Bill Text: IL HB0366 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. In connection with the pharmaceutical assistance program under the Act, provides that to become a beneficiary under the program, a person must have a maximum household income equal to or less than 239% of the Federal Poverty Level (instead of less than specified amounts or equal to or less than 200% of the Federal Poverty Level). Provides for 4 (instead of 5) Eligibility Groups (eliminates current Eligibility Group 3). For persons in the Eligibility Group consisting of persons who have a diagnosis of HIV or AIDS, provides for an alternative co-payment according to whether or not a drug is covered by the Medicare Part D Prescription Drug Plan in which the beneficiary is enrolled (in addition to whether or not the drug is included in the formulary of the Illinois AIDS Drug Assistance Program operated by the Illinois Department of Public Health). Makes changes in the definitions of "covered prescription drug" for each Eligibility Group. Makes other changes. Effective immediately.

Sponsorship: Moderate Partisan Bill (Democrat 10-3)

Status: (Passed) 2009-11-03 - Public Act . . . . . . . . . 96-0804 [HB0366 Detail]

Download: Illinois-2009-HB0366-Enrolled.html

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AN ACT concerning aging.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mobile Home Local Services Tax Act is
amended by changing Section 7 as follows:
(35 ILCS 515/7) (from Ch. 120, par. 1207)
Sec. 7. The local services tax for owners of mobile homes
who (a) are actually residing in such mobile homes, (b) hold
title to such mobile home as provided in the "Illinois Vehicle
Code", approved September 29, 1969, as amended, and (c) are 65
years of age or older or are disabled persons within the
meaning of Section 3.14 of the "Senior Citizens and Disabled
Persons Property Tax Relief and Pharmaceutical Assistance Act"
on the annual billing date shall be reduced to 80 percent of
the tax provided for in Section 3 of this Act. Proof that a
claimant has been issued an Illinois Disabled Person
Identification Card stating that the claimant is under a Class
2 disability, as provided in Section 4A of the The Illinois
Identification Card Act, shall constitute proof that the person
thereon named is a disabled person within the meaning of this
Act. An application for reduction of the tax shall be filed
with the county clerk by the individuals who are entitled to
the reduction. If the application is filed after May 1, the

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reduction in tax shall begin with the next annual bill.
Application for the reduction in tax shall be done by
submitting proof that the applicant has been issued an Illinois
Disabled Person Identification Card designating the
applicant's disability as a Class 2 disability, or by affidavit
in substantially the following form:
APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
I hereby make application for a reduction to 80% of the
total tax imposed under "An Act to provide for a local services
tax on mobile homes".
(1) Senior Citizens
(a) I actually reside in the mobile home ....
(b) I hold title to the mobile home as provided in the
Illinois Vehicle Code ....
(c) I reached the age of 65 on or before either January 1
(or July 1) of the year in which this statement is filed. My
date of birth is: ...
(2) Disabled Persons
(a) I actually reside in the mobile home...
(b) I hold title to the mobile home as provided in the
Illinois Vehicle Code ....
(c) I was totally disabled on ... and have remained
disabled until the date of this application. My Social
Security, Veterans, Railroad or Civil Service Total Disability
Claim Number is ... The undersigned declares under the penalty
of perjury that the above statements are true and correct.

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Dated (insert date).
...........................
Signature of owner
...........................
(Address)
...........................
(City) (State) (Zip)
Approved by:
.............................
(Assessor)
This application shall be accompanied by a copy of the
applicant's most recent application filed with the Illinois
Department on Aging of Revenue under the "Senior Citizens and
Disabled Persons Property Tax Relief and Pharmaceutical
Assistance Act," approved July 17, 1972, as amended.
(Source: P.A. 91-357, eff. 7-29-99.)
Section 10. The Citizens Utility Board Act is amended by
changing Section 9 as follows:
(220 ILCS 10/9) (from Ch. 111 2/3, par. 909)
Sec. 9. Mailing procedure.
(1) As used in this Section:
(a) "Enclosure" means a card, leaflet, envelope or
combination thereof furnished by the corporation under

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this Section.
(b) "Mailing" means any communication by a State
agency, other than a mailing made by the Department of
Revenue under the Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act,
that is sent through the United States Postal Service to
more than 50,000 persons within a 12-month period.
(c) "State agency" means any officer, department,
board, commission, institution or entity of the executive
or legislative branches of State government.
(2) To accomplish its powers and duties under Section 5
this Act, the corporation, subject to the following
limitations, may prepare and furnish to any State agency an
enclosure to be included with a mailing by that agency.
(a) A State agency furnished with an enclosure shall
include the enclosure within the mailing designated by the
corporation.
(b) An enclosure furnished by the corporation under
this Section shall be provided to the State agency a
reasonable period of time in advance of the mailing.
(c) An enclosure furnished by the corporation under
this Section shall be limited to informing the reader of
the purpose, nature and activities of the corporation as
set forth in this Act and informing the reader that it may
become a member in the corporation, maintain membership in
the corporation and contribute money to the corporation

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directly.
(d) Prior to furnishing an enclosure to the State
agency, the corporation shall seek and obtain approval of
the content of the enclosure from the Illinois Commerce
Commission. The Commission shall approve the enclosure if
it determines that the enclosure (i) is not false or
misleading and (ii) satisfies the requirements of this Act.
The Commission shall be deemed to have approved the
enclosure unless it disapproves the enclosure within 14
days from the date of receipt.
(3) The corporation shall reimburse each State agency for
all reasonable incremental costs incurred by the State agency
in complying with this Section above the agency's normal
mailing and handling costs, provided that:
(a) The State agency shall first furnish the
corporation with an itemized accounting of such additional
cost; and
(b) The corporation shall not be required to reimburse
the State agency for postage costs if the weight of the
corporation's enclosure does not exceed .35 ounce
avoirdupois. If the corporation's enclosure exceeds that
weight, then it shall only be required to reimburse the
State agency for postage cost over and above what the
agency's postage cost would have been had the enclosure
weighed only .35 ounce avoirdupois.
(Source: P.A. 87-205.)

