(305 ILCS 5/6-2.1) (from Ch. 23, par. 6-2.1)
Sec. 6-2.1.
Assets of homeless persons.
(a) For the purpose of assisting homeless persons in securing housing,
all assistance units that include a homeless person shall have an asset
disregard no less than that applicable to recipients of benefits under
Article 4 of this Code. For purposes of this Section, "homeless" or
"homeless person" means either of the following:
(1) An individual who lacks a fixed, regular, and |
| adequate nighttime residence; or
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(2) An individual who has a primary nighttime
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| residence that is any of the following:
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(A) A supervised publicly or privately operated
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| shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill).
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(B) An institution that provides a temporary
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| residence for individuals intended to be institutionalized.
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(C) A public or private place not designed for,
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| or ordinarily used as, a regular sleeping accommodation for human beings.
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(b) While the Illinois Department shall consider other indicia of
homelessness in determining whether a person is homeless, a letter from a
shelter provider stating that a person is homeless or residing in its
shelter shall create a rebuttable presumption that the person is homeless.
(Source: P.A. 87-1185.)
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(305 ILCS 5/6-11) (from Ch. 23, par. 6-11)
Sec. 6-11. General Assistance.
(a) Effective July 1, 1992, all State funded General Assistance and related
medical benefits shall be governed by this Section, provided that, notwithstanding any other provisions of this Code to the contrary, on and after July 1, 2012, the State shall not fund the programs outlined in this Section. Other parts of this Code
or other laws related to General Assistance shall remain in effect to the
extent they do not conflict with the provisions of this Section. If any other
part of this Code or other laws of this State conflict with the provisions of
this Section, the provisions of this Section shall control.
(b) General Assistance may consist of 2 separate
programs. One program shall be for adults with no children and shall be
known as Transitional Assistance. The other program may be for
families with children and for pregnant women and shall be known as
Family and Children Assistance.
(c) (1) To be eligible for Transitional Assistance on or after July
1, 1992, an individual must be ineligible for assistance under any other
Article of this Code, must be determined chronically needy, and must be one of
the following:
(A) age 18 or over or
(B) married and living with a spouse, regardless of |
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(2) The local governmental unit shall determine
whether individuals are chronically needy as follows:
(A) Individuals who have applied for Supplemental
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| Security Income (SSI) and are awaiting a decision on eligibility for SSI who are determined to be a person with a disability by the Illinois Department using the SSI standard shall be considered chronically needy, except that individuals whose disability is based solely on substance use disorders and whose disability would cease were their addictions to end shall be eligible only for medical assistance and shall not be eligible for cash assistance under the Transitional Assistance program.
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(B) (Blank).
(C) The unit of local government may specify other
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| categories of individuals as chronically needy; nothing in this Section, however, shall be deemed to require the inclusion of any specific category other than as specified in paragraph (A).
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(3) For individuals in Transitional Assistance, medical assistance may
be provided by the unit of local government in an amount and nature determined by the unit of local government. Nothing in this paragraph (3) shall be construed to require the coverage of
any particular medical service. In addition, the amount and nature of medical
assistance provided may be different for different categories of individuals
determined chronically needy.
(4) (Blank).
(5) (Blank).
(d) (1) To be eligible for Family and Children Assistance, a
family unit must be ineligible for assistance under any other Article of
this Code and must contain a child who is:
(A) under age 18 or
(B) age 18 and a full-time student in a secondary
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| school or the equivalent level of vocational or technical training, and who may reasonably be expected to complete the program before reaching age 19.
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Those children shall be eligible for Family and Children Assistance.
(2) The natural or adoptive parents of the child living in the same
household may be eligible for Family and Children Assistance.
(3) A pregnant woman whose pregnancy has been verified shall be
eligible for income maintenance assistance under the Family and
Children Assistance program.
(4) The amount and nature of medical assistance provided under the
Family and Children Assistance program shall be determined by the unit of local government. The amount and nature of medical
assistance provided
need not be the same as that provided under paragraph (3) of
subsection (c) of this Section, and nothing in this paragraph (4) shall be
construed to require the coverage of any particular medical service.
(5) (Blank).
(e) A local governmental unit that chooses to participate in a
General Assistance program under this Section shall provide
funding in accordance with Section 12-21.13 of this Act.
Local governmental funds used to qualify for State funding may only be
expended for clients eligible for assistance under this Section 6-11 and
related administrative expenses.
(f) (Blank).
(g) (Blank).
(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19 .)
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(305 ILCS 5/8A-2.5)
Sec. 8A-2.5. Unauthorized use of medical assistance.
(a) Any person who knowingly uses, acquires, possesses, or transfers a
medical card in any manner not authorized by law or by rules and regulations of
the Illinois Department, or who knowingly alters a medical card, or who
knowingly uses, acquires, possesses, or transfers an altered medical card, is
guilty of a violation of this Article and shall be punished as provided in
Section 8A-6.
(b) Any person who knowingly obtains unauthorized medical benefits or causes to be obtained unauthorized medical benefits with or
without use of a medical card is guilty of a violation of this Article and
shall be punished as provided in Section 8A-6.
(b-5) Any vendor that knowingly assists a person in committing a violation under subsection (a) or (b) of this Section is guilty of a violation of this Article and shall be punished as provided in Section 8A-6. (b-6) Any person (including a vendor, organization, agency, or other entity) that, in any matter related to the medical assistance program, knowingly or willfully falsifies, conceals, or omits by any trick, scheme, artifice, or device a material fact, or makes any false, fictitious, or fraudulent statement or representation, or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry in connection with the provision of health care or related services, is guilty of a violation of this Article and shall be punished as provided in Section 8A-6. (c) The Department may seek to recover any and all State and federal monies for which it has improperly and erroneously paid benefits as a result of a fraudulent action and any civil penalties authorized in this Section. Pursuant to Section 11-14.5 of this Code, the Department may determine the monetary value of benefits improperly and erroneously received. The Department may recover the monies paid for such benefits and interest on that amount at the rate of 5% per annum for the period from which payment was made to the date upon which repayment is made to the State. Prior to the recovery of any amount paid for benefits allegedly obtained by fraudulent means, the recipient or payee of such benefits shall be afforded an opportunity for a hearing after reasonable notice. The notice shall be served personally or by certified or registered mail or as otherwise provided by law upon the parties or their agents appointed to receive service of process and shall include the following: (1) A statement of the time, place and nature of the |
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(2) A statement of the legal authority and
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| jurisdiction under which the hearing is to be held.
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(3) A reference to the particular Sections of the
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| substantive and procedural statutes and rules involved.
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(4) Except where a more detailed statement is
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| otherwise provided for by law, a short and plain statement of the matters asserted, the consequences of a failure to respond, and the official file or other reference number.
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(5) A statement of the monetary value of the benefits
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| fraudulently received by the person accused.
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(6) A statement that, in addition to any other
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| penalties provided by law, a civil penalty in an amount not to exceed $2,000 may be imposed for each fraudulent claim for benefits or payments.
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(7) A statement providing that the determination of
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| the monetary value may be contested by petitioning the Department for an administrative hearing within 30 days from the date of mailing the notice.
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(8) The names and mailing addresses of the
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| administrative law judge, all parties, and all other persons to whom the agency gives notice of the hearing unless otherwise confidential by law.
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An opportunity shall be afforded all parties to be represented by legal counsel and to respond and present evidence and argument.
Unless precluded by law, disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.
Any final order, decision, or other determination made, issued or executed by the Director under the provisions of this Article whereby any person is aggrieved shall be subject to review in accordance with the provisions of the Administrative Review Law, and the rules adopted pursuant thereto, which shall apply to and govern all proceedings for the judicial review of final administrative decisions of the Director.
Upon entry of a final administrative decision for repayment of any benefits obtained by fraudulent means, or for any civil penalties assessed, a lien shall attach to all property and assets of such person, firm, corporation, association, agency, institution, vendor, or other legal entity until the judgment is satisfied.
Within 18 months of the effective date of this amendatory Act of the 96th General Assembly, the Department of Healthcare and Family Services will report to the General Assembly on the number of fraud cases identified and pursued, and the fines assessed and collected. The report will also include the Department's analysis as to the use of private sector resources to bring action, investigate, and collect monies owed.
