Bill Text: IL SB3745 | 2009-2010 | 96th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. Provides that for the 2011 claim year and each claim year thereafter, if a person files a claim for a grant or pharmaceutical assistance under the Act and represents on the claim form that (i) he or she is a surviving spouse and (ii) his or her marital status is "single", then only his or her individual income for the applicable year shall be counted in determining his or her eligibility for a grant or pharmaceutical assistance. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Engrossed - Dead) 2010-04-23 - Rule 19(a) / Re-referred to Rules Committee [SB3745 Detail]
Download: Illinois-2009-SB3745-Introduced.html
Bill Title: Amends the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. Provides that for the 2011 claim year and each claim year thereafter, if a person files a claim for a grant or pharmaceutical assistance under the Act and represents on the claim form that (i) he or she is a surviving spouse and (ii) his or her marital status is "single", then only his or her individual income for the applicable year shall be counted in determining his or her eligibility for a grant or pharmaceutical assistance. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Engrossed - Dead) 2010-04-23 - Rule 19(a) / Re-referred to Rules Committee [SB3745 Detail]
Download: Illinois-2009-SB3745-Introduced.html
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1 | AN ACT concerning aging.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Senior Citizens and Disabled Persons | ||||||||||||||||||||||||
5 | Property Tax Relief and
Pharmaceutical Assistance Act is | ||||||||||||||||||||||||
6 | amended by changing Section 4 as follows:
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7 | (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
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8 | Sec. 4. Amount of Grant.
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9 | (a) In general. Any individual 65 years or older or any | ||||||||||||||||||||||||
10 | individual who will
become 65 years old during the calendar | ||||||||||||||||||||||||
11 | year in which a claim is filed, and any
surviving spouse of | ||||||||||||||||||||||||
12 | such a claimant, who at the time of death received or was
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13 | entitled to receive a grant pursuant to this Section, which | ||||||||||||||||||||||||
14 | surviving spouse
will become 65 years of age within the 24 | ||||||||||||||||||||||||
15 | months immediately following the
death of such claimant and | ||||||||||||||||||||||||
16 | which surviving spouse but for his or her age is
otherwise | ||||||||||||||||||||||||
17 | qualified to receive a grant pursuant to this Section, and any
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18 | disabled person whose annual household income is less than the | ||||||||||||||||||||||||
19 | income eligibility limitation, as defined in subsection (a-5)
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20 | and whose household is liable for payment of property taxes | ||||||||||||||||||||||||
21 | accrued or has
paid rent constituting property taxes accrued | ||||||||||||||||||||||||
22 | and is domiciled in this State
at the time he or she files his | ||||||||||||||||||||||||
23 | or her claim is entitled to claim a
grant under this Act.
With |
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1 | respect to claims filed by individuals who will become 65 years | ||||||
2 | old
during the calendar year in which a claim is filed, the | ||||||
3 | amount of any grant
to which that household is entitled shall | ||||||
4 | be an amount equal to 1/12 of the
amount to which the claimant | ||||||
5 | would otherwise be entitled as provided in
this Section, | ||||||
6 | multiplied by the number of months in which the claimant was
65 | ||||||
7 | in the calendar year in which the claim is filed.
