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Rep. Kathleen A. Ryg
Filed: 1/17/2008
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| AMENDMENT TO SENATE BILL 1409
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| AMENDMENT NO. ______. Amend Senate Bill 1409 by replacing |
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| everything after the enacting clause with the following:
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| "Section 3. If and only if House Bill 656 of the 95th |
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| General Assembly becomes law, the Counties Code is amended by |
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| adding Section 6-34000 as follows: |
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| (55 ILCS 5/6-34000 new)
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| Sec. 6-34000. Report on funds received under the Regional |
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| Transportation Authority Act. If the Board of the Regional |
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| Transportation Authority adopts an ordinance under Section |
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| 4.03 of the Regional Transportation Authority Act imposing a |
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| retailers' occupation tax and a service occupation tax at the |
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| rate of 0.75% in the counties of DuPage, Kane, Lake, McHenry, |
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| and Will, then the County Boards of DuPage, Kane, Lake, |
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| McHenry, and Will counties shall each report to the General |
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| Assembly, the Regional Transportation Authority, and the |
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| Commission on Government Forecasting and Accountability by |
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| March 1 of the year following the adoption of the ordinance and |
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| March 1 of each year thereafter. That report shall include the |
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| total amounts received by the County under subsection (n) of |
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| Section 4.03 of the Regional Transportation Authority Act and |
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| the expenditures and obligations of the County using those |
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| funds during the previous calendar year. |
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| Section 5. If and only if House Bill 656 of the 95th |
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| General Assembly becomes law, the Downstate Public |
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| Transportation Act is amended by changing Section 2-15.2 as |
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| follows: |
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| (30 ILCS 740/2-15.2) |
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| Sec. 2-15.2. Notwithstanding any law to the contrary, no |
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| later than 60 days following the effective date of this |
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| amendatory Act of the 95th General Assembly, all any fixed |
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| route public transportation services provided by, or under |
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| grant or purchase of service contracts of, every participant, |
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| as defined in Section 2-2.02 (1)(a), shall be provided without |
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| charge to all eligible beneficiaries under Section 4(h) of the |
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| Senior Citizens and Disabled Persons Property Tax Relief and |
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| Pharmaceutical Assistance Act senior citizen residents of the |
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| participant aged 65 and older, under such procedures conditions |
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| as shall be prescribed by the participant.
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| (Source: 95HB0656enr with amv.) |
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| (70 ILCS 3605/51 rep.) |
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| Section 10. If and only if House Bill 656 of the 95th |
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| General Assembly becomes law, the Metropolitan Transit |
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| Authority Act is amended by repealing Section 51. |
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| Section 15. If and only if House Bill 656 of the 95th |
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| General Assembly becomes law, the Local Mass Transit District |
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| Act is amended by changing Section 8.6 as follows: |
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| (70 ILCS 3610/8.6) |
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| Sec. 8.6. Notwithstanding any law to the contrary, no later |
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| than 60 days following the effective date of this amendatory |
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| Act of the 95th General Assembly, all any fixed route public |
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| transportation services provided by, or under grant or purchase |
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| of service contracts of, every District shall be provided |
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| without charge to all eligible beneficiaries under Section 4(h) |
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| of the Senior Citizens and Disabled Persons Property Tax Relief |
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| and Pharmaceutical Assistance Act senior citizens of the |
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| District aged 65 and older, under such procedures conditions as |
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| shall be prescribed by the District.
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| (Source: 95HB0656enr with amv.) |
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| Section 20. If and only if House Bill 656 of the 95th |
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| General Assembly becomes law, the Regional Transportation |
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| Authority Act is amended by changing Section 2.04 as follows:
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| (70 ILCS 3615/2.04) (from Ch. 111 2/3, par. 702.04)
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| Sec. 2.04. Fares and Nature of Service. |
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| (a) Whenever a Service Board provides any public |
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| transportation by
operating public transportation facilities, |
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| the Service Board
shall provide for the level and nature of |
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| fares or charges to be made for
such services, and the nature |
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| and standards of public transportation to
be so provided that |
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| meet the goals and objectives adopted by the Authority in the |
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| Strategic Plan. Provided, however that if the Board adopts a |
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| budget and
financial plan for a Service Board in accordance |
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| with the provisions in
Section 4.11(b)(5), the Board may |
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| consistent with the terms of any purchase
of service contract |
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| provide for the level and nature of fares
to be made for such |
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| services under the jurisdiction of that Service Board,
and the |
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| nature and standards of public transportation to be so |
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| provided.