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Section 15. The Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act is
amended by changing Sections 1, 2, 3.01, 3.04, 3.05, 3.06,
3.07, 3.08, 3.09, 3.10, 3.12, 4, 5, 7, 8, 8a, 9, 12, and 13 and
by adding Sections 1.5, 3.01a, 3.03a, 3.05a, and 4.05 as
follows:
(320 ILCS 25/1) (from Ch. 67 1/2, par. 401)
Sec. 1. Short title; common name. This Article shall be
known and may be cited as the "Senior Citizens and Disabled
Persons Property Tax Relief and Pharmaceutical Assistance
Act". Common references to the "Circuit Breaker Act" mean this
Article. As used in this Article, "this Act" means this
Article.
(Source: P.A. 83-1531.)
(320 ILCS 25/1.5 new)
Sec. 1.5. Implementation of Executive Order No. 3 of 2004.
Executive Order No. 3 of 2004, in part, provided for the
transfer of the programs under this Act from the Department of
Revenue to the Department on Aging and the Department of
Healthcare and Family Services. It is the purpose of this
amendatory Act of the 96th General Assembly to conform this Act
and certain related provisions of other statutes to that
Executive Order. This amendatory Act of the 96th General

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Assembly also makes other substantive changes to this Act.
(320 ILCS 25/2) (from Ch. 67 1/2, par. 402)
Sec. 2. Purpose. The purpose of this Act is to provide
incentives to the senior citizens and disabled persons of this
State to acquire and retain private housing of their choice and
at the same time to relieve those citizens from the burdens of
extraordinary property taxes and rising drug costs against
their increasingly restricted earning power, and thereby to
reduce the requirements for public housing in this State.
(Source: P.A. 77-2059.)
(320 ILCS 25/3.01) (from Ch. 67 1/2, par. 403.01)
Sec. 3.01. Claimant. "Claimant" means an individual who has
filed a claim for a property tax relief grant under this Act.
In appropriate contexts, "claimant" may also include a person
who has applied for pharmaceutical assistance under this Act or
for other benefits that are based on eligibility for benefits
under this Act.
(Source: P.A. 77-2059.)
(320 ILCS 25/3.01a new)
Sec. 3.01a. Claim year. "Claim year" means the calendar
year prior to the period of time during which a claimant may
file an application for benefits under this Act.

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(320 ILCS 25/3.03a new)
Sec. 3.03a. Federal Poverty Level. "Federal Poverty Level"
means the federal poverty income guidelines as determined
annually by the United States Department of Health and Human
Services and updated periodically in the Federal Register by
that Department under the authority of 42 U.S.C. 9902(2).
(320 ILCS 25/3.04) (from Ch. 67 1/2, par. 403.04)
Sec. 3.04. Gross rent. "Gross rent Rent" means the total
amount paid solely for the right to occupy a residence.
If the residence is a nursing or sheltered care home,
"gross rent" means the amount paid in a taxable year that is
attributable to the cost of housing, but not of meals or care,
for the claimant in that home, determined in accordance with
regulations of the Department on Aging.
(Source: P.A. 78-1249; 78-1297.)
(320 ILCS 25/3.05) (from Ch. 67 1/2, par. 403.05)
Sec. 3.05. Household. "Household" means a claimant or a
claimant and his or her spouse, if any, living together in the
same residence. An additional resident may be counted in
determining household size.
(Source: P.A. 77-2059.)
(320 ILCS 25/3.05a new)
Sec. 3.05a. Additional resident. "Additional resident"

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means a person who (i) is living in the same residence with a
claimant for the claim year and at the time of filing the
claim, (ii) is not the spouse of the claimant, (iii) does not
file a separate claim under this Act for the same period, and
(iv) receives more than half of his or her total financial
support for that claim year from the household. An additional
resident who meets qualifications may receive pharmaceutical
assistance based on a claimant's application.
(320 ILCS 25/3.06) (from Ch. 67 1/2, par. 403.06)
Sec. 3.06. Household income. "Household income" means the
combined income of the members of a household. The term does
not include the income of any qualified additional resident who
lives with the claimant.
(Source: P.A. 77-2059.)
(320 ILCS 25/3.07) (from Ch. 67 1/2, par. 403.07)
Sec. 3.07. Income. "Income" means adjusted gross income,
properly reportable for federal income tax purposes under the
provisions of the Internal Revenue Code, modified by adding
thereto the sum of the following amounts to the extent deducted
or excluded from gross income in the computation of adjusted
gross income:
(A) An amount equal to all amounts paid or accrued as
interest or dividends during the taxable year;
(B) An amount equal to the amount of tax imposed by the

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Illinois Income Tax Act paid for the taxable year;
(C) An amount equal to all amounts received during the
taxable year as an annuity under an annuity, endowment or
life insurance contract or under any other contract or
agreement;
(D) An amount equal to the amount of benefits paid
under the Federal Social Security Act during the taxable
year;
(E) An amount equal to the amount of benefits paid
under the Railroad Retirement Act during the taxable year;
(F) An amount equal to the total amount of cash public
assistance payments received from any governmental agency
during the taxable year other than benefits received
pursuant to this Act;
(G) An amount equal to any net operating loss carryover
deduction or capital loss carryover deduction during the
taxable year; and
(H) An For claim years beginning on or after January 1,
2002, an amount equal to any benefits received under the
Workers' Compensation Act or the Workers' Occupational
Diseases Act during the taxable year.
"Income" does not include any grant assistance received
under the Nursing Home Grant Assistance Act or any
distributions or items of income described under subparagraph
(X) of paragraph (2) of subsection (a) of Section 203 of the
Illinois Income Tax Act or any payments under Section 2201 or

