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92_SB1855
LRB9209402DJgc
1 AN ACT to revise the Illinois Public Aid Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 ARTICLE 1. REVISORY PROVISIONS
5 Section 1-5. Purpose. The purpose of this Act is to
6 revise the Illinois Public Aid Code by making the references
7 to certain terms used in that Code more specific, by
8 resectioning certain Sections of that Code, and by
9 incorporating into that Code certain provisions of the
10 Department of Public Aid Law of the Civil Administrative Code
11 of Illinois, making only nonsubstantive and technical
12 changes.
13 Section 1-10. Prior law.
14 (a) A provision revised and continued in the Illinois
15 Public Aid Code by the amendatory provisions of this Act
16 shall be construed as a continuation of the prior law and not
17 as a new or different law.
18 (b) A citation in an Act other than the Illinois Public
19 Aid Code to a Section of that Code that is resectioned and
20 continued in that Code by the amendatory provisions of this
21 Act shall be construed to be a citation to that renumbered
22 and continued provision in that Code.
23 Section 1-15. Other Acts of the General Assembly. If
24 any other Act of the General Assembly changes, adds, or
25 repeals a provision of prior law that is resectioned and
26 continued in the Illinois Public Aid Code or incorporated
27 into the Illinois Public Aid Code by the amendatory
28 provisions of this Act, then that change, addition, or repeal
29 in the other Act shall be construed together with the
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1 Illinois Public Aid Code as amended by this Act.
2 Section 1-20. Matters of form.
3 (a) The parenthetical citation before a new Section in
4 the form "(XX ILCS XX/XX new)" (i) is an informational
5 reference to the citation of the new Section in the Illinois
6 Compiled Statutes and (ii) is not part of the text of the
7 law.
8 (b) The parenthetical citation before a new Section in
9 the form "(was XX ILCS XX/XX)" (i) is an informational
10 reference to the prior law from which the new Section is
11 derived and (ii) is not part of the text of the law.
12 (c) In the text of a new Section, (i) matter that is
13 stricken indicates a deletion from the prior law and (ii)
14 matter that is underscored indicates an addition to the prior
15 law. The purpose of striking and underscoring in this manner
16 is to clearly indicate all changes to prior laws that are
17 being resectioned and continued in the Illinois Public Aid
18 Code or that are being incorporated into the Illinois Public
19 Aid Code. Matter in the text of a new Section that is not
20 underscored or stricken is matter being continued in the
21 Illinois Public Aid Code, or being added to the Illinois
22 Public Aid Code from the prior law, with no changes.
23 (d) The parenthetical citation after a Section in the
24 form "(Source: Laws 19XX, p. XX)" or "(Source: P.A. XX-XXXX)"
25 (i) is an informational reference to the most recent sources
26 of the continued text in the Session Laws of Illinois and
27 (ii) is not part of the text of the law.
28 Section 1-25. Home rule; mandates. No provision
29 incorporated into the Illinois Public Aid Code by the
30 amendatory provisions of this Act (i) is a denial of or
31 limitation on home rule powers if no denial or limitation
32 existed under prior law or (ii) creates a State mandate under
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1 the State Mandates Act if no mandate existed under prior law.
2 Section 1-30. Captions. The language contained in the
3 Section and subsection captions in the Illinois Public Aid
4 Code:
5 (1) is intended only as a general description that
6 is not a part of the substantive provisions of that Code;
7 (2) does not take precedence over the content of
8 the substantive provisions of that Code; and
9 (3) shall not be used in construing the meaning of
10 the substantive provisions of that Code.