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| (b) Whenever a Service Board provides any public |
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| transportation
pursuant to grants made after June 30, 1975, to |
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| transportation agencies
for operating expenses (other than |
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| with regard to experimental programs)
or pursuant to any |
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| purchase of service agreement, the purchase of service
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| agreement or grant contract shall provide for the level and |
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| nature of fares
or charges to be made for such services, and |
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| the nature and standards of
public transportation to be so |
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| provided. A Service Board
shall require all transportation |
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| agencies with which it contracts, or from
which it purchases |
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| transportation services or to which it makes grants to
provide |
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| half fare transportation for their student riders if any of |
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| such
agencies provide for half fare transportation to their |
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| student riders.
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| (c) In so providing for the fares or charges and the nature |
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| and standards of
public transportation, any purchase of service |
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| agreements or grant contracts
shall provide, among other |
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| matters, for the terms or cost of transfers
or interconnections |
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| between different modes of transportation and
different public |
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| transportation agencies, schedules or routes of such
service, |
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| changes which may be made in such service, the nature and
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| condition of the facilities used in providing service, the |
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| manner of
collection and disposition of fares or charges, the |
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| records and reports
to be kept and made concerning such |
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| service, for interchangeable
tickets or other coordinated or |
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| uniform methods of collection of
charges, and shall further |
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| require that the transportation agency comply with any |
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| determination made by the Board of the Authority under and |
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| subject to the provisions of Section 2.12b of this Act. In |
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| regard to any such service, the Authority and the Service
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| Boards shall give
attention to and may undertake programs to |
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| promote use of public
transportation and to provide coordinated |
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| ticket sales and passenger
information. In the case of a grant |
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| to a transportation agency which
remains subject to Illinois |
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| Commerce Commission supervision and
regulation, the Service |
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| Boards shall exercise the powers
set forth in this
Section in a |
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| manner consistent with such supervision and regulation by
the |
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| Illinois Commerce Commission.
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| (d) Notwithstanding any law to the contrary, no later than |
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| 60 days following the effective date of this amendatory Act of |
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| the 95th General Assembly, each Service Board shall provide |
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| without charge fixed route public transportation services |
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| provided by the Service Boards, or under grant or purchase of |
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| service contracts, to all eligible beneficiaries under Section |
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| 4(h) of the Senior Citizens and Disabled Persons Property Tax |
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| Relief and Pharmaceutical Assistance Act, under such |
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| procedures as shall be prescribed by the Authority. |
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| (Source: 95HB0656enr.)
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| (70 ILCS 3615/3A.15 rep.) |
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| (70 ILCS 3615/3B.14 rep.) |
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| Section 25. If and only if House Bill 656 of the 95th |
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| General Assembly becomes law, the Regional Transportation |
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| Authority Act is amended by repealing Sections 3A.15 and 3B.14. |
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| Section 30. If and only if House Bill 656 of the 95th |
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| General Assembly becomes law, the Senior Citizens and Disabled |
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| Persons Property Tax Relief and
Pharmaceutical Assistance Act |
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| is amended by changing Sections 3.02, 3.03, 4, 8a, and 13 and |
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| by adding Section 14 as follows:
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| (320 ILCS 25/3.02) (from Ch. 67 1/2, par. 403.02)
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| Sec. 3.02.
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| "Department" means the Department on Aging of Revenue of |
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| this State.
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| (Source: P.A. 77-2059.)
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| (320 ILCS 25/3.03) (from Ch. 67 1/2, par. 403.03)
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| Sec. 3.03.
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| "Director" means the Director of the Department on Aging |
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| Revenue of this State.
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| (Source: P.A. 77-2059.)
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| (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
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| Sec. 4. Amount of Grant.
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| (a) In general. Any individual 65 years or older or any |
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| individual who will
become 65 years old during the calendar |
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| year in which a claim is filed, and any
surviving spouse of |
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| such a claimant, who at the time of death received or was
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| entitled to receive a grant pursuant to this Section, which |
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| surviving spouse
will become 65 years of age within the 24 |
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| months immediately following the
death of such claimant and |
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| which surviving spouse but for his or her age is
otherwise |
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| qualified to receive a grant pursuant to this Section, and any
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| disabled person whose annual household income is less than the |
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| income eligibility limitation, as defined in subsection (a-5)
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| and whose household is liable for payment of property taxes |
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| accrued or has
paid rent constituting property taxes accrued |
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| and is domiciled in this State
at the time he or she files his |
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| or her claim is entitled to claim a
grant under this Act.