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Section 2202 of the American Recovery and Reinvestment Act of
2009.
This amendatory Act of 1987 shall be effective for purposes
of this Section for tax years ending on or after December 31,
1987.
(Source: P.A. 91-676, eff. 12-23-99; 92-131, eff. 7-23-01;
92-519, eff. 1-1-02.)
(320 ILCS 25/3.08) (from Ch. 67 1/2, par. 403.08)
Sec. 3.08. Internal Revenue Code. "Internal Revenue Code"
means the United States Internal Revenue Code of 1986 1954 or
any successor law or laws relating to federal income taxes in
effect for the year.
(Source: P.A. 77-2059.)
(320 ILCS 25/3.09) (from Ch. 67 1/2, par. 403.09)
Sec. 3.09. Property taxes accrued. "Property taxes
accrued" means the ad valorem property taxes extended against a
residence, but does not include special assessments, interest
or charges for service. In the case of real estate improved
with a multidwelling or multipurpose building, "property taxes
accrued" extended against a residence within such a building is
an amount equal to the same percentage of the total property
taxes extended against that real estate as improved as the
value of the residence is to the total value of the building.
If the multidwelling building is owned and operated as a

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cooperative, the value of an individual residence is the value
of the interest in the cooperative held by the owner of record
of the legal or equitable interest, other than a leasehold
interest, in the cooperative which confers the right to occupy
that residence. In determining the amount of grant under
Section 4 for 1976 and thereafter, the applicable "property
taxes accrued", as determined under this Section, are those
payable or paid in the last preceding taxable year.
In addition, if the residence is a mobile home as defined
in and subject to the tax imposed by the Mobile Home Local
Services Tax Act, "property taxes accrued" includes the amount
of privilege tax paid during the calendar year for which
benefits are claimed under that Act on that mobile home. If
Beginning in taxable year 1999, if (i) the residence is a
mobile home, (ii) the resident is the record owner of the
property upon which the mobile home is located, and (iii) the
resident is liable for the taxes imposed under the Property Tax
Code for both the mobile home and the property, then "property
taxes accrued" includes the amount of property taxes paid on
both the mobile home and the property upon which the mobile
home is located.
(Source: P.A. 91-357, eff. 7-29-99; 91-391, eff. 7-30-99.)
(320 ILCS 25/3.10) (from Ch. 67 1/2, par. 403.10)
Sec. 3.10. Regulations. "Regulations" includes both rules
promulgated and forms prescribed by the applicable Department.

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In this Act, references to the rules of the Department on Aging
or the Department of Healthcare and Family Services shall be
deemed to include, in appropriate cases, the corresponding
rules adopted by the Department of Revenue, to the extent that
those rules continue in force under Executive Order No. 3 of
2004.
(Source: P.A. 77-2059.)
(320 ILCS 25/3.12) (from Ch. 67 1/2, par. 403.12)
Sec. 3.12. Residence. "Residence" means the principal
dwelling place occupied in this State by a household and so
much of the surrounding land as is reasonably necessary for use
of the dwelling as a home, and includes rental property, mobile
homes, single family dwellings, and units in multifamily,
multidwelling or multipurpose buildings. If the assessor has
established a specific legal description for a portion of
property constituting the residence, then that portion of
property shall be deemed "residence" for the purposes of this
Act. "Residence" also includes that portion of a nursing or
sheltered care home occupied as a dwelling by a claimant,
determined as prescribed in regulations of the Department on
Aging.
(Source: P.A. 78-1249.)
(320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
Sec. 4. Amount of Grant.

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(a) In general. Any individual 65 years or older or any
individual who will become 65 years old during the calendar
year in which a claim is filed, and any surviving spouse of
such a claimant, who at the time of death received or was
entitled to receive a grant pursuant to this Section, which
surviving spouse will become 65 years of age within the 24
months immediately following the death of such claimant and
which surviving spouse but for his or her age is otherwise
qualified to receive a grant pursuant to this Section, and any
disabled person whose annual household income is less than the
income eligibility limitation, as defined in subsection (a-5)
and whose household is liable for payment of property taxes
accrued or has paid rent constituting property taxes accrued
and is domiciled in this State at the time he or she files his
or her claim is entitled to claim a grant under this Act. With
respect to claims filed by individuals who will become 65 years
old during the calendar year in which a claim is filed, the
amount of any grant to which that household is entitled shall
be an amount equal to 1/12 of the amount to which the claimant
would otherwise be entitled as provided in this Section,
multiplied by the number of months in which the claimant was 65
in the calendar year in which the claim is filed.
(a-5) Income eligibility limitation. For purposes of this
Section, "income eligibility limitation" means an amount for
grant years 2008 and thereafter:
(i) for grant years before the 1998 grant year, less

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than $14,000;
(ii) for the 1998 and 1999 grant year, less than
$16,000;
(iii) for grant years 2000 through 2007:
(A) less than $21,218 for a household containing
one person;
(B) less than $28,480 for a household containing 2
persons; or
(C) less than $35,740 for a household containing 3
or more persons; or
(iv) for grant years 2008 and thereafter:
(1) (A) less than $22,218 for a household containing
one person;
(2) (B) less than $29,480 for a household containing 2
persons; or
(3) (C) less than $36,740 for a household containing 3
or more persons.
For 2009 claim year applications submitted during calendar
year 2010, a household must have annual household income of
less than $27,610 for a household containing one person; less
than $36,635 for a household containing 2 persons; or less than
$45,657 for a household containing 3 or more persons.
The Department on Aging may adopt rules such that on
January 1, 2011, and thereafter, the foregoing household income
eligibility limits may be changed to reflect the annual cost of
living adjustment in Social Security and Supplemental Security