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8 | (a-5) Income eligibility limitation. For purposes of this | ||||||
9 | Section, "income eligibility limitation" means an amount for | ||||||
10 | grant years 2008 and thereafter: | ||||||
11 | (1) less than $22,218 for a household containing one | ||||||
12 | person; | ||||||
13 | (2) less than $29,480 for a household containing 2 | ||||||
14 | persons; or | ||||||
15 | (3) less than $36,740 for a
household containing 3 or | ||||||
16 | more persons. | ||||||
17 | For 2009 claim year applications submitted during calendar | ||||||
18 | year 2010, a household must have annual household income of | ||||||
19 | less than $27,610 for a household containing one person; less | ||||||
20 | than $36,635 for a household containing 2 persons; or less than | ||||||
21 | $45,657 for a household containing 3 or more persons. | ||||||
22 | The Department on Aging may adopt rules such that on | ||||||
23 | January 1, 2011, and thereafter, the foregoing household income | ||||||
24 | eligibility limits may be changed to reflect the annual cost of | ||||||
25 | living adjustment in Social Security and Supplemental Security | ||||||
26 | Income benefits that are applicable to the year for which those |
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1 | benefits are being reported as income on an application. | ||||||
2 | If a person files as a surviving spouse, then only his or | ||||||
3 | her income shall be counted in determining his or her household | ||||||
4 | income. | ||||||
5 | For the 2011 claim year and each claim year thereafter, if | ||||||
6 | a person files a claim for a grant under this Act and | ||||||
7 | represents on the claim form that (i) he or she is a surviving | ||||||
8 | spouse and (ii) his or her marital status is "single", then | ||||||
9 | only his or her individual income for the applicable year shall | ||||||
10 | be counted in determining his or her eligibility for a grant. | ||||||
11 | (b) Limitation. Except as otherwise provided in | ||||||
12 | subsections (a) and (f)
of this Section, the maximum amount of | ||||||
13 | grant which a claimant is
entitled to claim is the amount by | ||||||
14 | which the property taxes accrued which
were paid or payable | ||||||
15 | during the last preceding tax year or rent
constituting | ||||||
16 | property taxes accrued upon the claimant's residence for the
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17 | last preceding taxable year exceeds 3 1/2% of the claimant's | ||||||
18 | household
income for that year but in no event is the grant to | ||||||
19 | exceed (i) $700 less
4.5% of household income for that year for | ||||||
20 | those with a household income of
$14,000 or less or (ii) $70 if | ||||||
21 | household income for that year is more than
$14,000.
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22 | (c) Public aid recipients. If household income in one or | ||||||
23 | more
months during a year includes cash assistance in excess of | ||||||
24 | $55 per month
from the Department of Healthcare and Family | ||||||
25 | Services or the Department of Human Services (acting
as | ||||||
26 | successor to the Department of Public Aid under the Department |
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1 | of Human
Services Act) which was determined under regulations | ||||||
2 | of
that Department on a measure of need that included an | ||||||
3 | allowance for actual
rent or property taxes paid by the | ||||||
4 | recipient of that assistance, the amount
of grant to which that | ||||||
5 | household is entitled, except as otherwise provided in
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6 | subsection (a), shall be the product of (1) the maximum amount | ||||||
7 | computed as
specified in subsection (b) of this Section and (2) | ||||||
8 | the ratio of the number of
months in which household income did | ||||||
9 | not include such cash assistance over $55
to the number twelve. | ||||||
10 | If household income did not include such cash assistance
over | ||||||
11 | $55 for any months during the year, the amount of the grant to | ||||||
12 | which the
household is entitled shall be the maximum amount | ||||||
13 | computed as specified in
subsection (b) of this Section. For | ||||||
14 | purposes of this paragraph (c), "cash
assistance" does not | ||||||
15 | include any amount received under the federal Supplemental
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16 | Security Income (SSI) program.
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17 | (d) Joint ownership. If title to the residence is held | ||||||
18 | jointly by
the claimant with a person who is not a member of | ||||||
19 | his or her household,
the amount of property taxes accrued used | ||||||
20 | in computing the amount of grant
to which he or she is entitled | ||||||
21 | shall be the same percentage of property
taxes accrued as is | ||||||
22 | the percentage of ownership held by the claimant in the
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23 | residence.
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24 | (e) More than one residence. If a claimant has occupied | ||||||
25 | more than
one residence in the taxable year, he or she may | ||||||
26 | claim only one residence
for any part of a month. In the case |
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1 | of property taxes accrued, he or she
shall prorate 1/12 of the | ||||||
2 | total property taxes accrued on
his or her residence to each | ||||||
3 | month that he or she owned and occupied
that residence; and, in | ||||||
4 | the case of rent constituting property taxes accrued,
shall | ||||||
5 | prorate each month's rent payments to the residence
actually | ||||||
6 | occupied during that month.
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7 | (f) (Blank).