With |
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| respect to claims filed by individuals who will become 65 years |
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| old
during the calendar year in which a claim is filed, the |
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| amount of any grant
to which that household is entitled shall |
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| be an amount equal to 1/12 of the
amount to which the claimant |
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| would otherwise be entitled as provided in
this Section, |
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| multiplied by the number of months in which the claimant was
65 |
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| in the calendar year in which the claim is filed.
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| (a-5) Income eligibility limitation. For purposes of this |
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| Section, "income eligibility limitation" means an amount: |
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| (i) for grant years before the 1998 grant year, less |
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| than $14,000; |
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| (ii) for the 1998 and 1999 grant year, less than |
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| $16,000; |
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| (iii) for grant years 2000 through 2007: |
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| (A) less than $21,218 for a household containing |
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| one person; |
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| (B) less than $28,480 for a household containing 2 |
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| persons; or |
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| (C) less than $35,740 for a
household containing 3 |
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| or more persons; or |
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| (iv) for grant years 2008 and thereafter:
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| (A) less than $22,218 for a household containing |
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| one person; |
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| (B) less than $29,480 for a household containing 2 |
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| persons; or |
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| (C) less than $36,740 for a
household containing 3 |
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| or more persons. |
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| (b) Limitation. Except as otherwise provided in |
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| subsections (a) and (f)
of this Section, the maximum amount of |
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| grant which a claimant is
entitled to claim is the amount by |
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| which the property taxes accrued which
were paid or payable |
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| during the last preceding tax year or rent
constituting |
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| property taxes accrued upon the claimant's residence for the
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| last preceding taxable year exceeds 3 1/2% of the claimant's |
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| household
income for that year but in no event is the grant to |
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| exceed (i) $700 less
4.5% of household income for that year for |
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| those with a household income of
$14,000 or less or (ii) $70 if |
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| household income for that year is more than
$14,000.
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| (c) Public aid recipients. If household income in one or |
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| more
months during a year includes cash assistance in excess of |
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| $55 per month
from the Department of Healthcare and Family |
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| Services or the Department of Human Services (acting
as |
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| successor to the Department of Public Aid under the Department |
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| of Human
Services Act) which was determined under regulations |
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| of
that Department on a measure of need that included an |
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| allowance for actual
rent or property taxes paid by the |
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| recipient of that assistance, the amount
of grant to which that |
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| household is entitled, except as otherwise provided in
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| subsection (a), shall be the product of (1) the maximum amount |
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| computed as
specified in subsection (b) of this Section and (2) |
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| the ratio of the number of
months in which household income did |
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| not include such cash assistance over $55
to the number twelve. |
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| If household income did not include such cash assistance
over |
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| $55 for any months during the year, the amount of the grant to |
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| which the
household is entitled shall be the maximum amount |
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| computed as specified in
subsection (b) of this Section. For |
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| purposes of this paragraph (c), "cash
assistance" does not |
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| include any amount received under the federal Supplemental
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| Security Income (SSI) program.
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| (d) Joint ownership. If title to the residence is held |
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| jointly by
the claimant with a person who is not a member of |
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| his or her household,
the amount of property taxes accrued used |
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| in computing the amount of grant
to which he or she is entitled |
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| shall be the same percentage of property
taxes accrued as is |
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| the percentage of ownership held by the claimant in the
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| residence.
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| (e) More than one residence. If a claimant has occupied |
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| more than
one residence in the taxable year, he or she may |
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| claim only one residence
for any part of a month. In the case |
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| of property taxes accrued, he or she
shall prorate 1/12 of the |
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| total property taxes accrued on
his or her residence to each |
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| month that he or she owned and occupied
that residence; and, in |
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| the case of rent constituting property taxes accrued,
shall |
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| prorate each month's rent payments to the residence
actually |
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| occupied during that month.
