 67 1/2, par. 403.15
      320 ILCS 25/4             from Ch. 67 1/2, par. 404
          Amends the Senior Citizens and Disabled Persons  Property
      Tax  Relief and Pharmaceutical Assistance Act.  Provides that
      beginning January 1, 1999, Parkinson's  disease,  Alzheimer's
      disease, and cancer medication will be covered under the Act.
      Increases  the  income  limitation,  beginning  with the 1998
      grant year,  from  $14,000  to  $25,000.  Provides  that  the
      maximum  grant  for  claimants  with  an  income of more than
      $14,000 but less than $25,000 is $70.
                                                     LRB9010611KDpk
                                               LRB9010611KDpk
 1        AN ACT to amend the Senior Citizens and Disabled  Persons
 2    Property  Tax  Relief  and  Pharmaceutical  Assistance Act by
 3    changing Sections 3.15 and 4.
 4        Be it enacted by the People of  the  State  of  Illinois,
 5    represented in the General Assembly:
 6        Section  5.   The  Senior  Citizens  and Disabled Persons
 7    Property Tax Relief  and  Pharmaceutical  Assistance  Act  is
 8    amended by changing Section 3.15 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    and (3) any  prescription  drug  used  in  the  treatment  of
15    arthritis;  (4)  beginning  January 1, 1999, any prescription
16    drug used  in  the  treatment  of  Parkinson's  disease;  (5)
17    beginning  January 1, 1999, any prescription drug used in the
18    treatment of Alzheimer's disease; and (6)  beginning  January
19    1,  1999,  any  prescription  drug  used  in the treatment of
20    cancer.  The specific agents or products to be included under
21    such categories shall be listed in a handbook to be  prepared
22    and  distributed  by  the  Department.   The general types of
23    covered prescription drugs shall be indicated by rule.
24    (Source: P.A. 85-1176.)
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
                            -2-                LRB9010611KDpk
 1    entitled to receive a grant pursuant to this  Section,  which
 2    surviving  spouse  will  become 65 years of age within the 24
 3    months immediately following the death of such  claimant  and
 4    which  surviving  spouse  but for his or her age is otherwise
 5    qualified to receive a grant pursuant to  this  Section,  and
 6    any  disabled  person  whose  annual household income is less
 7    than $14,000 for grant years before the 1998 grant  year  and
 8    $25,000  for  the  1998  grant  year and thereafter and whose
 9    household is liable for payment of property taxes accrued  or
10    has  paid  rent  constituting  property  taxes accrued and is
11    domiciled in this State at the time he  files  his  claim  is
12    entitled  to  claim  a  grant under this Act. With respect to
13    claims filed by individuals who  will  become  65  years  old
14    during  the  calendar  year  in  which  a claim is filed, the
15    amount of any grant to which that household is entitled shall
16    be an amount equal  to  1/12  of  the  amount  to  which  the
17    claimant  would  otherwise  be  entitled  as provided in this
18    Section, multiplied by the number  of  months  in  which  the
19    claimant  was  65  in the calendar year in which the claim is
20    filed.
21        (b)  Limitation.   Except  as   otherwise   provided   in
22    subsections  (a)  and (f) of this Section, the maximum amount
23    of grant which a claimant is entitled to claim is the  amount
24    by  which  the  property  taxes  accrued  which  were paid or
25    payable  during  the  last  preceding  tax   year   or   rent
26    constituting  property  taxes  accrued  upon  the  claimant's
27    residence  for the last preceding taxable year exceeds 3 1/2%
28    of the claimant's household income for that year  but  in  no
29    event  is the grant to exceed (i) $700 less 4.5% of household
30    income for that year if the household  income  is  less  than
31    $14,000  or (ii) $70 if the household income for that year is
32    $14,000 or more but less than $25,000.
33        (c)  Public aid recipients.  If household income  in  one
34    or  more  months  during  a  year includes cash assistance in
                            -3-                LRB9010611KDpk
 1    excess of $55 per month from the Department of Public Aid  or
 2    the  Department of Human Services (acting as successor to the
 3    Department of  Public  Aid  under  the  Department  of  Human
 4    Services Act)  which was determined under regulations of that
 5    Department  on  a  measure of need that included an allowance
 6    for actual rent or property taxes paid by  the  recipient  of
 7    that  assistance, the amount of grant to which that household
 8    is entitled, except as otherwise provided in subsection  (a),
 9    shall  be  the  product of (1) the maximum amount computed as
10    specified in subsection (b) of this Section and (2) the ratio
11    of the number of months in which  household  income  did  not
12    include  such  cash assistance over $55 to the number twelve.