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8 | (g) Effective January 1, 2006, there is hereby established | ||||||
9 | a program of pharmaceutical assistance to the aged and | ||||||
10 | disabled, entitled the Illinois Seniors and Disabled Drug | ||||||
11 | Coverage Program, which shall be administered by the Department | ||||||
12 | of Healthcare and Family Services and the Department on Aging | ||||||
13 | in accordance with this subsection, to consist of coverage of | ||||||
14 | specified prescription drugs on behalf of beneficiaries of the | ||||||
15 | program as set forth in this subsection. | ||||||
16 | To become a beneficiary under the program established under | ||||||
17 | this subsection, a person must: | ||||||
18 | (1) be (i) 65 years of age or older or (ii) disabled; | ||||||
19 | and | ||||||
20 | (2) be domiciled in this State; and | ||||||
21 | (3) enroll with a qualified Medicare Part D | ||||||
22 | Prescription Drug Plan if eligible and apply for all | ||||||
23 | available subsidies under Medicare Part D; and | ||||||
24 | (4) for the 2006 and 2007 claim years, have a maximum | ||||||
25 | household income of (i) less than $21,218 for a household | ||||||
26 | containing one person, (ii) less than $28,480 for a |
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1 | household containing 2 persons, or (iii) less than $35,740 | ||||||
2 | for a household containing 3 or more persons; and | ||||||
3 | (5) for the 2008 claim year, have a maximum household | ||||||
4 | income of (i) less than $22,218 for a household containing | ||||||
5 | one person, (ii) $29,480 for a household containing 2 | ||||||
6 | persons, or (iii) $36,740 for a household containing 3 or | ||||||
7 | more persons; and | ||||||
8 | (6) for 2009 claim year applications submitted during | ||||||
9 | calendar year 2010, have annual household income of less | ||||||
10 | than (i) $27,610 for a household containing one person; | ||||||
11 | (ii) less than $36,635 for a household containing 2 | ||||||
12 | persons; or (iii) less than $45,657 for a household | ||||||
13 | containing 3 or more persons. | ||||||
14 | The Department of Healthcare and Family Services may adopt | ||||||
15 | rules such that on January 1, 2011, and thereafter, the | ||||||
16 | foregoing household income eligibility limits may be changed to | ||||||
17 | reflect the annual cost of living adjustment in Social Security | ||||||
18 | and Supplemental Security Income benefits that are applicable | ||||||
19 | to the year for which those benefits are being reported as | ||||||
20 | income on an application. | ||||||
21 | For the 2011 claim year and each claim year thereafter, if | ||||||
22 | a person files a claim for pharmaceutical assistance and | ||||||
23 | represents on the claim form that (i) he or she is a surviving | ||||||
24 | spouse and (ii) his or her marital status is "single", then | ||||||
25 | only his or her individual income for the applicable year shall | ||||||
26 | be counted in determining his or her eligibility for |
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1 | assistance. | ||||||
2 | All individuals enrolled as of December 31, 2005, in the | ||||||
3 | pharmaceutical assistance program operated pursuant to | ||||||
4 | subsection (f) of this Section and all individuals enrolled as | ||||||
5 | of December 31, 2005, in the SeniorCare Medicaid waiver program | ||||||
6 | operated pursuant to Section 5-5.12a of the Illinois Public Aid | ||||||
7 | Code shall be automatically enrolled in the program established | ||||||
8 | by this subsection for the first year of operation without the | ||||||
9 | need for further application, except that they must apply for | ||||||
10 | Medicare Part D and the Low Income Subsidy under Medicare Part | ||||||
11 | D. A person enrolled in the pharmaceutical assistance program | ||||||
12 | operated pursuant to subsection (f) of this Section as of | ||||||
13 | December 31, 2005, shall not lose eligibility in future years | ||||||
14 | due only to the fact that they have not reached the age of 65. | ||||||
15 | To the extent permitted by federal law, the Department may | ||||||
16 | act as an authorized representative of a beneficiary in order | ||||||
17 | to enroll the beneficiary in a Medicare Part D Prescription | ||||||
18 | Drug Plan if the beneficiary has failed to choose a plan and, | ||||||
19 | where possible, to enroll beneficiaries in the low-income | ||||||