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| (f) There is hereby established a program of pharmaceutical |
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| assistance
to the aged and disabled which shall be administered |
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| by the Department in
accordance with this Act, to consist of |
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| payments to authorized pharmacies, on
behalf of beneficiaries |
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| of the program, for the reasonable costs of covered
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| prescription drugs. Each beneficiary who pays $5 for an |
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| identification card
shall pay no additional prescription |
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| costs. Each beneficiary who pays $25 for
an identification card |
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| shall pay $3 per prescription. In addition, after a
beneficiary |
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| receives $2,000 in benefits during a State fiscal year, that
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| beneficiary shall also be charged 20% of the cost of each |
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| prescription for
which payments are made by the program during |
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| the remainder of the fiscal
year. To become a beneficiary under |
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| this program a person must: (1)
be (i) 65 years of age or |
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| older, or (ii) the surviving spouse of such
a claimant, who at |
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| the time of death received or was entitled to receive
benefits |
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| pursuant to this subsection, which surviving spouse will become |
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| 65
years of age within the 24 months immediately following the |
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| death of such
claimant and which surviving spouse but for his |
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| or her age is otherwise
qualified to receive benefits pursuant |
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| to this subsection, or (iii) disabled,
and (2) be domiciled in |
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| this State at the time he or she files
his or her claim, and (3) |
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| have a maximum household income of less
than the income |
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| eligibility limitation, as defined in subsection (a-5). In |
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| addition, each eligible person must (1) obtain an
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| identification card from the Department, (2) at the time the |
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| card is obtained,
sign a statement assigning to the State of |
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| Illinois benefits which may be
otherwise claimed under any |
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| private insurance plans, and (3) present the
identification |
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| card to the dispensing pharmacist.
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| The Department may adopt rules specifying
participation
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| requirements for the pharmaceutical assistance program, |
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| including copayment
amounts,
identification card fees, |
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| expenditure limits, and the benefit threshold after
which a 20% |
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| charge is imposed on the cost of each prescription, to be in
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| effect on and
after July 1, 2004.
Notwithstanding any other |
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| provision of this paragraph, however, the Department
may not
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| increase the identification card fee above the amount in effect |
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| on May 1, 2003
without
the express consent of the General |
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| Assembly.
To the extent practicable, those requirements shall |
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| be
commensurate
with the requirements provided in rules adopted |
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| by the Department of Healthcare and Family Services
to
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| implement the pharmacy assistance program under Section |
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| 5-5.12a of the Illinois
Public
Aid Code.
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| Whenever a generic equivalent for a covered prescription |
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| drug is available,
the Department shall reimburse only for the |
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| reasonable costs of the generic
equivalent, less the co-pay |
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| established in this Section, unless (i) the covered
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| prescription drug contains one or more ingredients defined as a |
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| narrow
therapeutic index drug at 21 CFR 320.33, (ii) the |
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| prescriber indicates on the
face of the prescription "brand |
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| medically necessary", and (iii) the prescriber
specifies that a |
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| substitution is not permitted. When issuing an oral
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| prescription for covered prescription medication described in |
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| item (i) of this
paragraph, the prescriber shall stipulate |
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| "brand medically necessary" and
that a substitution is not |
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| permitted. If the covered prescription drug and its
authorizing |
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| prescription do not meet the criteria listed above, the |
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| beneficiary
may purchase the non-generic equivalent of the |
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| covered prescription drug by
paying the difference between the |
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| generic cost and the non-generic cost plus
the beneficiary |
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| co-pay.
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| Any person otherwise eligible for pharmaceutical |
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| assistance under this
Act whose covered drugs are covered by |
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| any public program for assistance in
purchasing any covered |
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| prescription drugs shall be ineligible for assistance
under |
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| this Act to the extent such costs are covered by such other |
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| plan.
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| The fee to be charged by the Department for the |
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| identification card shall
be equal to $5 per coverage year for |
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| persons below the official poverty line
as defined by the |
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| United States Department of Health and Human Services and
$25 |
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| per coverage year for all other persons.