13    If household income did not include such cash assistance over
14    $55 for any months during the year, the amount of  the  grant
15    to  which  the  household  is  entitled  shall be the maximum
16    amount computed  as  specified  in  subsection  (b)  of  this
17    Section.    For   purposes   of  this  paragraph  (c),  "cash
18    assistance" does not include any amount  received  under  the
19    federal Supplemental Security Income (SSI) program.
20        (d)  Joint  ownership.  If title to the residence is held
21    jointly by the claimant with a person who is not a member  of
22    his  household,  the amount of property taxes accrued used in
23    computing the amount of grant to which he is  entitled  shall
24    be  the  same  percentage of property taxes accrued as is the
25    percentage  of  ownership  held  by  the  claimant   in   the
26    residence.
27        (e)  More than one residence.  If a claimant has occupied
28    more  than  one  residence  in the taxable year, he may claim
29    only one residence for any part of a month.  In the  case  of
30    property  taxes  accrued, he shall pro rate 1/12 of the total
31    property taxes accrued on his residence to each month that he
32    owned and occupied that residence; and, in the case  of  rent
33    constituting  property  taxes  accrued,  shall  pro rate each
34    month's rent payments  to  the  residence  actually  occupied
                            -4-                LRB9010611KDpk
 1    during that month.
 2        (f)  There   is   hereby   established   a   program   of
 3    pharmaceutical  assistance  to  the  aged  and disabled which
 4    shall be administered by the Department  in  accordance  with
 5    this Act, to consist of payments to authorized pharmacies, on
 6    behalf  of  beneficiaries  of the program, for the reasonable
 7    costs of covered prescription drugs.   Each  beneficiary  who
 8    pays  $40  for an identification card shall pay the first $15
 9    of prescription costs each month.  Each beneficiary who  pays
10    $80  for  an  identification  card shall pay the first $25 of
11    prescription  costs  each  month.   In  addition,   after   a
12    beneficiary  receives  $800 in benefits during a State fiscal
13    year, that beneficiary shall also be charged 20% of the  cost
14    of  each  prescription  for  which  payments  are made by the
15    program during the remainder of the fiscal year.  To become a
16    beneficiary under this program a person must be: (1)  (i)  65
17    years  or  older,  or  (ii)  the  surviving  spouse of such a
18    claimant, who at the time of death received or  was  entitled
19    to  receive  benefits  pursuant  to  this  subsection,  which
20    surviving  spouse  will  become 65 years of age within the 24
21    months immediately following the death of such  claimant  and
22    which  surviving  spouse  but for his or her age is otherwise
23    qualified to receive benefits pursuant to this subsection, or
24    (iii) disabled, and (2) is domiciled in  this  State  at  the
25    time  he  files  his  or  her  claim,  and  (3) has a maximum
26    household income of less than $14,000 for grant years  before
27    the  1998  grant year and $25,000 for the 1998 grant year and
28    thereafter. In addition, each eligible person must (1) obtain
29    an identification card from the Department, (2) at  the  time
30    the card is obtained, sign a statement assigning to the State
31    of Illinois benefits which may be otherwise claimed under any
32    private  insurance plans, (3) present the identification card
33    to the dispensing pharmacist.
34        Any  person   otherwise   eligible   for   pharmaceutical
                            -5-                LRB9010611KDpk
 1    assistance  under this Act whose covered drugs are covered by
 2    any public program for assistance in purchasing  any  covered
 3    prescription  drugs  shall be ineligible for assistance under
 4    this Act to the extent such costs are covered by  such  other
 5    plan.
 6        The   fee  to  be  charged  by  the  Department  for  the
 7    identification card shall be equal to $40 for  persons  below
 8    the  official  poverty  line  as defined by the United States
 9    Department of Health and Human Services and $80 for all other
10    persons.
11        In the event that 2 or more persons are eligible for  any
12    benefit   under  this  Act,  and  are  members  of  the  same
13    household,  (1)  each  such  person  shall  be  entitled   to
14    participate   in   the   pharmaceutical  assistance  program,
15    provided that he or she meets all other requirements  imposed
16    by  this  subsection  and  (2)  each  participating household
17    member contributes the fee required for that  person  by  the
18    preceding   paragraph   for   the  purpose  of  obtaining  an
19    identification card. Persons eligible for any  benefit  under
20    this  Act  due  to  become  65  in  calendar year 1984 or any
21    subsequent calendar year  in  which  a  claim  is  filed  are
22    excluded  from  the benefit prescribed in this subsection (g)
23    for the calendar year in which they become 65.
24    (Source: P.A. 88-45; 89-507, eff. 7-1-97.)

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