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Income benefits that are applicable to the year for which those
benefits are being reported as income on an application.
If a person files as a surviving spouse, then only his or
her income shall be counted in determining his or her household
income.
(b) Limitation. Except as otherwise provided in
subsections (a) and (f) of this Section, the maximum amount of
grant which a claimant is entitled to claim is the amount by
which the property taxes accrued which were paid or payable
during the last preceding tax year or rent constituting
property taxes accrued upon the claimant's residence for the
last preceding taxable year exceeds 3 1/2% of the claimant's
household income for that year but in no event is the grant to
exceed (i) $700 less 4.5% of household income for that year for
those with a household income of $14,000 or less or (ii) $70 if
household income for that year is more than $14,000.
(c) Public aid recipients. If household income in one or
more months during a year includes cash assistance in excess of
$55 per month from the Department of Healthcare and Family
Services or the Department of Human Services (acting as
successor to the Department of Public Aid under the Department
of Human Services Act) which was determined under regulations
of that Department on a measure of need that included an
allowance for actual rent or property taxes paid by the
recipient of that assistance, the amount of grant to which that
household is entitled, except as otherwise provided in

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subsection (a), shall be the product of (1) the maximum amount
computed as specified in subsection (b) of this Section and (2)
the ratio of the number of months in which household income did
not include such cash assistance over $55 to the number twelve.
If household income did not include such cash assistance over
$55 for any months during the year, the amount of the grant to
which the household is entitled shall be the maximum amount
computed as specified in subsection (b) of this Section. For
purposes of this paragraph (c), "cash assistance" does not
include any amount received under the federal Supplemental
Security Income (SSI) program.
(d) Joint ownership. If title to the residence is held
jointly by the claimant with a person who is not a member of
his or her household, the amount of property taxes accrued used
in computing the amount of grant to which he or she is entitled
shall be the same percentage of property taxes accrued as is
the percentage of ownership held by the claimant in the
residence.
(e) More than one residence. If a claimant has occupied
more than one residence in the taxable year, he or she may
claim only one residence for any part of a month. In the case
of property taxes accrued, he or she shall prorate 1/12 of the
total property taxes accrued on his or her residence to each
month that he or she owned and occupied that residence; and, in
the case of rent constituting property taxes accrued, shall
prorate each month's rent payments to the residence actually

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occupied during that month.
(f) (Blank). There is hereby established a program of
pharmaceutical assistance to the aged and disabled which shall
be administered by the Department in accordance with this Act,
to consist of payments to authorized pharmacies, on behalf of
beneficiaries of the program, for the reasonable costs of
covered prescription drugs. Each beneficiary who pays $5 for an
identification card shall pay no additional prescription
costs. Each beneficiary who pays $25 for an identification card
shall pay $3 per prescription. In addition, after a beneficiary
receives $2,000 in benefits during a State fiscal year, that
beneficiary shall also be charged 20% of the cost of each
prescription for which payments are made by the program during
the remainder of the fiscal year. To become a beneficiary under
this program a person must: (1) be (i) 65 years of age or
older, or (ii) the surviving spouse of such a claimant, who at
the time of death received or was entitled to receive benefits
pursuant to this subsection, which surviving spouse will become
65 years of age within the 24 months immediately following the
death of such claimant and which surviving spouse but for his
or her age is otherwise qualified to receive benefits pursuant
to this subsection, or (iii) disabled, and (2) be domiciled in
this State at the time he or she files his or her claim, and (3)
have a maximum household income of less than the income
eligibility limitation, as defined in subsection (a-5). In
addition, each eligible person must (1) obtain an

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identification card from the Department, (2) at the time the
card is obtained, sign a statement assigning to the State of
Illinois benefits which may be otherwise claimed under any
private insurance plans, and (3) present the identification
card to the dispensing pharmacist.
The Department may adopt rules specifying participation
requirements for the pharmaceutical assistance program,
including copayment amounts, identification card fees,
expenditure limits, and the benefit threshold after which a 20%
charge is imposed on the cost of each prescription, to be in
effect on and after July 1, 2004. Notwithstanding any other
provision of this paragraph, however, the Department may not
increase the identification card fee above the amount in effect
on May 1, 2003 without the express consent of the General
Assembly. To the extent practicable, those requirements shall
be commensurate with the requirements provided in rules adopted
by the Department of Healthcare and Family Services to
implement the pharmacy assistance program under Section
5-5.12a of the Illinois Public Aid Code.
Whenever a generic equivalent for a covered prescription
drug is available, the Department shall reimburse only for the
reasonable costs of the generic equivalent, less the co-pay
established in this Section, unless (i) the covered
prescription drug contains one or more ingredients defined as a
narrow therapeutic index drug at 21 CFR 320.33, (ii) the
prescriber indicates on the face of the prescription "brand

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medically necessary", and (iii) the prescriber specifies that a
substitution is not permitted. When issuing an oral
prescription for covered prescription medication described in
item (i) of this paragraph, the prescriber shall stipulate
"brand medically necessary" and that a substitution is not
permitted. If the covered prescription drug and its authorizing
prescription do not meet the criteria listed above, the
beneficiary may purchase the non-generic equivalent of the
covered prescription drug by paying the difference between the
generic cost and the non-generic cost plus the beneficiary
co-pay.
Any person otherwise eligible for pharmaceutical
assistance under this Act whose covered drugs are covered by
any public program for assistance in purchasing any covered
prescription drugs shall be ineligible for assistance under
this Act to the extent such costs are covered by such other
plan.
The fee to be charged by the Department for the
identification card shall be equal to $5 per coverage year for
persons below the official poverty line as defined by the
United States Department of Health and Human Services and $25
per coverage year for all other persons.
In the event that 2 or more persons are eligible for any
benefit under this Act, and are members of the same household,
(1) each such person shall be entitled to participate in the
pharmaceutical assistance program, provided that he or she