20 | subsidy program under Medicare Part D or assist them in | ||||||
21 | enrolling in that program. | ||||||
22 | Beneficiaries under the program established under this | ||||||
23 | subsection shall be divided into the following 4 eligibility | ||||||
24 | groups: | ||||||
25 | (A) Eligibility Group 1 shall consist of beneficiaries | ||||||
26 | who are not eligible for Medicare Part D coverage and who
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1 | are: | ||||||
2 | (i) disabled and under age 65; or | ||||||
3 | (ii) age 65 or older, with incomes over 200% of the | ||||||
4 | Federal Poverty Level; or | ||||||
5 | (iii) age 65 or older, with incomes at or below | ||||||
6 | 200% of the Federal Poverty Level and not eligible for | ||||||
7 | federally funded means-tested benefits due to | ||||||
8 | immigration status. | ||||||
9 | (B) Eligibility Group 2 shall consist of beneficiaries | ||||||
10 | who are eligible for Medicare Part D coverage. | ||||||
11 | (C) Eligibility Group 3 shall consist of beneficiaries | ||||||
12 | age 65 or older, with incomes at or below 200% of the | ||||||
13 | Federal Poverty Level, who are not barred from receiving | ||||||
14 | federally funded means-tested benefits due to immigration | ||||||
15 | status and are not eligible for Medicare Part D coverage. | ||||||
16 | If the State applies and receives federal approval for | ||||||
17 | a waiver under Title XIX of the Social Security Act, | ||||||
18 | persons in Eligibility Group 3 shall continue to receive | ||||||
19 | benefits through the approved waiver, and Eligibility | ||||||
20 | Group 3 may be expanded to include disabled persons under | ||||||
21 | age 65 with incomes under 200% of the Federal Poverty Level | ||||||
22 | who are not eligible for Medicare and who are not barred | ||||||
23 | from receiving federally funded means-tested benefits due | ||||||
24 | to immigration status. | ||||||
25 | (D) Eligibility Group 4 shall consist of beneficiaries | ||||||
26 | who are otherwise described in Eligibility Group 2 who have |
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1 | a diagnosis of HIV or AIDS.
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2 | The program established under this subsection shall cover | ||||||
3 | the cost of covered prescription drugs in excess of the | ||||||
4 | beneficiary cost-sharing amounts set forth in this paragraph | ||||||
5 | that are not covered by Medicare. In 2006, beneficiaries shall | ||||||
6 | pay a co-payment of $2 for each prescription of a generic drug | ||||||
7 | and $5 for each prescription of a brand-name drug. In future | ||||||
8 | years, beneficiaries shall pay co-payments equal to the | ||||||
9 | co-payments required under Medicare Part D for "other | ||||||
10 | low-income subsidy eligible individuals" pursuant to 42 CFR | ||||||
11 | 423.782(b). For individuals in Eligibility Groups 1, 2, and 3, | ||||||
12 | once the program established under this subsection and Medicare | ||||||
13 | combined have paid $1,750 in a year for covered prescription | ||||||
14 | drugs, the beneficiary shall pay 20% of the cost of each | ||||||
15 | prescription in addition to the co-payments set forth in this | ||||||
16 | paragraph. For individuals in Eligibility Group 4, once the | ||||||
17 | program established under this subsection and Medicare | ||||||
18 | combined have paid $1,750 in a year for covered prescription | ||||||
19 | drugs, the beneficiary shall pay 20% of the cost of each | ||||||
20 | prescription in addition to the co-payments set forth in this | ||||||
21 | paragraph unless the drug is included in the formulary of the | ||||||
22 | Illinois AIDS Drug Assistance Program operated by the Illinois | ||||||
23 | Department of Public Health and covered by the Medicare Part D | ||||||
24 | Prescription Drug Plan in which the beneficiary is enrolled. If | ||||||
25 | the drug is included in the formulary of the Illinois AIDS Drug | ||||||
26 | Assistance Program and covered by the Medicare Part D |
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1 | Prescription Drug Plan in which the beneficiary is enrolled, | ||||||
2 | individuals in Eligibility Group 4 shall continue to pay the | ||||||
3 | co-payments set forth in this paragraph after the program | ||||||
4 | established under this subsection and Medicare combined have | ||||||
5 | paid $1,750 in a year for covered prescription drugs.