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| In the event that 2 or more persons are eligible for any |
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| benefit under
this Act, and are members of the same household, |
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| (1) each such person shall
be entitled to participate in the |
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| pharmaceutical assistance program, provided
that he or she |
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| meets all other requirements imposed by this subsection
and (2) |
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| each participating household member contributes the fee |
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| required
for that person by the preceding paragraph for the |
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| purpose
of obtaining an identification card. |
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| The provisions of this subsection (f), other than this |
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| paragraph, are inoperative after December 31, 2005. |
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| Beneficiaries who received benefits under the program |
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| established by this subsection (f) are not entitled, at the |
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| termination of the program, to any refund of the identification |
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| card fee paid under this subsection. |
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| (g) Effective January 1, 2006, there is hereby established |
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| a program of pharmaceutical assistance to the aged and |
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| disabled, entitled the Illinois Seniors and Disabled Drug |
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| Coverage Program, which shall be administered by the Department |
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| of Healthcare and Family Services and the Department on Aging |
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| in accordance with this subsection, to consist of coverage of |
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| specified prescription drugs on behalf of beneficiaries of the |
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| program as set forth in this subsection. The program under this |
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| subsection replaces and supersedes the program established |
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| under subsection (f), which shall end at midnight on December |
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| 31, 2005. |
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| To become a beneficiary under the program established under |
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| this subsection, a person must: |
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| (1) be (i) 65 years of age or older or (ii) disabled; |
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| and |
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| (2) be domiciled in this State; and |
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| (3) enroll with a qualified Medicare Part D |
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| Prescription Drug Plan if eligible and apply for all |
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| available subsidies under Medicare Part D; and |
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| (4) meet the income eligibility limitation set forth in |
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| subsection (a-5) of this Section have a maximum household |
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| income of (i) less than $21,218 for a household containing |
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| one person, (ii) less than $28,480 for a household |
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| containing 2 persons, or (iii) less than $35,740 for a |
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| household containing 3 or more persons. If the any income |
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| eligibility limitation limit set forth in subsection (a-5) |
| 10 |
| items (i) through (iii) is less than 200% of the Federal |
| 11 |
| Poverty Level for any year, the income eligibility |
| 12 |
| limitation limit for that year for households of that size |
| 13 |
| shall be income equal to or less than 200% of the Federal |
| 14 |
| Poverty Level. |
| 15 |
| All individuals enrolled as of December 31, 2005, in the |
| 16 |
| pharmaceutical assistance program operated pursuant to |
| 17 |
| subsection (f) of this Section and all individuals enrolled as |
| 18 |
| of December 31, 2005, in the SeniorCare Medicaid waiver program |
| 19 |
| operated pursuant to Section 5-5.12a of the Illinois Public Aid |
| 20 |
| Code shall be automatically enrolled in the program established |
| 21 |
| by this subsection for the first year of operation without the |
| 22 |
| need for further application, except that they must apply for |
| 23 |
| Medicare Part D and the Low Income Subsidy under Medicare Part |
| 24 |
| D. A person enrolled in the pharmaceutical assistance program |
| 25 |
| operated pursuant to subsection (f) of this Section as of |
| 26 |
| December 31, 2005, shall not lose eligibility in future years |
|
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| due only to the fact that they have not reached the age of 65. |
| 2 |
| To the extent permitted by federal law, the Department may |
| 3 |
| act as an authorized representative of a beneficiary in order |
| 4 |
| to enroll the beneficiary in a Medicare Part D Prescription |
| 5 |
| Drug Plan if the beneficiary has failed to choose a plan and, |
| 6 |
| where possible, to enroll beneficiaries in the low-income |
| 7 |
| subsidy program under Medicare Part D or assist them in |
| 8 |
| enrolling in that program. |
| 9 |
| Beneficiaries under the program established under this |
| 10 |
| subsection shall be divided into the following 5 eligibility |
| 11 |
| groups: |
| 12 |
| (A) Eligibility Group 1 shall consist of beneficiaries |
| 13 |
| who are not eligible for Medicare Part D coverage and who
|
| 14 |
| are: |
| 15 |
| (i) disabled and under age 65; or |
| 16 |
| (ii) age 65 or older, with incomes over 200% of the |
| 17 |
| Federal Poverty Level; or |
| 18 |
| (iii) age 65 or older, with incomes at or below |
| 19 |
| 200% of the Federal Poverty Level and not eligible for |
| 20 |
| federally funded means-tested benefits due to |
| 21 |
| immigration status. |
| 22 |
| (B) Eligibility Group 2 shall consist of beneficiaries |
| 23 |
| otherwise described in Eligibility Group 1 but who are |
| 24 |
| eligible for Medicare Part D coverage. |
| 25 |
| (C) Eligibility Group 3 shall consist of beneficiaries |
| 26 |
| age 65 or older, with incomes at or below 200% of the |
|
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| 1 |
| Federal Poverty Level, who are not barred from receiving |
| 2 |
| federally funded means-tested benefits due to immigration |
| 3 |
| status and are eligible for Medicare Part D coverage. |
| 4 |
| (D) Eligibility Group 4 shall consist of beneficiaries |
| 5 |
| age 65 or older, with incomes at or below 200% of the |
| 6 |
| Federal Poverty Level, who are not barred from receiving |
| 7 |
| federally funded means-tested benefits due to immigration |
| 8 |
| status and are not eligible for Medicare Part D coverage. |
| 9 |
| If the State applies and receives federal approval for |
| 10 |
| a waiver under Title XIX of the Social Security Act, |
| 11 |
| persons in Eligibility Group 4 shall continue to receive |
| 12 |
| benefits through the approved waiver, and Eligibility |
| 13 |
| Group 4 may be expanded to include disabled persons under |
| 14 |
| age 65 with incomes under 200% of the Federal Poverty Level |
| 15 |
| who are not eligible for Medicare and who are not barred |
| 16 |
| from receiving federally funded means-tested benefits due |
| 17 |
| to immigration status. |
| 18 |
| (E) On and after January 1, 2007, Eligibility Group 5 |
| 19 |
| shall consist of beneficiaries who are otherwise described |
| 20 |
| in Eligibility Groups 2 and 3 who have a diagnosis of HIV |
| 21 |
| or AIDS.
