SR CITIZEN INCOME ELIGIBILITY

Illinois General Assembly - Full Text of HB4157

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HB4157 - 104th General Assembly

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HB4157 Engrossed
LRB104 15504 KTG 28667 b
1

AN ACT concerning aging.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Senior Citizens and Persons with
5
Disabilities Property Tax Relief Act is amended by changing
6
Section 4 as follows:

7

(320 ILCS 25/4)

(from Ch. 67 1/2, par. 404)
8

Sec. 4.
Amount of Grant.
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
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
18
person with a disability whose annual household income is less
19
than the income eligibility limitation, as defined in
20
subsection (a-5) and whose household is liable for payment of
21
property taxes accrued or has paid rent constituting property
22
taxes accrued and is domiciled in this State at the time he or
23
she files his or her claim is entitled to claim a grant under

HB4157 Engrossed
- 2 -
LRB104 15504 KTG 28667 b
1
this Act. With respect to claims filed by individuals who will
2
become 65 years old during the calendar year in which a claim
3
is filed, the amount of any grant to which that household is
4
entitled shall be an amount equal to 1/12 of the amount to
5
which the claimant would otherwise be entitled as provided in
6
this Section, multiplied by the number of months in which the
7
claimant was 65 in the calendar year in which the claim is
8
filed.
9

(a-5) Income eligibility limitation. For purposes of this
10
Section, "income eligibility limitation" means
an amount for
11
grant years 2008 through 2019
:
12

(1) less than $22,218 for a household containing one
13

person;
14

(2) less than $29,480 for a household containing 2
15

persons; or
16

(3) less than $36,740 for a household containing 3 or
17

more persons.
18

For grant years 2020
through 2026

and thereafter
:
19

(A)

(1)
less than $33,562 for a household
20

containing one person;
21

(B)

(2)
less than $44,533 for a household
22

containing 2 persons; or
23

(C)

(3)
less than $55,500 for a household
24

containing 3 or more persons.
25

For grant years 2027 and 2028, the income eligibility
26
limitation amounts shall be increased by an amount equal to

HB4157 Engrossed
- 3 -
LRB104 15504 KTG 28667 b
1
the percentage increase of the cost-of-living adjustment
2
issued by the Social Security Administration. The Department
3
on Aging shall determine the dates upon which the new adjusted
4
amounts take effect and shall publish the adjusted amounts on
5
its website.

6

For 2009 claim year applications submitted during calendar
7
year 2010, a household must have annual household income of
8
less than $27,610 for a household containing one person; less
9
than $36,635 for a household containing 2 persons; or less
10
than $45,657 for a household containing 3 or more persons.
11

The Department on Aging may adopt rules such that on
12
January 1, 2011, and thereafter, the foregoing household
13
income eligibility limits may be changed to reflect the annual
14
cost of living adjustment in Social Security and Supplemental
15
Security Income benefits that are applicable to the year for
16
which those benefits are being reported as income on an
17
application.
18

If a person files as a surviving spouse, then only his or
19
her income shall be counted in determining his or her
20
household income.
21

(b) Limitation. Except as otherwise provided in
22
subsections (a) and (f) of this Section, the maximum amount of
23
grant which a claimant is entitled to claim is the amount by
24
which the property taxes accrued which were paid or payable
25
during the last preceding tax year or rent constituting
26
property taxes accrued upon the claimant's residence for the

HB4157 Engrossed
- 4 -
LRB104 15504 KTG 28667 b
1
last preceding taxable year exceeds 3 1/2% of the claimant's
2
household income for that year but in no event is the grant to
3
exceed (i) $700 less 4.5% of household income for that year for
4
those with a household income of $14,000 or less or (ii) $70 if
5
household income for that year is more than $14,000.
6

(c) Public aid recipients. If household income in one or
7
more months during a year includes cash assistance in excess
8
of $55 per month from the Department of Healthcare and Family
9
Services or the Department of Human Services (acting as
10
successor to the Department of Public Aid under the Department
11
of Human Services Act) which was determined under regulations
12
of that Department on a measure of need that included an
13
allowance for actual rent or property taxes paid by the
14
recipient of that assistance, the amount of grant to which
15
that household is entitled, except as otherwise provided in
16
subsection (a), shall be the product of (1) the maximum amount
17
computed as specified in subsection (b) of this Section and
18
(2) the ratio of the number of months in which household income
19
did not include such cash assistance over $55 to the number
20
twelve. If household income did not include such cash
21
assistance over $55 for any months during the year, the amount
22
of the grant to which the household is entitled shall be the
23
maximum amount computed as specified in subsection (b) of this
24
Section. For purposes of this paragraph (c), "cash assistance"
25
does not include any amount received under the federal
26
Supplemental Security Income (SSI) program.