(d) In subsections (a), (b), (b-5) and (b-6), "knowledge" has the meaning ascribed to that term in Section 4-5 of the Criminal Code of 2012. For any administrative action brought under subsection (c) pursuant to a violation of this Section, the Department shall define "knowing" by rule.
(Source: P.A. 97-23, eff. 1-1-12; 98-354, eff. 8-16-13.)
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(305 ILCS 5/8A-3) (from Ch. 23, par. 8A-3)
Sec. 8A-3.
Vendor Fraud and Kickbacks.
(a) Any person, firm, corporation,
association, agency, institution or other legal entity that willfully, by
means of a false statement or representation, or by concealment of any material
fact or by other fraudulent scheme or device on behalf of himself or others,
obtains or attempts to obtain benefits or payments under this Code to which
he or it is not entitled, or in a greater amount than that to which he or
it is entitled, is guilty of a violation of this Article and shall be punished
as provided in Section 8A-6.
(b) A person shall be guilty of a violation of this Article and shall
be punished as provided in Section 8A-6 if he solicits or receives any
remuneration, including any kickback,
bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind:
(1) in return for referring an individual to a person for the
furnishing or arranging for the furnishing of any item or service for which
payment may be made in whole or in part under this Code; or
(2) in return for purchasing, leasing, ordering, or arranging for or
recommending purchasing, leasing, or ordering any good, facility, service
or item for which payment may be made in whole or in part under this Code.
(c) A person shall be guilty of a violation of this Article and shall
be punished as provided in Section 8A-6 if he offers or pays any
remuneration, including any kickback,
bribe, or rebate, directly or indirectly, overtly or covertly, in cash or
in kind to any person to induce such person:
(1) to refer an individual to a person for the furnishing or arranging
for the furnishing of any item or service for which payment may be made in
whole or in part under this Code; or
(2) to purchase, lease, order, or arrange for or recommend purchasing,
leasing, or ordering any good, facility, service, or item for which payment
may be made in whole or in part under this Code.
(d) Subsections (b) and (c) shall not apply to:
(1) a discount or other reduction in price obtained by a provider of
services or other entity under this Code if the reduction in price is
properly disclosed and appropriately reflected in the costs claimed or
charges made by the provider or entity under this Code;
(2) any amount paid by an employer to an employee who has a bona fide
employment relationship with such employer for employment in the provision
of covered items or services; or
(3) any amount
paid to or received by a physician for professional
services rendered if a physician, pursuant to a bona fide contract with
a health maintenance organization, as defined by the Health
Maintenance Organization Act, has referred a patient to another physician
for rendering professional services not covered by the health maintenance
organization.
(Source: P.A. 85-818.)
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(305 ILCS 5/8A-6) (from Ch. 23, par. 8A-6)
Sec. 8A-6.
Classification of violations.
(a) Any person, firm, corporation,
association, agency, institution or other legal entity that has been found
by a court to have engaged in an act, practice or course of conduct declared
unlawful under Sections 8A-2 through 8A-5 or Section 8A-13 or 8A-14 where:
(1) the total amount of money involved in the |
| violation, including the monetary value of federal food stamps and the value of commodities, is less than $150, shall be guilty of a Class A misdemeanor;
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(2) the total amount of money involved in the
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| violation, including the monetary value of federal food stamps and the value of commodities, is $150 or more but less than $1,000, shall be guilty of a Class 4 felony;
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(3) the total amount of money involved in the
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| violation, including the monetary value of federal food stamps and the value of commodities, is $1,000 or more but less than $5,000, shall be guilty of a Class 3 felony;
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(4) the total amount of money involved in the
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| violation, including the monetary value of federal food stamps and the value of commodities, is $5,000 or more but less than $10,000, shall be guilty of a Class 2 felony; or
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(5) the total amount of money involved in the
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| violation, including the monetary value of federal food stamps and the value of commodities, is $10,000 or more, shall be guilty of a Class 1 felony and, notwithstanding the provisions of Section 8A-8 except for Subsection (c) of Section 8A-8, shall be ineligible for financial aid under this Article for a period of two years following conviction or until the total amount of money, including the value of federal food stamps, is repaid, whichever first occurs.
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(b) Any person, firm, corporation, association, agency, institution
or other legal entity that commits a subsequent violation of any of the
provisions of Sections 8A-2 through 8A-5 and:
(1) the total amount of money involved in the
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| subsequent violation, including the monetary value of federal food stamps and the value of commodities, is less than $150, shall be guilty of a Class 4 felony;
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(2) the total amount of money involved in the
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| subsequent violation, including the monetary value of federal food stamps and the value of commodities, is $150 or more but less than $1,000, shall be guilty of a Class 3 felony;
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(3) the total amount of money involved in the
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| subsequent violation, including the monetary value of federal food stamps and the value of commodities, is $1,000 or more but less than $5,000, shall be guilty of a Class 2 felony;
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(4) the total amount of money involved in the
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| subsequent violation, including the monetary value of federal food stamps and the value of commodities, is $5,000 or more but less than $10,000, shall be guilty of a Class 1 felony.
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(c) For purposes of determining the classification of offense under
this Section, all of the money received as a result of the unlawful act,
practice or course of conduct can be accumulated.
(Source: P.A. 90-538, eff. 12-1-97.)
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(305 ILCS 5/8A-7) (from Ch. 23, par. 8A-7) Sec. 8A-7. Civil remedies. (a) A person who receives financial aid by means of a false statement, willful misrepresentation or by his failure to notify the county department or local governmental unit, as the case may be, of a change in his status as required by Sections 11-18 and 11-19, for the purpose of preventing the denial, cancellation or suspension of his grant, or a variation in the amount thereof, or by other fraudulent device, or a person who knowingly aids or abets any person in obtaining financial aid for which he is not eligible, shall be answerable to the county department or the local governmental unit, as the case may be, for refunding the entire amount of aid received. If the refund is not made, it shall be recoverable in a civil action from the person who received the aid, or from anyone who willfully aided such person to obtain the aid. If an act which would be unlawful under Section 8A-2 is proven, the court may as a penalty assess an additional sum of money, not to exceed the entire amount of aid provided, against the recipient or against any person who willfully aided the recipient. If assessed, the penalty shall be included in any judgment entered for the aid received, and paid to the county department or the local governmental unit, as the case may be. Upon entry of the judgment a lien shall attach to all property and assets of such person until the judgment is satisfied. (b) Any person, firm, corporation, association, agency, institution or other legal entity, other than an individual recipient, that willfully, by means of a false statement or representation, or by concealment of any material fact or by other fraudulent scheme or device on behalf of himself or others, obtains or attempts to obtain benefits or payments under this Code to which he or it is not entitled, or in a greater amount than that to which he or it is entitled, shall be liable for repayment of any excess benefits or payments received and, in addition to any other penalties provided by law, civil penalties consisting of (1) the interest on the amount of excess benefits or payments at the maximum legal rate in effect on the date the payment was made to such person, firm, corporation, association, agency, institution or other legal entity for the period from the date upon which payment was made to the date upon which repayment is made to the State, (2) an amount not to exceed 3 times the amount of such excess benefits or payments, and (3) the sum of $2,000 for each excessive claim for benefits or payments. Upon entry of a judgment for repayment of any excess benefits or payments, or for any civil penalties assessed by the court, a lien shall attach to all property and assets of such person, firm, corporation, association, agency, institution or other legal entity until the judgment is satisfied. (c) Civil recoveries provided for in this Section may be recoverable in court proceedings initiated by the Attorney General or, in actions involving a local governmental unit, by the State's Attorney. (d) Any person who commits the offense of vendor fraud or recipient fraud as defined in Section 8A-2 and Section 8A-3 of this Article shall forfeit, according to the provisions of this subsection, any monies, profits or proceeds, and any interest or property which the sentencing court determines he has acquired or maintained, directly or indirectly, in whole or in part as a result of such offense. Such person shall also forfeit any interest in, securities of, claim against, or contractual right of any kind which affords him a source of influence over, any enterprise which he has established, operated, controlled, conducted, or participated in conducting, where his relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any thing or benefit which he has obtained or acquired through vendor fraud or recipient fraud. Proceedings instituted pursuant to this subsection shall be subject to and conducted in accordance with the following procedures: (1) The sentencing court shall, upon petition by the |
| Attorney General or State's Attorney at any time following sentencing, conduct a hearing to determine whether any property or property interest is subject to forfeiture under this subsection. At the forfeiture hearing the People shall have the burden of establishing, by a preponderance of the evidence, that the property or property interests are subject to such forfeiture.