|
| 22 |
| The program established under this subsection shall cover |
| 23 |
| the cost of covered prescription drugs in excess of the |
| 24 |
| beneficiary cost-sharing amounts set forth in this paragraph |
| 25 |
| that are not covered by Medicare. In 2006, beneficiaries shall |
| 26 |
| pay a co-payment of $2 for each prescription of a generic drug |
|
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| and $5 for each prescription of a brand-name drug. In future |
| 2 |
| years, beneficiaries shall pay co-payments equal to the |
| 3 |
| co-payments required under Medicare Part D for "other |
| 4 |
| low-income subsidy eligible individuals" pursuant to 42 CFR |
| 5 |
| 423.782(b). For individuals in Eligibility Groups 1, 2, 3, and |
| 6 |
| 4, once the program established under this subsection and |
| 7 |
| Medicare combined have paid $1,750 in a year for covered |
| 8 |
| prescription drugs, the beneficiary shall pay 20% of the cost |
| 9 |
| of each prescription in addition to the co-payments set forth |
| 10 |
| in this paragraph. For individuals in Eligibility Group 5, once |
| 11 |
| the program established under this subsection and Medicare |
| 12 |
| combined have paid $1,750 in a year for covered prescription |
| 13 |
| drugs, the beneficiary shall pay 20% of the cost of each |
| 14 |
| prescription in addition to the co-payments set forth in this |
| 15 |
| paragraph unless the drug is included in the formulary of the |
| 16 |
| Illinois AIDS Drug Assistance Program operated by the Illinois |
| 17 |
| Department of Public Health. If the drug is included in the |
| 18 |
| formulary of the Illinois AIDS Drug Assistance Program, |
| 19 |
| individuals in Eligibility Group 5 shall continue to pay the |
| 20 |
| co-payments set forth in this paragraph after the program |
| 21 |
| established under this subsection and Medicare combined have |
| 22 |
| paid $1,750 in a year for covered prescription drugs.
|
| 23 |
| For beneficiaries eligible for Medicare Part D coverage, |
| 24 |
| the program established under this subsection shall pay 100% of |
| 25 |
| the premiums charged by a qualified Medicare Part D |
| 26 |
| Prescription Drug Plan for Medicare Part D basic prescription |
|
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| 1 |
| drug coverage, not including any late enrollment penalties. |
| 2 |
| Qualified Medicare Part D Prescription Drug Plans may be |
| 3 |
| limited by the Department of Healthcare and Family Services to |
| 4 |
| those plans that sign a coordination agreement with the |
| 5 |
| Department. |
| 6 |
| Notwithstanding Section 3.15, for purposes of the program |
| 7 |
| established under this subsection, the term "covered |
| 8 |
| prescription drug" has the following meanings: |
| 9 |
| For Eligibility Group 1, "covered prescription drug" |
| 10 |
| means: (1) any cardiovascular agent or drug; (2) any |
| 11 |
| insulin or other prescription drug used in the treatment of |
| 12 |
| diabetes, including syringe and needles used to administer |
| 13 |
| the insulin; (3) any prescription drug used in the |
| 14 |
| treatment of arthritis; (4) any prescription drug used in |
| 15 |
| the treatment of cancer; (5) any prescription drug used in |
| 16 |
| the treatment of Alzheimer's disease; (6) any prescription |
| 17 |
| drug used in the treatment of Parkinson's disease; (7) any |
| 18 |
| prescription drug used in the treatment of glaucoma; (8) |
| 19 |
| any prescription drug used in the treatment of lung disease |
| 20 |
| and smoking-related illnesses; (9) any prescription drug |
| 21 |
| used in the treatment of osteoporosis; and (10) any |
| 22 |
| prescription drug used in the treatment of multiple |
| 23 |
| sclerosis. The Department may add additional therapeutic |
| 24 |
| classes by rule. The Department may adopt a preferred drug |