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meets all other requirements imposed by this subsection and (2)
each participating household member contributes the fee
required for that person by the preceding paragraph for the
purpose of obtaining an identification card.
The provisions of this subsection (f), other than this
paragraph, are inoperative after December 31, 2005.
Beneficiaries who received benefits under the program
established by this subsection (f) are not entitled, at the
termination of the program, to any refund of the identification
card fee paid under this subsection.
(g) Effective January 1, 2006, there is hereby established
a program of pharmaceutical assistance to the aged and
disabled, entitled the Illinois Seniors and Disabled Drug
Coverage Program, which shall be administered by the Department
of Healthcare and Family Services and the Department on Aging
in accordance with this subsection, to consist of coverage of
specified prescription drugs on behalf of beneficiaries of the
program as set forth in this subsection. The program under this
subsection replaces and supersedes the program established
under subsection (f), which shall end at midnight on December
31, 2005.
To become a beneficiary under the program established under
this subsection, a person must:
(1) be (i) 65 years of age or older or (ii) disabled;
and
(2) be domiciled in this State; and

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(3) enroll with a qualified Medicare Part D
Prescription Drug Plan if eligible and apply for all
available subsidies under Medicare Part D; and
(4) for the 2006 and 2007 claim years, have a maximum
household income of (i) less than $21,218 for a household
containing one person, (ii) less than $28,480 for a
household containing 2 persons, or (iii) less than $35,740
for a household containing 3 or more persons; and . If any
income eligibility limit set forth in items (i) through
(iii) is less than 200% of the Federal Poverty Level for
any year, the income eligibility limit for that year for
households of that size shall be income equal to or less
than 200% of the Federal Poverty Level.
(5) for the 2008 claim year, have a maximum household
income of (i) less than $22,218 for a household containing
one person, (ii) $29,480 for a household containing 2
persons, or (iii) $36,740 for a household containing 3 or
more persons; and
(6) for 2009 claim year applications submitted during
calendar year 2010, have annual household income of less
than (i) $27,610 for a household containing one person;
(ii) less than $36,635 for a household containing 2
persons; or (iii) less than $45,657 for a household
containing 3 or more persons.
The Department of Healthcare and Family Services may adopt
rules such that on January 1, 2011, and thereafter, the

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foregoing household income eligibility limits may be changed to
reflect the annual cost of living adjustment in Social Security
and Supplemental Security Income benefits that are applicable
to the year for which those benefits are being reported as
income on an application.
All individuals enrolled as of December 31, 2005, in the
pharmaceutical assistance program operated pursuant to
subsection (f) of this Section and all individuals enrolled as
of December 31, 2005, in the SeniorCare Medicaid waiver program
operated pursuant to Section 5-5.12a of the Illinois Public Aid
Code shall be automatically enrolled in the program established
by this subsection for the first year of operation without the
need for further application, except that they must apply for
Medicare Part D and the Low Income Subsidy under Medicare Part
D. A person enrolled in the pharmaceutical assistance program
operated pursuant to subsection (f) of this Section as of
December 31, 2005, shall not lose eligibility in future years
due only to the fact that they have not reached the age of 65.
To the extent permitted by federal law, the Department may
act as an authorized representative of a beneficiary in order
to enroll the beneficiary in a Medicare Part D Prescription
Drug Plan if the beneficiary has failed to choose a plan and,
where possible, to enroll beneficiaries in the low-income
subsidy program under Medicare Part D or assist them in
enrolling in that program.
Beneficiaries under the program established under this

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subsection shall be divided into the following 4 5 eligibility
groups:
(A) Eligibility Group 1 shall consist of beneficiaries
who are not eligible for Medicare Part D coverage and who
are:
(i) disabled and under age 65; or
(ii) age 65 or older, with incomes over 200% of the
Federal Poverty Level; or
(iii) age 65 or older, with incomes at or below
200% of the Federal Poverty Level and not eligible for
federally funded means-tested benefits due to
immigration status.
(B) Eligibility Group 2 shall consist of beneficiaries
otherwise described in Eligibility Group 1 but who are
eligible for Medicare Part D coverage.
(C) Eligibility Group 3 shall consist of beneficiaries
age 65 or older, with incomes at or below 200% of the
Federal Poverty Level, who are not barred from receiving
federally funded means-tested benefits due to immigration
status and are not eligible for Medicare Part D coverage.
(D) Eligibility Group 4 shall consist of beneficiaries
age 65 or older, with incomes at or below 200% of the
Federal Poverty Level, who are not barred from receiving
federally funded means-tested benefits due to immigration
status and are not eligible for Medicare Part D coverage.
If the State applies and receives federal approval for

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a waiver under Title XIX of the Social Security Act,
persons in Eligibility Group 3 4 shall continue to receive
benefits through the approved waiver, and Eligibility
Group 3 4 may be expanded to include disabled persons under
age 65 with incomes under 200% of the Federal Poverty Level
who are not eligible for Medicare and who are not barred
from receiving federally funded means-tested benefits due
to immigration status.
(D) (E) On and after January 1, 2007, Eligibility Group
4 5 shall consist of beneficiaries who are otherwise
described in Eligibility Group 2 Groups 2 and 3 who have a
diagnosis of HIV or AIDS.
The program established under this subsection shall cover
the cost of covered prescription drugs in excess of the
beneficiary cost-sharing amounts set forth in this paragraph
that are not covered by Medicare. In 2006, beneficiaries shall
pay a co-payment of $2 for each prescription of a generic drug
and $5 for each prescription of a brand-name drug. In future
years, beneficiaries shall pay co-payments equal to the
co-payments required under Medicare Part D for "other
low-income subsidy eligible individuals" pursuant to 42 CFR
423.782(b). For individuals in Eligibility Groups 1, 2, and 3,
and 4, once the program established under this subsection and
Medicare combined have paid $1,750 in a year for covered
prescription drugs, the beneficiary shall pay 20% of the cost
of each prescription in addition to the co-payments set forth