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(2) In any action brought by the People of the State
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| of Illinois under this Section, in which any restraining order, injunction or prohibition or any other action in connection with any property or interest subject to forfeiture under this subsection is sought, the circuit court presiding over the trial of the person charged with recipient fraud or vendor fraud as defined in Sections 8A-2 or 8A-3 of this Article shall first determine whether there is probable cause to believe that the person so charged has committed the offense of recipient fraud or vendor fraud and whether the property or interest is subject to forfeiture under this subsection. To make such a determination, prior to entering any such order, the court shall conduct a hearing without a jury, at which the People shall establish that there is (i) probable cause that the person so charged has committed the offense of recipient fraud or vendor fraud and (ii) probable cause that any property or interest may be subject to forfeiture pursuant to this subsection. Such hearing may be conducted simultaneously with a preliminary hearing, if the prosecution is commenced by information or complaint, or by motion of the People at any stage in the proceedings. The court may accept a finding of probable cause at a preliminary hearing following the filing of an information charging the offense of recipient fraud or vendor fraud as defined in Sections 8A-2 or 8A-3 or the return of an indictment by a grand jury charging the offense of recipient fraud or vendor fraud as defined in Sections 8A-2 or 8A-3 of this Article as sufficient evidence of probable cause as provided in item (i) above. Upon such a finding, the circuit court shall enter such restraining order, injunction or prohibition, or shall take such other action in connection with any such property or other interest subject to forfeiture under this Act as is necessary to insure that such property is not removed from the jurisdiction of the court, concealed, destroyed or otherwise disposed of by the owner of that property or interest prior to a forfeiture hearing under this subsection. The Attorney General or State's Attorney shall file a certified copy of such restraining order, injunction or other prohibition with the recorder of deeds or registrar of titles of each county where any such property of the defendant may be located. No such injunction, restraining order or other prohibition shall affect the rights of any bonafide purchaser, mortgagee, judgement creditor or other lien holder arising prior to the date of such filing. The court may, at any time, upon verified petition by the defendant, conduct a hearing to determine whether all or portions of any such property or interest which the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, or prohibition or other action, should be released. The court may in its discretion release such property to the defendant for good cause shown.
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(3) Upon conviction of a person under this Article,
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| the court shall authorize the Director of the Illinois State Police to seize all property or other interest declared forfeited under this subsection upon such terms and conditions as the court shall deem proper.
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(4) The Director of the Illinois State Police is
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| authorized to sell all property forfeited and seized pursuant to this subsection, unless such property is required by law to be destroyed or is harmful to the public. After the deduction of all requisite expenses of administration and sale, the court shall order the Director to distribute to the Illinois Department an amount from the proceeds of the forfeited property, or monies forfeited or seized, which will satisfy any unsatisfied court order of restitution entered pursuant to a conviction under this Article. If the proceeds are less than the amount necessary to satisfy the order of restitution, the Director shall distribute to the Illinois Department the entire amount of the remaining proceeds. The Director shall distribute any remaining proceeds of such sale, along with any monies forfeited or seized, in accordance with the following schedules:
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(a) 25% shall be distributed to the unit of local
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| government whose officers or employees conducted the investigation into recipient fraud or vendor fraud and caused the arrest or arrests and prosecution leading to the forfeiture. Amounts distributed to units of local government shall be used solely for enforcement matters relating to detection, investigation or prosecution of recipient fraud or vendor fraud as defined in Section 8A-2 or 8A-3 of this Article. Where the investigation, arrest or arrests leading to the prosecution and forfeiture is undertaken solely by the Office of the Attorney General, the portion provided hereunder shall be paid into the Medicaid Fraud and Abuse Prevention Fund, which is hereby created in the State treasury. Monies from this fund shall be used by the Office of the Attorney General for the furtherance of enforcement matters relating to detection, investigation or prosecution of recipient fraud or vendor fraud. Monies directed to this fund shall be used in addition to, and not as a substitute for, funds annually appropriated to the Office of the Attorney General for medicaid fraud enforcement.
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(b) 25% shall be distributed to the county in
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| which the prosecution and petition for forfeiture resulting in the forfeiture was instituted, and deposited in a special fund in the county treasury and appropriated to the State's Attorney for use solely in enforcement matters relating to detection, investigation or prosecution of recipient fraud or vendor fraud; however, if the Attorney General brought the prosecution resulting in the forfeiture, the portion provided hereunder shall be paid into the Medicaid Fraud and Abuse Prevention Fund, to be used by the Medicaid Fraud Control Unit of the Office of the Attorney General for enforcement matters relating to detection, investigation or prosecution of recipient fraud or vendor fraud. Where the Attorney General and a State's Attorney have jointly participated in any portion of the proceedings, 12.5% shall be distributed to the county in which the prosecution resulting in the forfeiture was instituted, and used as specified herein, and 12.5% shall be paid into the Medicaid Fraud and Abuse Prevention Fund, and used as specified herein.
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(c) 50% shall be transmitted to the State
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| Treasurer for deposit in the General Revenue Fund.
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(Source: P.A. 102-538, eff. 8-20-21; 103-145, eff. 10-1-23 .)
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(305 ILCS 5/8A-7.1) (from Ch. 23, par. 8A-7.1)
Sec. 8A-7.1. The Director, upon making a
determination based upon information in the possession of the Illinois
Department, that continuation in practice of a licensed health care
professional would constitute an immediate danger to the public, shall submit
a written communication to the Director of Professional Regulation indicating
such determination and
additionally providing a complete summary of the information upon which
such determination is based, and recommending that the Director of
Professional Regulation immediately suspend such person's
license. All relevant evidence, or copies thereof, in the Illinois
Department's possession may also be submitted in conjunction with the written
communication. A copy of such written communication, which is exempt from
the copying and inspection provisions of the Freedom of Information Act,
shall at the time of submittal to the Director
of Professional Regulation
be simultaneously mailed to the last known business address of such licensed
health care professional by certified or registered postage, United States
Mail, return receipt requested. Any evidence, or copies thereof, which is
submitted in conjunction with the written communication is also exempt from
the copying and inspection provisions of the Freedom of Information Act.
The Director, upon making a determination based upon information in the
possession of the Illinois Department, that a licensed health care
professional is willfully committing fraud upon the Illinois Department's
medical assistance program, shall submit a written communication to the
Director of Professional Regulation indicating such
determination and additionally providing a complete summary of the
information upon which such determination is based. All relevant evidence,
or copies thereof, in the Illinois Department's possession may also be
submitted in conjunction with the written communication.
Upon receipt of such written communication, the Director of
Professional Regulation shall promptly investigate the
allegations contained in such written communication. A copy of such
written communication, which is exempt from the copying and inspection
provisions of the Freedom of Information Act, shall at the time of
submission to the Director of Professional Regulation,
be simultaneously mailed to the last known address of such licensed health
care professional by certified or registered postage, United States Mail,
return receipt requested. Any evidence, or copies thereof, which
is submitted in conjunction with the written communication is also exempt
from the copying and inspection provisions of the Freedom of Information Act.
For the purposes of this Section, "licensed health care professional"
means any person licensed under the Illinois Dental Practice Act, the Nurse Practice Act, the Medical Practice Act of 1987, the
Pharmacy Practice Act, the Podiatric Medical Practice Act of 1987,
or the Illinois Optometric Practice Act of 1987.
(Source: P.A. 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; 95-876, eff. 8-21-08.)
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(305 ILCS 5/8A-8) (from Ch. 23, par. 8A-8)
Sec. 8A-8.