| 25 |
| list within any of the classes of drugs described in items |
| 26 |
| (1) through (10) of this paragraph. The specific drugs or |
|
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| 1 |
| therapeutic classes of covered prescription drugs shall be |
| 2 |
| indicated by rule. |
| 3 |
| For Eligibility Group 2, "covered prescription drug" |
| 4 |
| means those drugs covered for Eligibility Group 1 that are |
| 5 |
| also covered by the Medicare Part D Prescription Drug Plan |
| 6 |
| in which the beneficiary is enrolled. |
| 7 |
| For Eligibility Group 3, "covered prescription drug" |
| 8 |
| means those drugs covered by the Medicare Part D |
| 9 |
| Prescription Drug Plan in which the beneficiary is |
| 10 |
| enrolled. |
| 11 |
| For Eligibility Group 4, "covered prescription drug" |
| 12 |
| means those drugs covered by the Medical Assistance Program |
| 13 |
| under Article V of the Illinois Public Aid Code. |
| 14 |
| For Eligibility Group 5, for individuals otherwise |
| 15 |
| described in Eligibility Group 2, "covered prescription |
| 16 |
| drug" means:
(1) those drugs covered for Eligibility Group |
| 17 |
| 2 that are also covered by the Medicare Part D Prescription |
| 18 |
| Drug Plan in which the beneficiary is enrolled; and
(2) |
| 19 |
| those drugs included in the formulary of the Illinois AIDS |
| 20 |
| Drug Assistance Program operated by the Illinois |
| 21 |
| Department of Public Health that are also covered by the |
| 22 |
| Medicare Part D Prescription Drug Plan in which the |
| 23 |
| beneficiary is enrolled.
For Eligibility Group 5, for |
| 24 |
| individuals otherwise described in Eligibility Group 3, |
| 25 |
| "covered prescription drug" means those drugs covered by |
| 26 |
| the Medicare Part D Prescription Drug Plan in which the |
|
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| 1 |
| beneficiary is enrolled. |
| 2 |
| An individual in Eligibility Group 1, 2, 3, 4, or 5 may opt |
| 3 |
| to receive a $25 monthly payment in lieu of the direct coverage |
| 4 |
| described in this subsection. |
| 5 |
| Any person otherwise eligible for pharmaceutical |
| 6 |
| assistance under this subsection whose covered drugs are |
| 7 |
| covered by any public program is ineligible for assistance |
| 8 |
| under this subsection to the extent that the cost of those |
| 9 |
| drugs is covered by the other program. |
| 10 |
| The Department of Healthcare and Family Services shall |
| 11 |
| establish by rule the methods by which it will provide for the |
| 12 |
| coverage called for in this subsection. Those methods may |
| 13 |
| include direct reimbursement to pharmacies or the payment of a |
| 14 |
| capitated amount to Medicare Part D Prescription Drug Plans. |
| 15 |
| For a pharmacy to be reimbursed under the program |
| 16 |
| established under this subsection, it must comply with rules |
| 17 |
| adopted by the Department of Healthcare and Family Services |
| 18 |
| regarding coordination of benefits with Medicare Part D |
| 19 |
| Prescription Drug Plans. A pharmacy may not charge a |
| 20 |
| Medicare-enrolled beneficiary of the program established under |
| 21 |
| this subsection more for a covered prescription drug than the |
| 22 |
| appropriate Medicare cost-sharing less any payment from or on |
| 23 |
| behalf of the Department of Healthcare and Family Services. |
| 24 |
| The Department of Healthcare and Family Services or the |
| 25 |
| Department on Aging, as appropriate, may adopt rules regarding |
| 26 |
| applications, counting of income, proof of Medicare status, |
|
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| 1 |
| mandatory generic policies, and pharmacy reimbursement rates |
| 2 |
| and any other rules necessary for the cost-efficient operation |
| 3 |
| of the program established under this subsection.
