86 Ill. Adm. Code 5300.530.117
Claim Filing Procedures
Section 530
TITLE 86: REVENUE
CHAPTER I: DEPARTMENT OF REVENUE
PART 530 SENIOR CITIZENS AND DISABLED PERSONS PROPERTY TAX RELIEF AND PHARMACEUTICAL ASSISTANCE ACT
SECTION 530.117 CLAIM FILING PROCEDURES
Section 530.117 Claim Filing
Procedures
a) Pharmaceutical Assistance Claims
1)
A claim for pharmaceutical assistance benefits under the
Act must be filed on the appropriate
paper or electronic
forms
approved by the Department in a timely manner.
The claim must be filed
after January 1 but on or before December 31 of the calendar year following the
claim year
as evidenced by the postmark on metered and posted claims, or
the date-stamp of receipt on hand-delivered claims at the Department or its
regional offices, or the transmission date to confirm receipt of facsimile
claims and electronic applications filed with the Department via the Internet.
[320 ILCS 25/5(a)]
2)
Only one applicant may file a claim for each household for
a claim year. If more than one person in a household and, for the 2000 claim
year and later claim years, any additional resident, is eligible to file a
claim under the Act, they must agree as to which of them will file the claim
for the claim year as the claimant and the other person or additional resident
must sign the claim as an applicant.
[320 ILCS 25/5(c)]
3) An applicant must submit proof of his or her eligibility
qualifications as set forth in Section 530.115.
A) Examples of proof of date of birth include:
i) a baptismal record; or
ii) a birth certificate; or
iii) a driver's license; or
iv) an identification card from the Secretary of State's office;
or
v) an insurance policy; or
vi) naturalization papers; or
vii) a passport.
B) Examples of proof of disability include:
i)
proof that an applicant is eligible to receive disability
benefits under the federal Social Security Act of 1935
(see 42 USC 423); or
ii)
issuance of an Illinois Disabled Person Identification
Card stating that an applicant is under a Class 2 disability, as defined in
Section 4A of the Illinois Identification Card Act
[15 ILCS 335/4A]; or
iii)
status of applicant as a disabled person determined by a
physician designated by the Department using the same standards as used by the
Social Security Administration with the costs of any required examination paid
by the applicant
(see 42 USC 423)
; or
iv) receipt by applicant of Railroad (see 45 USC 231), Civil
Service, or Veterans' total disability benefits (see 38 USC 101). [320 ILCS
25/3.14]
4) For the 2000 claim year and thereafter, an applicant may
request that projected income for the coverage year be used as current income
in determining eligibility at the time a claim is filed if projected income for
the coverage year will be lower than current income for the claim year. The
claim must be filed in a timely manner and the request must include an itemized
listing of current income for the claim year and projected income for the
coverage year, together with documentation for the lost sources of income used
in calculating projected income. The Department will allow such a request and
use projected income as current income in processing the claim if its use will
enable an applicant to qualify for this program. (See 320 ILCS 25/5(e).)
b) Amended Pharmaceutical Assistance Claims
1) For the 2000 claim year and thereafter, an applicant whose
claim has been denied for exceeding maximum household income eligibility
qualifications may file an amended claim requesting use of projected income for
the coverage year as current income for the claim year in re-determining
eligibility if projected income for the coverage year will be lower than
current income for the claim year. The amended claim must be filed in a timely
manner and the request must include an itemized listing of current income for
the claim year and projected income for the coverage year, together with
documentation for the lost sources of income used in calculating projected
income. The Department will allow such a request and use projected income as
current income in processing the amended claim if its use will enable an
applicant to qualify for this program. (See 320 ILCS 25/5(e).)
2) For the 2000 claim year and thereafter, a beneficiary whose
claim has been approved may file an amended claim requesting use of projected
income for the coverage year as current income for the claim year in
re-determining the co-payment for covered prescription drugs if projected
income for the coverage year will be lower than current income for the claim
year. The amended claim must be filed in a timely manner and the request must
include an itemized listing of current income for the claim year and projected
income for the coverage year, together with documentation for the lost sources
of income used in calculating projected income. The Department will allow such
a request and use projected income as current income in processing the amended
claim if its use will enable a beneficiary to qualify for a lower co-payment
for covered prescription drugs. (See 320 ILCS 25/5(e).)
3) Amended claims for pharmaceutical assistance benefits must be
filed on the appropriate paper forms approved by the Department prior to the
expiration of the coverage year for the claim year at issue.
4) For the 2000 claim year and later claim years, in the event
that a beneficiary has been issued a card for the coverage year and an amended
claim using projected income as current income is processed and approved
subsequently by the Department, the amount of the co-payment will be reduced
accordingly at the beginning of the next qualifying month of coverage. There
will be no change in the fee that has already been paid for a card.
c) Refunds
A beneficiary
may submit a written request prior to the expiration of the coverage year for a
refund of the card fee if pharmaceutical assistance benefits have not been
used.
d) Appeal Rights
1)
Any applicant or beneficiary aggrieved by action of the
Department under the Act, whether in the denial of a claim or amended claim,
or in the determination of the fee for a card or the amount of a deductible,
co-payment, or ancillary charge,
may request in writing that the Department
reconsider its action, setting out the facts on which the request is based. The
Department will consider the request and either affirm or modify its action.
[320 ILCS 25/7(c)]
2)
The decision of the Department to affirm its action, or the
failure of the Department to act on a request for reconsideration within 60
days, is a final administrative decision that is subject to judicial review
under the
Administrative Review Law [735 ILCS 5/Art. III]. [320 ILCS
25/7(d)]