Future Participation in the Public Assistance Program.
(a) Any person applying for public assistance under this Code who has been
found
guilty of a violation of this Article or of any law of the United States or
of any state which is substantially similar to Sections 8A-2 through 8A-5
for violations related to public assistance or medical assistance
programs of the kind provided under this Code and who has not been previously
convicted
for a violation of this Article or of any law of the United States or of any
state which is substantially similar to Sections 8A-2 through 8A-5
for violations related to public assistance or medical assistance
programs
of the kind provided under this Code shall have applications for public
assistance
under this Code reviewed by an administrative review board to determine
the person's eligibility and the need for administrative safeguards to prevent
any such further violations. The administrative review board shall be
composed of not less than two persons who are selected in accordance with
regulations of the Illinois Department or the local governmental unit. Hearings
conducted by the board shall:
(1) be of an informal nature, permitting the |
| applicant to attend at his option;
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(2) be open to the public, unless the applicant and
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| the administrative review board determine otherwise;
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(3) be subject to reasonable time and notification
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| requirements as determined by regulations of the Illinois Department or local governmental units; and
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(4) be held at a location convenient to the applicant.
At the hearing, the administrative review board may deny the application
based on an investigation of the person's eligibility, or the board may
appoint a substitute payee, require more frequent visits or consultations,
more frequent financial reports or require any other action to the extent
permitted by State and federal law and regulations. A decision by the
administrative review board to deny a person's application shall only be
based on the person's failure to qualify under the eligibility criteria
applicable to all applicants for the public assistance program in question.
Any decision by the administrative review board may be appealed pursuant to
the provisions of this Code. In no instance shall the administrative review
board delay the hearing or its decision beyond the time allowed under State
or federal law and regulations for determining an applicant's eligibility
for public assistance.
If the person has been determined eligible, the Illinois Department or
the local governmental unit may recoup prior payments obtained in violation
of this Article from the current cash assistance grants, unless such payments
have previously been repaid. The Illinois Department or the local governmental
unit, on a case by case basis, shall limit the amount deducted from the current
cash assistance grant so as not to cause undue hardship to the person.
(b) To the extent permitted under federal law, any person found
guilty of a first violation of this Article or of any law of the United
States
or
of any state which is substantially similar to Sections 8A-2 through 8A-5 for
violations related to public assistance or medical assistance programs of the
kind provided under this Code may be suspended from eligibility for public
aid under this Code. Any person found guilty of a second or subsequent
violation of this Article or of any law of the United States or of any state
which is substantially similar to Sections 8A-2 through 8A-5 for violations
related to public assistance or medical assistance programs of the kind
provided under this Code shall be ineligible for public aid under this
Code.
(c) In no instance shall this Section adversely affect the eligibility
of children who are in need of public aid under this Code, or the amount
of the grant received by such children. If a child's caretaker relative
is adversely affected by this Section, a substitute payee may be appointed
until the Illinois Department can determine, by rule, that the caretaker
relative can manage the public aid in the best interest of the child.
(d) Any person, firm, corporation, association, agency, institution or
other legal entity that has been convicted of a violation of this Article
shall be prohibited from participating as a vendor of goods or services
to recipients of public aid under this Code. Such prohibition shall extend
to any person with management responsibility in a firm, corporation,
association, agency, institution, or other legal entity that has been
convicted of any such violation and to an officer or person owning, either
directly or indirectly, 5% or more of the shares of stock or other
evidences of ownership in a corporation.
(e) Any employee of the Illinois Department, county department or local
governmental unit who has been found guilty of a violation of this Article
shall be terminated from employment.
(Source: P.A. 89-489, eff. 1-1-97; 90-725, eff. 8-7-98.)
|
(305 ILCS 5/8A-11) (from Ch. 23, par. 8A-11)
Sec. 8A-11. (a) No person shall:
(1) Knowingly charge a resident of a nursing home for |
| any services provided pursuant to Article V of the Illinois Public Aid Code, money or other consideration at a rate in excess of the rates established for covered services by the Illinois Department pursuant to Article V of the Illinois Public Aid Code; or
|
|
(2) Knowingly charge, solicit, accept or receive, in
|
| addition to any amount otherwise authorized or required to be paid pursuant to Article V of the Illinois Public Aid Code, any gift, money, donation or other consideration:
|
|
(i) As a precondition to admitting or expediting
|
| the admission of a recipient or applicant, pursuant to Article V of the Illinois Public Aid Code, to a long-term care facility as defined in Section 1-113 of the Nursing Home Care Act or a facility as defined in Section 1-113 of the ID/DD Community Care Act, Section 1-113 of the MC/DD Act, or Section 1-102 of the Specialized Mental Health Rehabilitation Act of 2013; and
|
|
(ii) As a requirement for the recipient's or
|
| applicant's continued stay in such facility when the cost of the services provided therein to the recipient is paid for, in whole or in part, pursuant to Article V of the Illinois Public Aid Code.
|
|
(b) Nothing herein shall prohibit a person from making a voluntary
contribution, gift or donation to a long-term care facility.
(c) This paragraph shall not apply to agreements to provide continuing
care or life care between a life care facility as defined by the Life
Care Facilities Act, and a person financially eligible for benefits pursuant to
Article V of the Illinois Public Aid Code.
(d) Any person who violates this Section shall be guilty of a business
offense and fined not less than $5,000 nor more than $25,000.
(e) "Person", as used in this Section, means an individual, corporation,
partnership, or unincorporated association.
(f) The State's Attorney of the county in which the facility is located
and the Attorney General shall be notified by the Illinois Department of
any alleged violations of this Section known to the Department.
(g) The Illinois Department shall adopt rules and regulations to carry
out the provisions of this Section.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
|
(305 ILCS 5/8A-13)
Sec. 8A-13. Managed health care fraud.
(a) As used in this Section, "health plan" means any of the following:
(1) Any health care reimbursement plan sponsored |
| wholly or partially by the State.
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|
(2) Any private insurance carrier, health care
|
| cooperative or alliance, health maintenance organization, insurer, organization, entity, association, affiliation, or person that contracts to provide or provides goods or services that are reimbursed by or are a required benefit of a health benefits program funded wholly or partially by the State.
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|
(3) Anyone who provides or contracts to provide goods
|
| and services to an entity described in paragraph (1) or (2) of this subsection.
|
|
For purposes of item (2) in subsection (b), "representation" and "statement"
include, but are not limited to, reports, claims, certifications,
acknowledgments and ratifications of financial information, enrollment claims,
demographic statistics, encounter data, health services available or rendered,
and the qualifications of person rendering health care and ancillary services.
(b) Any person, firm, corporation, association, agency, institution, or
other legal entity that, with the intent to obtain benefits or payments under
this Code to which the person or entity is not entitled or in a greater amount
than that to which the person or entity is entitled, knowingly or willfully:
(1) executes or conspires to execute a scheme or
|
| artifice to defraud any State or federally funded or mandated health plan in connection with the delivery of or payment for health care benefits, items, or services;
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|
(2) executes or conspires to execute a scheme or
|
| artifice to obtain by means of false or fraudulent pretense, representation, statement, or promise money or anything of value in connection with the delivery of or payment for health care benefits, items, or services that are in whole or in part paid for, reimbursed, or subsidized by, or are a required benefit of, a State or federally funded or mandated health plan;
|
|
(3) falsifies, conceals, or covers up by any trick,
|
| scheme, or device a material fact in connection with the delivery of or payment for health care benefits, items, or services that are in whole or in part paid for or reimbursed by a State or federal health plan;
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|
(4) makes any materially false, fictitious, or
|
| fraudulent statements or representations, or makes or uses any materially false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry, in connection with the delivery of or payment for health care benefits, items, or services that are in whole or in part paid for or reimbursed by a State or federal health plan; or
|
|
(5) makes or uses any false writing or document
|
| knowing the same to contain any materially false, fictitious, or fraudulent statement or entry in connection with the delivery of or payment for health care benefits, items, or services that are in whole or in part paid for or reimbursed by a State or federal health plan;
|
|
is guilty of a
violation of this Article and shall be punished as provided in Section 8A-6.