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in this paragraph. For individuals in Eligibility Group 4 5,
once the program established under this subsection and Medicare
combined have paid $1,750 in a year for covered prescription
drugs, the beneficiary shall pay 20% of the cost of each
prescription in addition to the co-payments set forth in this
paragraph unless the drug is included in the formulary of the
Illinois AIDS Drug Assistance Program operated by the Illinois
Department of Public Health and covered by the Medicare Part D
Prescription Drug Plan in which the beneficiary is enrolled. If
the drug is included in the formulary of the Illinois AIDS Drug
Assistance Program and covered by the Medicare Part D
Prescription Drug Plan in which the beneficiary is enrolled,
individuals in Eligibility Group 4 5 shall continue to pay the
co-payments set forth in this paragraph after the program
established under this subsection and Medicare combined have
paid $1,750 in a year for covered prescription drugs.
For beneficiaries eligible for Medicare Part D coverage,
the program established under this subsection shall pay 100% of
the premiums charged by a qualified Medicare Part D
Prescription Drug Plan for Medicare Part D basic prescription
drug coverage, not including any late enrollment penalties.
Qualified Medicare Part D Prescription Drug Plans may be
limited by the Department of Healthcare and Family Services to
those plans that sign a coordination agreement with the
Department.
Notwithstanding Section 3.15, for purposes of the program

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established under this subsection, the term "covered
prescription drug" has the following meanings:
For Eligibility Group 1, "covered prescription drug"
means: (1) any cardiovascular agent or drug; (2) any
insulin or other prescription drug used in the treatment of
diabetes, including syringe and needles used to administer
the insulin; (3) any prescription drug used in the
treatment of arthritis; (4) any prescription drug used in
the treatment of cancer; (5) any prescription drug used in
the treatment of Alzheimer's disease; (6) any prescription
drug used in the treatment of Parkinson's disease; (7) any
prescription drug used in the treatment of glaucoma; (8)
any prescription drug used in the treatment of lung disease
and smoking-related illnesses; (9) any prescription drug
used in the treatment of osteoporosis; and (10) any
prescription drug used in the treatment of multiple
sclerosis. The Department may add additional therapeutic
classes by rule. The Department may adopt a preferred drug
list within any of the classes of drugs described in items
(1) through (10) of this paragraph. The specific drugs or
therapeutic classes of covered prescription drugs shall be
indicated by rule.
For Eligibility Group 2, "covered prescription drug"
means those drugs covered for Eligibility Group 1 that are
also covered by the Medicare Part D Prescription Drug Plan
in which the beneficiary is enrolled.

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For Eligibility Group 3, "covered prescription drug"
means those drugs covered by the Medicare Part D
Prescription Drug Plan in which the beneficiary is
enrolled.
For Eligibility Group 3 4, "covered prescription drug"
means those drugs covered by the Medical Assistance Program
under Article V of the Illinois Public Aid Code.
For Eligibility Group 4 5, for individuals otherwise
described in Eligibility Group 2, "covered prescription
drug" means: (1) those drugs covered for Eligibility Group
2 that are also covered by the Medicare Part D Prescription
Drug Plan in which the beneficiary is enrolled; and (2)
those drugs included in the formulary of the Illinois AIDS
Drug Assistance Program operated by the Illinois
Department of Public Health that are also covered by the
Medicare Part D Prescription Drug Plan in which the
beneficiary is enrolled. For Eligibility Group 5, for
individuals otherwise described in Eligibility Group 3,
"covered prescription drug" means those drugs covered by
the Medicare Part D Prescription Drug Plan in which the
beneficiary is enrolled.
An individual in Eligibility Group 1, 2, 3, or 4, or 5 may
opt to receive a $25 monthly payment in lieu of the direct
coverage described in this subsection.
Any person otherwise eligible for pharmaceutical
assistance under this subsection whose covered drugs are

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covered by any public program is ineligible for assistance
under this subsection to the extent that the cost of those
drugs is covered by the other program.
The Department of Healthcare and Family Services shall
establish by rule the methods by which it will provide for the
coverage called for in this subsection. Those methods may
include direct reimbursement to pharmacies or the payment of a
capitated amount to Medicare Part D Prescription Drug Plans.
For a pharmacy to be reimbursed under the program
established under this subsection, it must comply with rules
adopted by the Department of Healthcare and Family Services
regarding coordination of benefits with Medicare Part D
Prescription Drug Plans. A pharmacy may not charge a
Medicare-enrolled beneficiary of the program established under
this subsection more for a covered prescription drug than the
appropriate Medicare cost-sharing less any payment from or on
behalf of the Department of Healthcare and Family Services.
The Department of Healthcare and Family Services or the
Department on Aging, as appropriate, may adopt rules regarding
applications, counting of income, proof of Medicare status,
mandatory generic policies, and pharmacy reimbursement rates
and any other rules necessary for the cost-efficient operation
of the program established under this subsection.
(h) A qualified individual is not entitled to duplicate
benefits in a coverage period as a result of the changes made
by this amendatory Act of the 96th General Assembly.

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(Source: P.A. 94-86, eff. 1-1-06; 94-909, eff. 6-23-06; 95-208,
eff. 8-16-07; 95-644, eff. 10-12-07; 95-876, eff. 8-21-08.)
(320 ILCS 25/4.05 new)
Sec. 4.05. Application.
(a) The Department on Aging shall establish the content,
required eligibility and identification information, use of
social security numbers, and manner of applying for benefits in
a simplified format under this Act, including claims filed for
new or renewed prescription drug benefits.
(b) An application may be filed on paper or over the
Internet to enable persons to apply separately or for both a
property tax relief grant and pharmaceutical assistance on the
same application. An application may also enable persons to
apply for other State or federal programs that provide medical
or pharmaceutical assistance or other benefits, as determined
by the Department on Aging in conjunction with the Department
of Healthcare and Family Services.
(c) Applications must be filed during the time period
prescribed by the Department.
(320 ILCS 25/5) (from Ch. 67 1/2, par. 405)
Sec. 5. Procedure.
(a) In general. Claims must be filed after January 1, on
forms prescribed by the Department. No claim may be filed more
than one year after December 31 of the year for which the claim