HB4157 Engrossed
- 5 -
LRB104 15504 KTG 28667 b
1

(d) Joint ownership. If title to the residence is held
2
jointly by the claimant with a person who is not a member of
3
his or her household, the amount of property taxes accrued
4
used in computing the amount of grant to which he or she is
5
entitled shall be the same percentage of property taxes
6
accrued as is the percentage of ownership held by the claimant
7
in the residence.
8

(e) More than one residence. If a claimant has occupied
9
more than one residence in the taxable year, he or she may
10
claim only one residence for any part of a month. In the case
11
of property taxes accrued, he or she shall prorate 1/12 of the
12
total property taxes accrued on his or her residence to each
13
month that he or she owned and occupied that residence; and, in
14
the case of rent constituting property taxes accrued, shall
15
prorate each month's rent payments to the residence actually
16
occupied during that month.
17

(f) (Blank).
18

(g) Effective January 1, 2006, there is hereby established
19
a program of pharmaceutical assistance to the aged and to
20
persons with disabilities, entitled the Illinois Seniors and
21
Disabled Drug Coverage Program, which shall be administered by
22
the Department of Healthcare and Family Services and the
23
Department on Aging in accordance with this subsection, to
24
consist of coverage of specified prescription drugs on behalf
25
of beneficiaries of the program as set forth in this
26
subsection. Notwithstanding any provisions of this Act to the

HB4157 Engrossed
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LRB104 15504 KTG 28667 b
1
contrary, on and after July 1, 2012, pharmaceutical assistance
2
under this Act shall no longer be provided, and on July 1, 2012
3
the Illinois Senior Citizens and Disabled Persons
4
Pharmaceutical Assistance Program shall terminate. The
5
following provisions that concern the Illinois Senior Citizens
6
and Disabled Persons Pharmaceutical Assistance Program shall
7
continue to apply on and after July 1, 2012 to the extent
8
necessary to pursue any actions authorized by subsection (d)
9
of Section 9 of this Act with respect to acts which took place
10
prior to July 1, 2012.
11

To become a beneficiary under the program established
12
under this subsection, a person must:
13

(1) be (i) 65 years of age or older or (ii) a person
14

with a disability; and
15

(2) be domiciled in this State; and
16

(3) enroll with a qualified Medicare Part D
17

Prescription Drug Plan if eligible and apply for all
18

available subsidies under Medicare Part D; and
19

(4) for the 2006 and 2007 claim years, have a maximum
20

household income of (i) less than $21,218 for a household
21

containing one person, (ii) less than $28,480 for a
22

household containing 2 persons, or (iii) less than $35,740
23

for a household containing 3 or more persons; and
24

(5) for the 2008 claim year, have a maximum household
25

income of (i) less than $22,218 for a household containing
26

one person, (ii) $29,480 for a household containing 2

HB4157 Engrossed
- 7 -
LRB104 15504 KTG 28667 b
1

persons, or (iii) $36,740 for a household containing 3 or
2

more persons; and
3

(6) for 2009 claim year applications submitted during
4

calendar year 2010, have annual household income of less
5

than (i) $27,610 for a household containing one person;
6

(ii) less than $36,635 for a household containing 2
7

persons; or (iii) less than $45,657 for a household
8

containing 3 or more persons; and
9

(7) as of September 1, 2011, have a maximum household
10

income at or below 200% of the federal poverty level.
11

All individuals enrolled as of December 31, 2005, in the
12
pharmaceutical assistance program operated pursuant to
13
subsection (f) of this Section and all individuals enrolled as
14
of December 31, 2005, in the SeniorCare Medicaid waiver
15
program operated pursuant to Section 5-5.12a of the Illinois
16
Public Aid Code shall be automatically enrolled in the program
17
established by this subsection for the first year of operation
18
without the need for further application, except that they
19
must apply for Medicare Part D and the Low Income Subsidy under
20
Medicare Part D. A person enrolled in the pharmaceutical
21
assistance program operated pursuant to subsection (f) of this
22
Section as of December 31, 2005, shall not lose eligibility in
23
future years due only to the fact that they have not reached
24
the age of 65.
25

To the extent permitted by federal law, the Department may
26
act as an authorized representative of a beneficiary in order

HB4157 Engrossed
- 8 -
LRB104 15504 KTG 28667 b
1
to enroll the beneficiary in a Medicare Part D Prescription
2
Drug Plan if the beneficiary has failed to choose a plan and,
3
where possible, to enroll beneficiaries in the low-income
4
subsidy program under Medicare Part D or assist them in
5
enrolling in that program.
6

Beneficiaries under the program established under this
7
subsection shall be divided into the following 4 eligibility
8
groups:
9