(Source: P.A. 98-354, eff. 8-16-13.)
|
(305 ILCS 5/8A-14)
Sec. 8A-14.
Bribery and graft in connection with health care.
(a) As used in this Section:
"Health care official" means any of the following:
(1) An administrator, officer, trustee, fiduciary, |
| custodian, counsel, agent, or employee of any health plan.
|
|
(2) An officer, counsel, agent, or employee of an
|
| organization that provides, proposes to provide, or contracts to provide services to any health plan.
|
|
(3) An official, employee, or agent of a State or
|
| federal agency having regulatory or administrative authority over any health plan.
|
|
"Health plan" has the meaning attributed to that term in Section 8A-13.
(b) Any person, firm, corporation, association, agency, institution, or
other legal entity that
(1) directly or indirectly gives, offers, or promises
|
| anything of value to a health care official, or offers or promises to a health care official to give anything of value to another person, with the intent
|
|
(A) to influence or reward any act or decision of
|
| any health care official exercising any authority in any State or federally funded or mandated health plan other than as specifically allowed by law, or
|
|
(B) to influence the official to commit, aid in
|
| the commission of, or conspire to allow any fraud in a State or federally funded or mandated health plan, or
|
|
(C) to induce the official to engage in any
|
| conduct in violation of the official's lawful duty, or
|
|
(2) being a health care official, directly or
|
| indirectly demands, solicits, receives, accepts, or agrees to accept anything of value personally or for any other person or entity, the giving of which would violate paragraph (1) of this subsection,
|
|
is guilty of a violation of this Article and shall be punished as
provided in Section 8A-6.
(Source: P.A. 90-538, eff. 12-1-97.)
|
(305 ILCS 5/8A-16)
Sec. 8A-16.
Unfair or deceptive marketing practices.
(a) As used in this Section, "health plan" has the meaning attributed to
that term in Section 8A-13.
(b) It is unlawful to knowingly and willfully engage in any unfair or
deceptive marketing practice
in connection with proposing, offering, selling, soliciting, or providing any
health care service or any health plan. Unfair or deceptive marketing
practices include the following:
(1) Making a false and misleading oral or written |
| statement, visual description, advertisement, or other representation of any kind that has the capacity, tendency, or effect of deceiving or misleading health care consumers with respect to any health care service, health plan, or health care provider.
|
|
(2) Making a representation that a health care plan
|
| or a health care provider offers any service, benefit, access to care, or choice that it does not in fact offer.
|
|
(3) Making a representation that a health plan or
|
| health care provider has any status, certification, qualification, sponsorship, affiliation, or licensure that it does not have.
|
|
(4) A failure to state a material fact if the failure
|
| deceives or tends to deceive.
|
|
(5) Offering any kickback, bribe, reward, or benefit
|
| to any person as an inducement to select or to refrain from selecting any health care service, health plan, or health care provider, unless the benefit offered is medically necessary health care or is permitted by the Illinois Department.
|
|
(6) The use of health care consumer or other
|
| information that is confidential or privileged or that cannot be disclosed to or obtained by the user without violating a State or federal confidentiality law, including:
|
|
(A) medical records information; and
(B) information that identifies the health care
|
| consumer or any member of his or her group as a recipient of any government sponsored or mandated welfare program.
|
|
(7) The use of any device or artifice in advertising
|
| a health plan or soliciting a health care consumer that misrepresents the solicitor's profession, status, affiliation, or mission.
|
|
(c) Any person who commits a first violation of this Section is guilty of a
Class
A misdemeanor and is subject to a fine of not more than $5,000. Any person who
commits a second or subsequent violation of this Section is guilty of a Class 4
felony and is subject to a fine of not more than $25,000.
(Source: P.A. 90-538, eff. 12-1-97.)
|
(305 ILCS 5/9-1) (from Ch. 23, par. 9-1)
Sec. 9-1. Declaration of Purpose. It is the purpose
of this Article to aid applicants for and
recipients of public aid under Articles III, IV, V, and VI, to
increase their capacities for self-support, self-care, and responsible
citizenship, and to assist them in maintaining and strengthening family
life. If authorized pursuant to Section 9-8, this Article may be
extended to former and potential recipients and to persons whose income
does not exceed the standard established to determine eligibility for
aid as a medically indigent person under Article V. The Department, with
the written consent of the Governor, may also:
(a) extend this Article to individuals and their |
| families with income closely related to national indices of poverty who have special needs resulting from institutionalization of a family member or conditions that may lead to institutionalization or who live in impoverished areas or in facilities developed to serve persons of low income;
|
|
(b) establish, where indicated, schedules of payment
|
| for service provided based on ability to pay;
|
|
(c) provide for the coordinated delivery of the
|
| services described in this Article and related services offered by other public or private agencies or institutions, and cooperate with the Illinois Department on Aging to enable it to properly execute and fulfill its duties pursuant to the provisions of Section 4.01 of the "Illinois Act on the Aging", as now or hereafter amended;
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|
(d) provide in-home care services, such as chore and
|
| housekeeping services or homemaker services, to recipients of public aid under Articles IV and VI, the scope and eligibility criteria for such services to be determined by rule;
|
|
(e) contract with other State agencies for the
|
| purchase of social service under Title XX of the Social Security Act, such services to be provided pursuant to such other agencies' enabling legislation; and
|
|
(f) cooperate with the Department of Healthcare and
|
| Family Services to provide services to public aid recipients for the treatment and prevention of alcoholism and substance abuse.
|
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
(305 ILCS 5/9-6) (from Ch. 23, par. 9-6)
Sec. 9-6.
Job Search, Training and Work Programs.
The Illinois Department
and local governmental units shall initiate, promote and develop job search,
training and work programs which will provide employment for and contribute
to the training and experience of persons receiving aid under Articles III,
V, and VI.
The job search, training and work programs shall be designed to preserve and
improve the work habits and skills of recipients for whom jobs are not
otherwise immediately available and to provide training and experience for
recipients who lack the skills required for such employment opportunities as
are or may become available. The Illinois Department and local governmental
unit shall determine by rule those classes of recipients who shall be subject
to participation in such programs. If made subject to participation, every
applicant for or recipient of public aid who is determined to be "able to
engage in employment", as defined by the Department or local governmental unit
pursuant to rules and regulations, for whom unsubsidized jobs are not otherwise
immediately available shall be required to participate in any program
established under this Section.
The Illinois Department shall establish with the Director of Central
Management Services an outreach and training
program designed to encourage and assist recipients participating in job
search, training and work programs to participate in open competitive
examinations for trainee and other entry level positions to maximize
opportunities for placement on open competitive eligible listings and
referral to State agencies for employment consideration.
The Department shall provide payment for transportation, day-care and
Workers' Compensation costs which occur for recipients as a result of
participating in job search, training and work programs as described in
this Section. The Department may decline to initiate such programs in
areas where eligible recipients would be so few in number as to not
economically justify such programs; and in this event the Department shall
not require persons in such areas to participate in any job search,
training, or work programs whatsoever as a condition of their continued
receipt of, or application for, aid.
The programs may include, but shall not be limited to, service in child
care centers, in preschool programs as teacher aides and in public health
programs as home visitors and health aides; the
maintenance of or services required in connection with public offices,
buildings and grounds; state, county and municipal hospitals, forest
preserves, parks, playgrounds, streets and highways, and other
governmental maintenance or construction directed toward environmental
improvement; and similar facilities.
The Illinois Department or local governmental units may enter into agreements
with local taxing bodies and private not-for-profit organizations, agencies
and institutions to provide for the supervision and administration of job
search, work and training projects authorized by this Section. Such agreements
shall stipulate the requirements for utilization of recipients in such
projects. In addition to any other requirements dealing with the
administration of these programs, the Department shall assure, pursuant to
rules and regulations, that:
(a) Recipients may not displace regular employees.