HB0366 Enrolled - 31 - LRB096 04022 DRJ 14060 b
is filed except that claims for 1976 may be filed until
December 31, 1978. The pharmaceutical assistance
identification card provided for in subsection (f) of Section 4
shall be valid for a period determined by the Department of
Healthcare and Family Services not to exceed one year. On and
after January 1, 2002, however, to enable the Department to
convert coverage for a pharmaceutical assistance program
participant to a State fiscal year basis, a card shall be valid
for a longer or shorter period than 12 months, depending on the
date a timely claim is filed and as determined by the
Department. All applicants for benefits under this program
approved for benefits on or after July 1 but on or before
December 31 of any State fiscal year are eligible for benefits
through June 30 of that State fiscal year. All applicants for
benefits under this program approved for benefits on or after
January 1 but on or before June 30 of any State fiscal year are
eligible for benefits through June 30 of the following State
fiscal year.
(b) Claim is Personal. The right to file a claim under this
Act shall be personal to the claimant and shall not survive his
death, but such right may be exercised on behalf of a claimant
by his legal guardian or attorney-in-fact. If a claimant dies
after having filed a timely claim, the amount thereof shall be
disbursed to his surviving spouse or, if no spouse survives, to
his surviving dependent minor children in equal parts, provided
the spouse or child, as the case may be, resided with the

HB0366 Enrolled - 32 - LRB096 04022 DRJ 14060 b
claimant at the time he filed his claim. If at the time of
disbursement neither the claimant nor his spouse is surviving,
and no dependent minor children of the claimant are surviving
the amount of the claim shall escheat to the State.
(c) One claim per household. Only one member of a household
may file a claim under this Act in any calendar year; where
both members of a household are otherwise entitled to claim a
grant under this Act, they must agree as to which of them will
file a claim for that year.
(d) (Blank). Content of application form. The form
prescribed by the Department for purposes of paragraph (a)
shall include a table, appropriately keyed to the parts of the
form on which the claimant is required to furnish information,
which will enable the claimant to determine readily the
approximate amount of grant to which he is entitled by relating
levels of household income to property taxes accrued or rent
constituting property taxes accrued.
(e) Pharmaceutical Assistance Procedures. The Department
shall establish the form and manner for application, and
establish by January 1, 1986 a procedure to enable persons to
apply for the additional grant or for the pharmaceutical
assistance identification card on the same application form.
The Department of Healthcare and Family Services shall
determine eligibility for pharmaceutical assistance using the
applicant's current income. The Department shall determine a
person's current income in the manner provided by the

HB0366 Enrolled - 33 - LRB096 04022 DRJ 14060 b
Department by rule.
(Source: P.A. 91-533, eff. 8-13-99; 91-699, eff. 1-1-01;
92-131, eff. 7-23-01; 92-519, eff. 1-1-02.)
(320 ILCS 25/7) (from Ch. 67 1/2, par. 407)
Sec. 7. Payment and denial of claims.
(a) In general. The Director shall order the payment from
appropriations made for that purpose of grants to claimants
under this Act in the amounts to which the Department has
determined they are entitled, respectively. If a claim is
denied, the Director shall cause written notice of that denial
and the reasons for that denial to be sent to the claimant.
(b) Payment of claims one dollar and under. Where the
amount of the grant computed under Section 4 is less than one
dollar, the Department shall pay to the claimant one dollar.
(c) Right to appeal. Any person aggrieved by an action or
determination of the Department on Aging arising under any of
its powers or duties under this Act may request in writing that
the Department on Aging reconsider its action or determination,
setting out the facts upon which the request is based. The
Department on Aging shall consider the request and either
modify or affirm its prior action or determination. The
Department on Aging may adopt, by rule, procedures for
conducting its review under this Section.
Any person aggrieved by an action or determination of the
Department of Healthcare and Family Services arising under any

HB0366 Enrolled - 34 - LRB096 04022 DRJ 14060 b
of its powers or duties under this Act may request in writing
that the Department of Healthcare and Family Services
reconsider its action or determination, setting out the facts
upon which the request is based. The Department of Healthcare
and Family Services shall consider the request and either
modify or affirm its prior action or determination. The
Department of Healthcare and Family Services may adopt, by
rule, procedures for conducting its review under this Section.
Any claimant aggrieved by the action of the Department under
this Act, whether in the reduction of the amount of the grant
claimed or in the denial of the claim, may request in writing
that the Department reconsider its prior determination,
setting out the facts on which his request is based. The
Department shall consider the request and either modify or
affirm its prior determination.
(d) (Blank). Administrative review. The decision of the
Department to affirm its prior determination, or the failure of
the Department to act on a request for reconsideration within
60 days, is a final administrative decision which is subject to
judicial review under the Administrative Review Law, and all
amendments and modifications thereof and the rules adopted
thereto. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
(320 ILCS 25/8) (from Ch. 67 1/2, par. 408)

HB0366 Enrolled - 35 - LRB096 04022 DRJ 14060 b
Sec. 8. Records. Every claimant of a grant under this Act
and every applicant for pharmaceutical assistance under this
Act shall keep such records, render such statements, file such
forms and comply with such rules and regulations as the
Department on Aging may from time to time prescribe. The
Department on Aging may by regulations require landlords to
furnish to tenants statements as to gross rent or rent
constituting property taxes accrued.
(Source: P.A. 77-2059.)
(320 ILCS 25/8a) (from Ch. 67 1/2, par. 408.1)
Sec. 8a. Confidentiality.
(a) Except as otherwise provided in this Act, all
information received by the Department of Revenue or its
successors, the Department on Aging and the Department of
Healthcare and Family Services, from claims filed under this
Act, or from any investigation conducted under the provisions
of this Act, shall be confidential, except for official
purposes within those Departments the Department or pursuant to
official procedures for collection of any State tax or
enforcement of any civil or criminal penalty or sanction
imposed by this Act or by any statute imposing a State tax, and
any person who divulges any such information in any manner,
except for such purposes and pursuant to order of the Director
of one of those Departments or in accordance with a proper
judicial order, shall be guilty of a Class A misdemeanor.