|
| 4 |
| (h) There is hereby established a program to provide public |
| 5 |
| transportation without charge on any fixed route in the State, |
| 6 |
| which shall be administered by the Department in accordance |
| 7 |
| with this Act. To become a beneficiary under this program a |
| 8 |
| person must: (1) be (i) 65 years of age or older, or (ii) the |
| 9 |
| surviving spouse of such a claimant, who at the time of death |
| 10 |
| received or was entitled to receive benefits pursuant to this |
| 11 |
| subsection, which surviving spouse will become 65 years of age |
| 12 |
| within the 24 months immediately following the death of such |
| 13 |
| claimant and which surviving spouse but for his or her age is |
| 14 |
| otherwise qualified to receive benefits pursuant to this |
| 15 |
| subsection, or (iii) disabled, and (2) be domiciled in this |
| 16 |
| State at the time he or she files his or her claim, and (3) meet |
| 17 |
| the income eligibility limitation as set forth in subsection |
| 18 |
| (a-5) of this Section. Once eligibility has been established, |
| 19 |
| the Department must send a document indicating the |
| 20 |
| beneficiary's eligibility for this program. The document, |
| 21 |
| along with a state-issued photo identification card, shall |
| 22 |
| serve as proof of eligibility. Within 60 days after the |
| 23 |
| effective date of this amendatory Act of the 95th General |
| 24 |
| Assembly, the Department must send the document to all eligible |
| 25 |
| recipients of the program for the current claim year. |
| 26 |
| (Source: P.A. 94-86, eff. 1-1-06; 94-909, eff. 6-23-06; 95-208, |
|
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LRB095 08811 RCE 44850 a |
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|
| 1 |
| eff. 8-16-07; 95-644, eff. 10-12-07; revised 10-25-07.)
|
| 2 |
| (320 ILCS 25/8a) (from Ch. 67 1/2, par. 408.1)
|
| 3 |
| Sec. 8a. Confidentiality.
|
| 4 |
| (a) Except as otherwise provided in this Act all
|
| 5 |
| information received by the Department from claims filed under |
| 6 |
| this Act, or
from any investigation conducted under the |
| 7 |
| provisions
of this Act, shall be confidential, except for |
| 8 |
| official purposes within
the Department or pursuant to official
|
| 9 |
| procedures for collection of any State tax or enforcement of |
| 10 |
| any civil or
criminal penalty or sanction imposed
by this Act |
| 11 |
| or by any statute imposing a State tax, and any person who |
| 12 |
| divulges
any such information in any
manner, except for such |
| 13 |
| purposes and pursuant to order of the Director or
in accordance |
| 14 |
| with a proper judicial order, shall be guilty of a Class A
|
| 15 |
| misdemeanor.
|
| 16 |
| (b) Nothing contained in this Act shall prevent the |
| 17 |
| Director from publishing
or making available reasonable |
| 18 |
| statistics concerning the operation of the
grant programs |
| 19 |
| contained in this Act wherein the contents
of claims are |
| 20 |
| grouped into aggregates in such a way that information |
| 21 |
| contained
in any individual claim shall not be disclosed.
|
| 22 |
| (c) The Department shall furnish to the Secretary of State |
| 23 |
| such
information as is reasonably necessary for the |
| 24 |
| administration of reduced
vehicle registration fees pursuant |
| 25 |
| to Section 3-806.3 of "The Illinois Vehicle
Code".
|
|
|
|
09500SB1409ham001 |
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LRB095 08811 RCE 44850 a |
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|
| 1 |
| (d) The Department shall furnish to any transit agency in |
| 2 |
| the State such information as is reasonably necessary for the |
| 3 |
| administration of the transit program pursuant to Section 4(h) |
| 4 |
| of this Act. |
| 5 |
| (Source: P.A. 89-399, eff. 8-20-95.)
|
| 6 |
| (320 ILCS 25/13) (from Ch. 67 1/2, par. 413)
|
| 7 |
| Sec. 13. The Department on Aging of Revenue shall maintain |
| 8 |
| a list of all
persons who have qualified under this Act and |
| 9 |
| shall make the list
available to municipalities upon request.
|
| 10 |
| All information received by a municipality under this |
| 11 |
| Section
shall be confidential, except for official purposes, |
| 12 |
| and any
person who divulges or uses that information in any |
| 13 |
| manner,
except in accordance with a proper judicial order, |
| 14 |
| shall be
guilty of a Class B misdemeanor.
|
| 15 |
| (Source: P.A. 87-247.)
|
| 16 |
| (320 ILCS 25/14 new) |
| 17 |
| Sec. 14. Annual report. On or before March 1, 2009, and |
| 18 |
| each March 1 thereafter, the Department shall file with the |
| 19 |
| Governor and the General Assembly: (A) a statistical report for |
| 20 |
| the previous calendar year (i) concerning the utilization of |
| 21 |
| all benefits provided under this Act and also (ii) concerning |
| 22 |
| the number of applicants, the number of eligible beneficiaries, |
| 23 |
| the number of transit participants or districts, and the |
| 24 |
| utilization of the program to provide free public |