(b) The maximum number of hours of mandatory work is |
| 8 hours per day and 40 hours per week, not to exceed 120 hours per month.
|
|
(c) The maximum number of hours per month shall be
|
| determined by dividing the recipient's benefits by the federal minimum wage, rounded to the lowest full hour. "Recipient's benefits" in this subsection includes: (i) both cash assistance and food stamps provided to the entire assistance unit or household by the Illinois Department where the job search, work and training program is administered by the Illinois Department and, where federal programs are involved, includes all such cash assistance and food stamps provided to the greatest extent allowed by federal law; or (ii) includes only cash assistance provided to the entire assistance unit by the local governmental unit where the job search, work and training program is administered by the local governmental unit.
|
|
(d) The recipient shall be provided or compensated
|
| for transportation to and from the work location.
|
|
(e) Appropriate terms regarding recipient
|
|
Local taxing bodies and private not-for-profit organizations, agencies
and institutions which utilize recipients in job search, work and training
projects authorized by this Section are urged to include such recipients in the
formulation of their employment policies.
Unless directly paid by an employing local taxing body or not-for-profit
agency, a recipient participating in a work project who meets all requirements
set forth by the Illinois Department shall receive credit towards his or
her monthly assistance benefits for work performed based upon the applicable
minimum wage rate. Where a recipient is paid directly by an employing agency,
the Illinois Department or local governmental unit shall provide for payment
to such employing entity the appropriate amount of assistance benefits to
which the recipient would otherwise be entitled under this Code.
The Illinois Department or its designee, including local governmental units,
may enter into agreements with the agencies or institutions providing work
under programs established hereunder for payment to each such employer
(hereinafter called "public service employer") of all or a portion of the
wages to be paid to persons for the work performed and other appropriate costs.
If the number of persons receiving aid under Article VI is insufficient
to justify the establishment of job search, training and work programs
on a local basis by a local governmental unit, or if for other good cause the
establishment of a local program is impractical or unwarranted, the local
governmental unit shall cooperate with other local governmental units, with
civic and non-profit community agencies, and with the Illinois Department in
developing a program or programs which will jointly serve the participating
governmental units and agencies.
A local governmental unit receiving State funds shall refer all
recipients able to engage in employment to such job search, training and work
programs as are established, whether within or without the governmental
unit, and as are accessible to persons receiving aid from the governmental
unit. The Illinois Department shall withhold allocation of state funds to
any governmental unit which fails or refuses to make such referrals.
Participants in job search, training and work programs shall be required
to maintain current registration for regular employment under Section 11-10
and to accept any bona fide offer of regular employment. They shall
likewise be required to accept education, work and training opportunities
available to them under other provisions of this Code or Federal law. The
Illinois Department or local governmental unit shall provide by rule for
periodic review of the circumstances of each participant to determine the
feasibility of his placement in regular employment or other work, education
and training opportunities.
Moneys made available for public aid purposes under Articles IV
and VI may be expended to pay public service employers all or a
portion of the wages of public service employees and other appropriate
costs, to provide necessary supervisory personnel and equipment, to
purchase Workers' Compensation Insurance or to pay Workers' Compensation
claims, and to provide transportation to and from work sites.
The Department shall provide through rules and regulations for sanctions
against applicants and recipients of aid under this Code who fail to cooperate
with the regulations and requirements established pursuant to this Section.
Such sanctions may include the loss of eligibility to receive aid under
Article VI of this Code for up to 3 months.
The Department, in cooperation with a local governmental unit, may maintain
a roster of persons who are required to participate in a local job search,
training and work program. In such cases, the roster shall be available
for inspection by employers for the selection of possible workers.
In addition to the programs authorized by this Section, the Illinois
Department is authorized to administer any job search, training or work
projects in conjunction with the Federal Food Stamp Program, either under
this Section or under other regulations required by the Federal government.
The Illinois Department may also administer pilot programs to provide job
search, training and work programs to unemployed parents of children
receiving child support enforcement services under Article X of this
Code.
(Source: P.A. 92-111, eff. 1-1-02; 92-590, eff. 7-1-02.)
|
(305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)
Sec. 9A-7. Good cause and pre-sanction process.
(a) The Department shall establish by rule what constitutes good cause
for failure to participate in education, training and employment programs,
failure to accept suitable employment or terminating employment or reducing
earnings.
The Department shall establish, by rule, a pre-sanction process to assist
in resolving disputes over proposed sanctions and in determining if good cause
exists.
Good cause shall include, but not be limited to:
(1) temporary illness for its duration;
(2) court required appearance or temporary |
|
(3) (blank);
(4) death in the family;
(5) (blank);
(6) (blank);
(7) (blank);
(8) (blank);
(9) extreme inclement weather;
(10) (blank);
(11) lack of any support service even though the
|
| necessary service is not specifically provided under the Department program, to the extent the lack of the needed service presents a significant barrier to participation;
|
|
(12) if an individual is engaged in employment or
|
| training or both that is consistent with the employment related goals of the program, if such employment and training is later approved by Department staff;
|
|
(13) (blank);
(14) failure of Department staff to correctly forward
|
| the information to other Department staff;
|
|
(15) failure of the participant to cooperate because
|
| of attendance at a test or a mandatory class or function at an educational program (including college), when an education or training program is officially approved by the Department;
|
|
(16) failure of the participant due to his or her
|
|
(17) failure of the participant because it is
|
| determined that he or she should be in a different activity;
|
|
(18) non-receipt by the participant of a notice
|
| advising him or her of a participation requirement. If the non-receipt of mail occurs frequently, the Department shall explore an alternative means of providing notices of participation requests to participants;
|
|
(19) (blank);
(20) non-comprehension of English, either written or
|
|
(21) (blank);
(22) (blank);
(23) child care (or day care for an incapacitated
|
| individual living in the same home as a dependent child) is necessary for the participation or employment and such care is not available for a child under age 13;
|
|
(24) failure to participate in an activity due to a
|
| scheduled job interview, medical appointment for the participant or a household member, or school appointment;
|
|
(25) if an individual or family is experiencing
|
| homelessness; an individual or family is experiencing homelessness if the individual or family: (i) lacks a fixed, regular, and adequate nighttime residence, or shares the housing of other persons due to the loss of housing, economic hardship, or a similar reason; (ii) is living in a motel, hotel, trailer park, or camping ground due to the lack of alternative accommodations; (iii) is living in an emergency or transitional shelter; (iv) resides in a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; or (v) is living in a car, park, public space, abandoned building, substandard housing, bus, train station, or similar settings;
|
|
(26) circumstances beyond the control of the
|
| participant which prevent the participant from completing program requirements;
|
|
(27) (blank);
(28) if an individual or family receives an eviction
|
|
(29) if an individual's or family's utilities are
|
|
(30) if an individual or family receives an utility
|
|
(31) if an individual is exiting a publicly funded
|
| institution or system of care (such as a health-care facility, a mental health facility, foster care or other youth facility, or correction program or institution) without an option to move to a fixed, adequate night time residence.
|
|
(b) (Blank).
(c)(1) The Department shall establish a reconciliation procedure to
assist in resolving disputes related to any aspect of participation,
including exemptions, good cause, sanctions or proposed sanctions,
supportive services, assessments, responsibility and service
plans,
assignment to activities, suitability of employment, or
refusals of offers
of employment.
Through the reconciliation process the Department shall have a mechanism to
identify good cause, ensure that the client is aware of the issue, and enable
the client to perform required activities without facing sanction.
(2) A participant may request reconciliation and
receive notice in
writing of a meeting. At least one face-to-face
meeting may be scheduled to
resolve misunderstandings or disagreements related to program participation
and situations which may lead to a potential sanction. The meeting will
address the underlying reason for the dispute and plan a resolution to
enable the individual to participate in TANF employment and work activity
requirements.
(2.5) If the individual fails to appear at the reconciliation meeting
without good cause, the reconciliation is unsuccessful and a sanction shall be
imposed.
(3) The reconciliation process shall continue after
it is determined that
the individual did not have good cause for non-cooperation. Any necessary
demonstration of cooperation on the part of the participant will be part of
the reconciliation process. Failure to demonstrate cooperation will result in immediate
sanction.
(4) For the first instance of non-cooperation, if the client reaches
agreement to cooperate, the client shall be allowed 30 days to demonstrate
cooperation before any sanction activity may be imposed. In any subsequent
instances of non-cooperation, the client shall be provided the opportunity to
show good cause or remedy the situation by immediately complying with the
requirement.