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6 | For beneficiaries eligible for Medicare Part D coverage, | ||||||
7 | the program established under this subsection shall pay 100% of | ||||||
8 | the premiums charged by a qualified Medicare Part D | ||||||
9 | Prescription Drug Plan for Medicare Part D basic prescription | ||||||
10 | drug coverage, not including any late enrollment penalties. | ||||||
11 | Qualified Medicare Part D Prescription Drug Plans may be | ||||||
12 | limited by the Department of Healthcare and Family Services to | ||||||
13 | those plans that sign a coordination agreement with the | ||||||
14 | Department. | ||||||
15 | Notwithstanding Section 3.15, for purposes of the program | ||||||
16 | established under this subsection, the term "covered | ||||||
17 | prescription drug" has the following meanings: | ||||||
18 | For Eligibility Group 1, "covered prescription drug" | ||||||
19 | means: (1) any cardiovascular agent or drug; (2) any | ||||||
20 | insulin or other prescription drug used in the treatment of | ||||||
21 | diabetes, including syringe and needles used to administer | ||||||
22 | the insulin; (3) any prescription drug used in the | ||||||
23 | treatment of arthritis; (4) any prescription drug used in | ||||||
24 | the treatment of cancer; (5) any prescription drug used in | ||||||
25 | the treatment of Alzheimer's disease; (6) any prescription | ||||||
26 | drug used in the treatment of Parkinson's disease; (7) any |
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1 | prescription drug used in the treatment of glaucoma; (8) | ||||||
2 | any prescription drug used in the treatment of lung disease | ||||||
3 | and smoking-related illnesses; (9) any prescription drug | ||||||
4 | used in the treatment of osteoporosis; and (10) any | ||||||
5 | prescription drug used in the treatment of multiple | ||||||
6 | sclerosis. The Department may add additional therapeutic | ||||||
7 | classes by rule. The Department may adopt a preferred drug | ||||||
8 | list within any of the classes of drugs described in items | ||||||
9 | (1) through (10) of this paragraph. The specific drugs or | ||||||
10 | therapeutic classes of covered prescription drugs shall be | ||||||
11 | indicated by rule. | ||||||
12 | For Eligibility Group 2, "covered prescription drug" | ||||||
13 | means those drugs covered by the Medicare Part D | ||||||
14 | Prescription Drug Plan in which the beneficiary is | ||||||
15 | enrolled. | ||||||
16 | For Eligibility Group 3, "covered prescription drug" | ||||||
17 | means those drugs covered by the Medical Assistance Program | ||||||
18 | under Article V of the Illinois Public Aid Code. | ||||||
19 | For Eligibility Group 4, "covered prescription drug" | ||||||
20 | means those drugs covered by the Medicare Part D | ||||||
21 | Prescription Drug Plan in which the beneficiary is | ||||||
22 | enrolled. | ||||||
23 | An individual in Eligibility Group 1, 2, 3, or 4 may opt to | ||||||
24 | receive a $25 monthly payment in lieu of the direct coverage | ||||||
25 | described in this subsection. | ||||||
26 | Any person otherwise eligible for pharmaceutical |
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1 | assistance under this subsection whose covered drugs are | ||||||
2 | covered by any public program is ineligible for assistance | ||||||
3 | under this subsection to the extent that the cost of those | ||||||
4 | drugs is covered by the other program. | ||||||
5 | The Department of Healthcare and Family Services shall | ||||||
6 | establish by rule the methods by which it will provide for the | ||||||
7 | coverage called for in this subsection. Those methods may | ||||||
8 | include direct reimbursement to pharmacies or the payment of a | ||||||
9 | capitated amount to Medicare Part D Prescription Drug Plans. | ||||||
10 | For a pharmacy to be reimbursed under the program | ||||||
11 | established under this subsection, it must comply with rules | ||||||
12 | adopted by the Department of Healthcare and Family Services | ||||||
13 | regarding coordination of benefits with Medicare Part D | ||||||
14 | Prescription Drug Plans. A pharmacy may not charge a | ||||||
15 | Medicare-enrolled beneficiary of the program established under | ||||||
16 | this subsection more for a covered prescription drug than the | ||||||
17 | appropriate Medicare cost-sharing less any payment from or on | ||||||
18 | behalf of the Department of Healthcare and Family Services. | ||||||
19 | The Department of Healthcare and Family Services or the | ||||||
20 | Department on Aging, as appropriate, may adopt rules regarding | ||||||
21 | applications, counting of income, proof of Medicare status, | ||||||
22 | mandatory generic policies, and pharmacy reimbursement rates | ||||||
23 | and any other rules necessary for the cost-efficient operation | ||||||
24 | of the program established under this subsection. | ||||||
25 | (h) A qualified individual is not entitled to duplicate
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26 | benefits in a coverage period as a result of the changes made
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1 | by this amendatory Act of the 96th General Assembly.
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2 | (Source: P.A. 95-208, eff. 8-16-07; 95-644, eff. 10-12-07; | ||||||
3 | 95-876, eff. 8-21-08; 96-804, eff. 1-1-10.)
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
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