(A) Eligibility Group 1 shall consist of beneficiaries
10

who are not eligible for Medicare Part D coverage and who
11

are:
12

(i) a person with a disability and under age 65; or
13

(ii) age 65 or older, with incomes over 200% of the
14

Federal Poverty Level; or
15

(iii) age 65 or older, with incomes at or below
16

200% of the Federal Poverty Level and not eligible for
17

federally funded means-tested benefits due to
18

immigration status.
19

(B) Eligibility Group 2 shall consist of beneficiaries
20

who are eligible for Medicare Part D coverage.
21

(C) Eligibility Group 3 shall consist of beneficiaries
22

age 65 or older, with incomes at or below 200% of the
23

Federal Poverty Level, who are not barred from receiving
24

federally funded means-tested benefits due to immigration
25

status and are not eligible for Medicare Part D coverage.
26

If the State applies and receives federal approval for

HB4157 Engrossed
- 9 -
LRB104 15504 KTG 28667 b
1

a waiver under Title XIX of the Social Security Act,
2

persons in Eligibility Group 3 shall continue to receive
3

benefits through the approved waiver, and Eligibility
4

Group 3 may be expanded to include persons with
5

disabilities who are under age 65 with incomes under 200%
6

of the Federal Poverty Level who are not eligible for
7

Medicare and who are not barred from receiving federally
8

funded means-tested benefits due to immigration status.
9

(D) Eligibility Group 4 shall consist of beneficiaries
10

who are otherwise described in Eligibility Group 2 who
11

have a diagnosis of HIV or AIDS.
12

The program established under this subsection shall cover
13
the cost of covered prescription drugs in excess of the
14
beneficiary cost-sharing amounts set forth in this paragraph
15
that are not covered by Medicare. The Department of Healthcare
16
and Family Services may establish by emergency rule changes in
17
cost-sharing necessary to conform the cost of the program to
18
the amounts appropriated for State fiscal year 2012 and future
19
fiscal years except that the 24-month limitation on the
20
adoption of emergency rules and the provisions of Sections
21
5-115 and 5-125 of the Illinois Administrative Procedure Act
22
shall not apply to rules adopted under this subsection (g).
23
The adoption of emergency rules authorized by this subsection
24
(g) shall be deemed to be necessary for the public interest,
25
safety, and welfare.
26

For purposes of the program established under this

HB4157 Engrossed
- 10 -
LRB104 15504 KTG 28667 b
1
subsection, the term "covered prescription drug" has the
2
following meanings:
3

For Eligibility Group 1, "covered prescription drug"
4

means: (1) any cardiovascular agent or drug; (2) any
5

insulin or other prescription drug used in the treatment
6

of diabetes, including syringe and needles used to
7

administer the insulin; (3) any prescription drug used in
8

the treatment of arthritis; (4) any prescription drug used
9

in the treatment of cancer; (5) any prescription drug used
10

in the treatment of Alzheimer's disease; (6) any
11

prescription drug used in the treatment of Parkinson's
12

disease; (7) any prescription drug used in the treatment
13

of glaucoma; (8) any prescription drug used in the
14

treatment of lung disease and smoking-related illnesses;
15

(9) any prescription drug used in the treatment of
16

osteoporosis; and (10) any prescription drug used in the
17

treatment of multiple sclerosis. The Department may add
18

additional therapeutic classes by rule. The Department may
19

adopt a preferred drug list within any of the classes of
20

drugs described in items (1) through (10) of this
21

paragraph. The specific drugs or therapeutic classes of
22

covered prescription drugs shall be indicated by rule.
23

For Eligibility Group 2, "covered prescription drug"
24

means those drugs covered by the Medicare Part D
25

Prescription Drug Plan in which the beneficiary is
26

enrolled.

HB4157 Engrossed
- 11 -
LRB104 15504 KTG 28667 b
1

For Eligibility Group 3, "covered prescription drug"
2

means those drugs covered by the Medical Assistance
3

Program under Article V of the Illinois Public Aid Code.
4

For Eligibility Group 4, "covered prescription drug"
5

means those drugs covered by the Medicare Part D
6

Prescription Drug Plan in which the beneficiary is
7

enrolled.
8

Any person otherwise eligible for pharmaceutical
9
assistance under this subsection whose covered drugs are
10
covered by any public program is ineligible for assistance
11
under this subsection to the extent that the cost of those
12
drugs is covered by the other program.
13

The Department of Healthcare and Family Services shall
14
establish by rule the methods by which it will provide for the
15
coverage called for in this subsection. Those methods may
16
include direct reimbursement to pharmacies or the payment of a
17
capitated amount to Medicare Part D Prescription Drug Plans.
18

For a pharmacy to be reimbursed under the program
19
established under this subsection, it must comply with rules
20
adopted by the Department of Healthcare and Family Services
21
regarding coordination of benefits with Medicare Part D
22
Prescription Drug Plans. A pharmacy may not charge a
23
Medicare-enrolled beneficiary of the program established under
24
this subsection more for a covered prescription drug than the
25
appropriate Medicare cost-sharing less any payment from or on
26
behalf of the Department of Healthcare and Family Services.

HB4157 Engrossed
- 12 -
LRB104 15504 KTG 28667 b
1

The Department of Healthcare and Family Services or the
2
Department on Aging, as appropriate, may adopt rules regarding
3
applications, counting of income, proof of Medicare status,
4
mandatory generic policies, and pharmacy reimbursement rates
5
and any other rules necessary for the cost-efficient operation
6
of the program established under this subsection.
7

(h) A qualified individual is not entitled to duplicate
8
benefits in a coverage period as a result of the changes made
9
by this amendatory Act of the 96th General Assembly.
10
(Source: P.A. 101-10, eff. 6-5-19.)

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