(5) The Department shall document in the case record the proceedings
of the reconciliation and provide the client in writing
with a reconciliation
agreement.
(6) If reconciliation resolves the dispute, no
sanction shall be imposed.
If the client fails to comply with the reconciliation agreement, the
Department shall then immediately impose the original sanction.
If the dispute cannot be resolved
during reconciliation, a sanction shall not be imposed
until the reconciliation process is complete.
(Source: P.A. 101-103, eff. 7-19-19.)
|
(305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
Sec. 9A-8. Operation of program.
(a) At the time of application or redetermination of eligibility under
Article IV, as determined by rule, the Illinois Department shall provide
information in writing and orally regarding the education, training and
employment program to all applicants and recipients. The information
required shall be established by rule and shall include, but need not be
limited to:
(1) education (including literacy training), |
| employment and training opportunities available, the criteria for approval of those opportunities, and the right to request changes in the personal responsibility and services plan to include those opportunities;
|
|
(1.1) a complete list of all activities that are
|
| approvable activities, and the circumstances under which they are approvable, including work activities, substance use disorder or mental health treatment, activities to escape and prevent domestic violence, caring for a medically impaired family member, and any other approvable activities, together with the right to and procedures for amending the responsibility and services plan to include these activities;
|
|
(1.2) the rules concerning the lifetime limit on
|
| eligibility, including the current status of the applicant or recipient in terms of the months of remaining eligibility, the criteria under which a month will not count towards the lifetime limit, and the criteria under which a recipient may receive benefits beyond the end of the lifetime limit;
|
|
(2) supportive services including child care and the
|
| rules regarding eligibility for and access to the child care assistance program, transportation, initial expenses of employment, job retention, books and fees, and any other supportive services;
|
|
(3) the obligation of the Department to provide
|
|
(4) the rights and responsibilities of participants,
|
| including exemption, sanction, reconciliation, and good cause criteria and procedures, termination for non-cooperation and reinstatement rules and procedures, and appeal and grievance procedures; and
|
|
(5) the types and locations of child care services.
(b) The Illinois
Department shall notify the recipient in writing of the opportunity to
volunteer to participate in the program.
(c) (Blank).
(d) As part of the personal plan for achieving employment and
self-sufficiency, the Department shall conduct an individualized assessment
of
the
participant's employability. No participant may be assigned to any
component of the education, training and employment activity
prior to such
assessment. The plan shall
include collection of
information
on the individual's background, proficiencies, skills deficiencies,
education level, work history, employment goals, interests, aptitudes, and
employment preferences, as well as factors affecting employability or
ability to meet participation requirements (e.g., health, physical or
mental limitations, child care, family circumstances, domestic violence, sexual violence,
substance use disorders, and special needs of any child of the individual). As part
of the plan,
individuals and Department staff shall work together to identify any
supportive service needs required to enable the client to participate and
meet the objectives of his or her employability plan. The
assessment may be conducted through various methods such as interviews,
testing, counseling, and self-assessment instruments. In the
assessment process, the Department shall offer to include standard
literacy testing
and a determination of
English language proficiency and shall provide it for those who accept the
offer.
Based on the assessment,
the
individual will be assigned to the appropriate activity. The
decision will be based on a determination of the individual's level of
preparation for employment as defined by rule.
(e) Recipients determined to be exempt may volunteer to participate
pursuant to Section 9A-4 and must be assessed.
(f) As part of the personal plan for achieving employment and
self-sufficiency under Section 4-1, an employability plan for recipients
shall be
developed in
consultation with the participant. The Department shall have final
responsibility for approving the employability plan. The employability
plan shall:
(1) contain an employment goal of the participant;
(2) describe the services to be provided by the
|
| Department, including child care and other support services;
|
|
(3) describe the activities, such as component
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| assignment, that will be undertaken by the participant to achieve the employment goal. The Department shall treat participation in high school and high school equivalency programs as a core activity and count participation in high school and high school equivalency programs toward the first 20 hours per week of participation. The Department shall approve participation in high school or high school equivalency programs upon written or oral request of the participant if he or she has not already earned a high school diploma or a State of Illinois High School Diploma. However, participation in high school or high school equivalency programs may be delayed as part of an applicant's or recipient's personal plan for achieving employment and self-sufficiency if it is determined that the benefit from participating in another activity, such as, but not limited to, treatment for a substance use disorder or an English proficiency program, would be greater to the applicant or recipient than participation in high school or a high school equivalency program. The availability of high school and high school equivalency programs may also delay enrollment in those programs. The Department shall treat such activities as a core activity as long as satisfactory progress is made, as determined by the high school or high school equivalency program. Proof of satisfactory progress shall be provided by the participant or the school at the end of each academic term; and
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(4) describe any other needs of the family that might
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| be met by the Department.
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(g) The employability plan shall take into account:
(1) available program resources;
(2) the participant's support service needs;
(3) the participant's skills level and aptitudes;
(4) local employment opportunities; and
(5) the preferences of the
participant.
(h) A reassessment shall be conducted to assess a participant's
progress and to review the employability plan on the following occasions:
(1) upon completion of an activity and before
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| assignment to an activity;
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(2) upon the request of the participant;
(3) if the individual is not cooperating with the
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| requirements of the program; and
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(4) if the individual has failed to make satisfactory
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| progress in an education or training program.
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Based on the reassessment, the Department may revise the employability
plan of the participant.
(Source: P.A. 102-1100, eff. 1-1-23 .)
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(305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
Sec. 9A-11. Child care.
(a) The General Assembly recognizes that families with children need child
care in order to work. Child care is expensive and families with limited access to economic resources,
including those who are transitioning from welfare to work, often struggle to
pay the costs of day care. The
General Assembly understands the importance of helping working
families with limited access to economic resources become and remain self-sufficient. The General Assembly also believes
that it is the responsibility of families to share in the costs of child care.
It is also the preference of the General Assembly that all working
families with limited access to economic resources should be treated equally, regardless of their welfare status.
(b) To the extent resources permit, the Illinois Department shall provide
child care services to parents or other relatives as defined by rule who are
working or participating in employment or Department approved
education or training programs. At a minimum, the Illinois Department shall
cover the following categories of families:
(1) recipients of TANF under Article IV participating |
| in work and training activities as specified in the personal plan for employment and self-sufficiency;
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(2) families transitioning from TANF to work;
(3) families at risk of becoming recipients of TANF;
(4) families with special needs as defined by rule;
(5) working families with very low incomes as defined
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(6) families that are not recipients of TANF and that
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| need child care assistance to participate in education and training activities;
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(7) youth in care, as defined in Section 4d of the
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| Children and Family Services Act, who are parents, regardless of income or whether they are working or participating in Department-approved employment or education or training programs. Any family that receives child care assistance in accordance with this paragraph shall receive one additional 12-month child care eligibility period after the parenting youth in care's case with the Department of Children and Family Services is closed, regardless of income or whether the parenting youth in care is working or participating in Department-approved employment or education or training programs;
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(8) families receiving Extended Family Support
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| Program services from the Department of Children and Family Services, regardless of income or whether they are working or participating in Department-approved employment or education or training programs; and
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(9) families with children under the age of 5 who
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| have an open intact family services case with the Department of Children and Family Services. Any family that receives child care assistance in accordance with this paragraph shall remain eligible for child care assistance 6 months after the child's intact family services case is closed, regardless of whether the child's parents or other relatives as defined by rule are working or participating in Department approved employment or education or training programs. The Department of Human Services, in consultation with the Department of Children and Family Services, shall adopt rules to protect the privacy of families who are the subject of an open intact family services case when such families enroll in child care services. Additional rules shall be adopted to offer children who have an open intact family services case the opportunity to receive an Early Intervention screening and other services that their families may be eligible for as provided by the Department of Human Services.
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Beginning October 1, 2023, and every October 1 thereafter, the Department of Children and Family Services shall report to the General Assembly on the number of children who received child care via vouchers paid for by the Department of Children and Family Services during the preceding fiscal year. The report shall include the ages of children who received child care, the type of child care they received, and the number of months they received child care.