HB0366 Enrolled - 36 - LRB096 04022 DRJ 14060 b
(b) Nothing contained in this Act shall prevent the
Director of Aging from publishing or making available
reasonable statistics concerning the operation of the grant
programs contained in this Act wherein the contents of claims
are grouped into aggregates in such a way that information
contained in any individual claim shall not be disclosed.
(c) The Department on Aging shall furnish to the Secretary
of State such information as is reasonably necessary for the
administration of reduced vehicle registration fees pursuant
to Section 3-806.3 of "The Illinois Vehicle Code".
(Source: P.A. 89-399, eff. 8-20-95.)
(320 ILCS 25/9) (from Ch. 67 1/2, par. 409)
Sec. 9. Fraud; error.
(a) Any person who files a fraudulent claim for a grant
under this Act, or who for compensation prepares a claim for a
grant and knowingly enters false information on an application
a claim form for any claimant under this Act, or who
fraudulently files multiple applications claim forms, or who
fraudulently states that a nondisabled person is disabled, or
who fraudulently procures a pharmaceutical assistance benefits
identification card, or who fraudulently uses such assistance
card to procure covered prescription drugs, or who, on behalf
of an authorized pharmacy, files a fraudulent request claim for
payment, is guilty of a Class 4 felony for the first offense
and is guilty of a Class 3 felony for each subsequent offense.

HB0366 Enrolled - 37 - LRB096 04022 DRJ 14060 b
(b) The Department on Aging and the Department of
Healthcare and Family Services shall immediately suspend the
use of the pharmaceutical assistance benefits identification
card of any person suspected of fraudulent procurement or
fraudulent use of such assistance card, and shall revoke such
assistance card upon a conviction. A person convicted of such
fraud under subsection (a) shall be permanently barred from all
of the programs the program of pharmaceutical assistance
established under this Act.
(c) The Department on Aging may recover from a claimant,
including an authorized pharmacy, any amount paid to that
claimant under this Act on account of an erroneous or
fraudulent claim, together with 6% interest per year. Amounts
recoverable from a claimant by the Department on Aging under
this Act may, but need not, be recovered by offsetting the
amount owed against any future grant payable to the person
under this Act.
The Department of Healthcare and Family Services may
recover from an authorized pharmacy any amount paid to that
pharmacy under the pharmaceutical assistance program on
account of an erroneous or fraudulent request for payment under
that program, together with 6% interest per year. The
Department of Healthcare and Family Services may recover from a
person who erroneously or fraudulently obtains benefits under
the pharmaceutical assistance program the value of the benefits
so obtained, together with 6% interest per year.

HB0366 Enrolled - 38 - LRB096 04022 DRJ 14060 b
(d) A prosecution for a violation of this Section may be
commenced at any time within 3 years of the commission of that
violation.
(Source: P.A. 85-299.)
(320 ILCS 25/12) (from Ch. 67 1/2, par. 412)
Sec. 12. Regulations - Department on Aging.
(a) Regulations. Notwithstanding any other provision to
the contrary, the Department on Aging may adopt rules regarding
applications, proof of eligibility, required identification
information, use of social security numbers, counting of
income, and a method of computing "gross rent" in the case of a
claimant living in a nursing or sheltered care home, and any
other rules necessary for the cost-efficient operation of the
program established under Section 4. The Director shall
promulgate such regulations as are necessary or desirable to
effectuate the purposes of this Act, including but not limited
to the method of computing "gross rent" in the case of a
claimant living in a nursing or sheltered care home.
(b) The Department on Aging shall, to the extent of
appropriations made for that purpose:
(1) attempt to secure the cooperation of appropriate
federal, State and local agencies in securing the names and
addresses of persons to whom this Act pertains;
(2) prepare a mailing list of persons eligible for
grants under this Act;

HB0366 Enrolled - 39 - LRB096 04022 DRJ 14060 b
(3) secure the cooperation of the Department of
Revenue, the Department of Healthcare and Family Services,
other State agencies, and of local business establishments
to facilitate distribution of applications application
forms under this Act to those eligible to file claims; and
(4) through use of direct mail, newspaper
advertisements and radio and television advertisements,
and all other appropriate means of communication, conduct
an on-going public relations program to increase awareness
of eligible citizens of the benefits grants under this Act
and the procedures for applying for them.
(Source: P.A. 78-1249.)
(320 ILCS 25/13) (from Ch. 67 1/2, par. 413)
Sec. 13. List of persons who have qualified. The Department
on Aging of Revenue shall maintain a list of all persons who
have qualified under this Act and shall make the list available
to the Department of Healthcare and Family Services, the
Department of Public Health, the Secretary of State,
municipalities, and public transit authorities upon request.
All information received by a State agency, municipality,
or public transit authority under this Section shall be
confidential, except for official purposes, and any person who
divulges or uses that information in any manner, except in
accordance with a proper judicial order, shall be guilty of a
Class B misdemeanor.

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(Source: P.A. 87-247.)
(320 ILCS 25/3.02 rep.)
(320 ILCS 25/3.03 rep.)
(320 ILCS 25/3.15 rep.)
(320 ILCS 25/3.16 rep.)
(320 ILCS 25/3.17 rep.)
Section 20. The Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act is
amended by repealing Sections 3.02, 3.03, 3.15, 3.16, and 3.17.
Section 99. Effective date. This Act takes effect January
1, 2010.