The Department shall specify by rule the conditions of eligibility, the
application process, and the types, amounts, and duration of services.
Eligibility for
child care benefits and the amount of child care provided may vary based on
family size, income,
and other factors as specified by rule.
The Department shall update the Child Care Assistance Program Eligibility Calculator posted on its website to include a question on whether a family is applying for child care assistance for the first time or is applying for a redetermination of eligibility.
A family's eligibility for child care services shall be redetermined no sooner than 12 months following the initial determination or most recent redetermination. During the 12-month periods, the family shall remain eligible for child care services regardless of (i) a change in family income, unless family income exceeds 85% of State median income, or (ii) a temporary change in the ongoing status of the parents or other relatives, as defined by rule, as working or attending a job training or educational program.
In determining income eligibility for child care benefits, the Department
annually, at the beginning of each fiscal year, shall
establish, by rule, one income threshold for each family size, in relation to
percentage of State median income for a family of that size, that makes
families with incomes below the specified threshold eligible for assistance
and families with incomes above the specified threshold ineligible for
assistance. Through and including fiscal year 2007, the specified threshold must be no less than 50% of the
then-current State median income for each family size. Beginning in fiscal year 2008, the specified threshold must be no less than 185% of the then-current federal poverty level for each family size. Notwithstanding any other provision of law or administrative rule to the contrary, beginning in fiscal year 2019, the specified threshold for working families with very low incomes as defined by rule must be no less than 185% of the then-current federal poverty level for each family size. Notwithstanding any other provision of law or administrative rule to the contrary, beginning in State fiscal year 2022 through State fiscal year 2023, the specified
income threshold shall be no less than 200% of the
then-current federal poverty level for each family size. Beginning in State fiscal year 2024, the specified income threshold shall be no less than 225% of the then-current federal poverty level for each family size.
In determining eligibility for
assistance, the Department shall not give preference to any category of
recipients
or give preference to individuals based on their receipt of benefits under this
Code.
Nothing in this Section shall be
construed as conferring entitlement status to eligible families.
The Illinois
Department is authorized to lower income eligibility ceilings, raise parent
co-payments, create waiting lists, or take such other actions during a fiscal
year as are necessary to ensure that child care benefits paid under this
Article do not exceed the amounts appropriated for those child care benefits.
These changes may be accomplished by emergency rule under Section 5-45 of the
Illinois Administrative Procedure Act, except that the limitation on the number
of emergency rules that may be adopted in a 24-month period shall not apply.
The Illinois Department may contract with other State agencies or child care
organizations for the administration of child care services.
(c) Payment shall be made for child care that otherwise meets the
requirements of this Section and applicable standards of State and local
law and regulation, including any requirements the Illinois Department
promulgates by rule in addition to the licensure
requirements
promulgated by the Department of Children and Family Services and Fire
Prevention and Safety requirements promulgated by the Office of the State
Fire Marshal, and is provided in any of the following:
(1) a child care center which is licensed or exempt
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| from licensure pursuant to Section 2.09 of the Child Care Act of 1969;
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(2) a licensed child care home or home exempt from
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(3) a licensed group child care home;
(4) other types of child care, including child care
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| provided by relatives or persons living in the same home as the child, as determined by the Illinois Department by rule.
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(c-5)
Solely for the purposes of coverage under the Illinois Public Labor Relations Act, child and day care home providers, including licensed and license exempt, participating in the Department's child care assistance program shall be considered to be public employees and the State of Illinois shall be considered to be their employer as of January 1, 2006 (the effective date of Public Act 94-320), but not before. The State shall engage in collective bargaining with an exclusive representative of child and day care home providers participating in the child care assistance program concerning their terms and conditions of employment that are within the State's control. Nothing in this subsection shall be understood to limit the right of families receiving services defined in this Section to select child and day care home providers or supervise them within the limits of this Section. The State shall not be considered to be the employer of child and day care home providers for any purposes not specifically provided in Public Act 94-320, including, but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits. Child and day care home providers shall not be covered by the State Employees Group Insurance Act of 1971.
In according child and day care home providers and their selected representative rights under the Illinois Public Labor Relations Act, the State intends that the State action exemption to application of federal and State antitrust laws be fully available to the extent that their activities are authorized by Public Act 94-320.
(d) The Illinois Department shall establish, by rule, a co-payment scale that provides for cost sharing by families that receive
child care services, including parents whose only income is from
assistance under this Code. The co-payment shall be based on family income and family size and may be based on other factors as appropriate. Co-payments may be waived for families whose incomes are at or below the federal poverty level.
(d-5) The Illinois Department, in consultation with its Child Care and Development Advisory Council, shall develop a plan to revise the child care assistance program's co-payment scale. The plan shall be completed no later than February 1, 2008, and shall include:
(1) findings as to the percentage of income that the
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| average American family spends on child care and the relative amounts that low-income families and the average American family spend on other necessities of life;
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(2) recommendations for revising the child care
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| co-payment scale to assure that families receiving child care services from the Department are paying no more than they can reasonably afford;
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(3) recommendations for revising the child care
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| co-payment scale to provide at-risk children with complete access to Preschool for All and Head Start; and
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(4) recommendations for changes in child care program
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| policies that affect the affordability of child care.
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(e) (Blank).
(f) The Illinois Department shall, by rule, set rates to be paid for the
various types of child care. Child care may be provided through one of the
following methods:
(1) arranging the child care through eligible
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| providers by use of purchase of service contracts or vouchers;
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(2) arranging with other agencies and community
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| volunteer groups for non-reimbursed child care;
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(3) (blank); or
(4) adopting such other arrangements as the
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| Department determines appropriate.
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(f-1) Within 30 days after June 4, 2018 (the effective date of Public Act 100-587), the Department of Human Services shall establish rates for child care providers that are no less than the rates in effect on January 1, 2018 increased by 4.26%.
(f-5) (Blank).
(g) Families eligible for assistance under this Section shall be given the
following options:
(1) receiving a child care certificate issued by the
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| Department or a subcontractor of the Department that may be used by the parents as payment for child care and development services only; or
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(2) if space is available, enrolling the child with a
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| child care provider that has a purchase of service contract with the Department or a subcontractor of the Department for the provision of child care and development services. The Department may identify particular priority populations for whom they may request special consideration by a provider with purchase of service contracts, provided that the providers shall be permitted to maintain a balance of clients in terms of household incomes and families and children with special needs, as defined by rule.
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(Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff. 5-27-22; 103-8, eff. 6-7-23.)
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(305 ILCS 5/9A-13)
Sec. 9A-13.
Work activity; anti-displacement provisions.
(a) As used in this Section "work activity" means any workfare, earnfare,
pay-after-performance, work-off-the-grant, work experience, or other activity
under Section 9A-9 or any other Section of this
Code in which a
recipient of public assistance performs work for any employer as a condition of
receiving the public assistance, and the employer does not pay wages for the
work; or as any grant diversion, wage supplementation, or similar program in
which the public assistance grant is provided to the employer as a subsidy for
the wages of any recipient in its workforce.
(b) An employer may not utilize a work activity participant if such
utilization would result in:
(1) the displacement or partial displacement of |
| current employees, including but not limited to a reduction in hours of non-overtime or overtime work, wages, or employment benefits; or
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(2) the filling of a position that would otherwise be
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| a promotional opportunity for current employees; or
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(3) the filling of a position created by or causing
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| termination, layoff, a hiring freeze, or a reduction in the workforce; or
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(4) the placement of a participant in any established
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(5) the performance of work by a participant if there
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| is a strike, lockout, or other labor dispute in which the employer is engaged.
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(c) An employer who wishes to utilize work activity participants shall,
at least 15 days prior to utilizing such participants, notify the
labor organization of the name, work location, and the duties to be performed
by the participant.
(d) The Department of Human Services shall establish a grievance procedure
for employees and labor organizations to utilize in the event of any alleged
violation of this Section. Notwithstanding the above, a labor organization
may utilize the established grievance or arbitration procedure in its
collective bargaining agreement to contest violations of this Section.
(Source: P.A. 92-111, eff. 1-1-02.)
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