11 ARTICLE 5. AMENDATORY PROVISIONS
12 Section 5-5. The Illinois Public Aid Code is amended by
13 changing and, in part, by resectioning Sections 1-1, 1-6,
14 1-7, 1-8, 1-11, 2-11, 2-16, 3-1, 3-1a, 3-1.2, 3-1.4, 3-2,
15 3-3, 3-4, 3-5, 3-5a, 3-8, 3-9, 3-10.1, 3-10.4, 3-10.5,
16 3-10.6, 3-10.7, 3-10.9, 3-10.10, 3-11, 3-13, 3-14, 4-0.5,
17 4-1, 4-1.2, 4-1.2a, 4-1.2c, 4-1.6, 4-1.7, 4-1.10, 4-1.12,
18 4-2, 4-3a, 4-4.1, 4-7, 4-8, 4-9, 4-10, 4-12, 4-17, 4-21,
19 4-22, 5-1.1, 5-1.2, 5-2, 5-2.1a, 5-2.2, 5-2.3, 5-4, 5-4.1,
20 5-4.2, 5-4.20, 5-4.21, 5-4.22, 5-4.23, 5-4.24, 5-4.25,
21 5-4.26, 5-4.27, 5-4.28, 5-4.30, 5-4.31, 5-4.32, 5-4.33,
22 5-4.34, 5-4.35, 5-4.36, 5-4.37, 5-4.38, 5-5, 5-5.01a, 5-5.02,
23 5-5.03, 5-5.1, 5-5.2, 5-5.3, 5-5.4, 5-5.5, 5-5.5a, 5-5.6a,
24 5-5.6b, 5-5.8, 5-5.8a, 5-5.11, 5-5.12, 5-5.12a, 5-5.13,
25 5-5.15, 5-5.17, 5-5.18, 5-5.19, 5-5.20, 5-5.21, 5-5a, 5-5b,
26 5-5c, 5-6, 5-7, 5-8, 5-9, 5-11, 5-11.1, 5-12, 5-13, 5-13.2,
27 5-14, 5-15, 5-15.5, 5-16, 5-16.1, 5-16.2, 5-16.4, 5-16.5,
28 5-16.6, 5-16.9, 5-16.10, 5-16.11, 5-16.12, 5-17, 5-19, 5-20,
29 5-21, 5-22, 5A-2, 5A-3, 5A-4, 5A-5, 5A-6, 5A-7, 5A-8, 5A-9,
30 5B-4, 5B-5, 5B-6, 5B-7, 5B-8, 5C-3, 5C-4, 5C-5, 5C-6, 5C-7,
31 5E-10, 6-1, 6-1.2, 6-1.3, 6-1.3a, 6-1.6, 6-1.7, 6-2, 6-2.1,
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1 6-6, 6-7, 6-9, 6-10, 6-11, 6-12, 8A-2.5, 8A-4, 8A-4A, 8A-5,
2 8A-5A, 8A-7, 8A-7.1, 8A-8, 8A-9, 8A-11, 8A-12, 8A-16, 9-1,
3 9-2, 9-3, 9-4, 9-5, 9-6, 9-6.1, 9-7, 9-8, 9-9, 9-11, 9A-3,
4 9A-4, 9A-7, 9A-8, 9A-8.1, 9A-9, 9A-10, 9A-11, 9A-11.5, 9A-14,
5 10-1, 10-3, 10-3.1, 10-3.2, 10-3.3, 10-3.4, 10-4, 10-5, 10-6,
6 10-7, 10-8, 10-8.1, 10-9, 10-10, 10-10.1, 10-10.2, 10-10.3,
7 10-10.4, 10-10.5, 10-11, 10-11.1, 10-11.2, 10-12, 10-12.1,
8 10-13, 10-13.1, 10-13.2, 10-13.3, 10-13.4, 10-13.5, 10-13.6,
9 10-13.7, 10-13.8, 10-13.9, 10-13.10, 10-14, 10-14.1, 10-15,
10 10-16, 10-16.4, 10-16.6, 10-17.1, 10-17.2, 10-17.3, 10-17.4,
11 10-17.5, 10-17.6, 10-17.7, 10-17.8, 10-17.9, 10-17.11, 10-18,
12 10-19, 10-20, 10-21, 10-23, 10-24.5, 10-24.45, 10-25,
13 10-25.5, 10-26, 10-26.2, 10-26.5, 10-27, 11-2, 11-2.1, 11-3,
14 11-3.2, 11-3.3, 11-4, 11-5, 11-6, 11-6.1, 11-6.2, 11-7, 11-8,
15 11-8.1, 11-8.2, 11-8.3, 11-8.4, 11-8.7, 11-9, 11-12, 11-13,
16 11-14.5, 11-15, 11-16, 11-17, 11-19, 11-20, 11-20.1, 11-22,
17 11-22a, 11-22b, 11-22c, 11-26, 11-26.1, 11-27, 11-28, 11-29,
18 11-31, 12-2, 12-3, 12-4, 12-4.1, 12-4.3, 12-4.4, 12-4.5,
19 12-4.6, 12-4.7, 12-4.7b, 12-4.7c, 12-4.7d, 12-4.8, 12-4.8a,
20 12-4.9, 12-4.10, 12-4.11, 12-4.12, 12-4.14, 12-4.16, 12-4.17,
21 12-4.18, 12-4.19, 12-4.20, 12-4.20a, 12-4.20c, 12-4.20d,
22 12-4.21, 12-4.22, 12-4.23, 12-4.24, 12-4.24a, 12-4.25,
23 12-4.25a, 12-4.25b, 12-4.25c, 12-4.26, 12-4.27, 12-4.29,
24 12-4.30, 12-4.33, 12-4.34, 12-4.35, 12-4.103, 12-5, 12-8,
25 12-8.1, 12-9, 12-9.1, 12-10, 12-10.1, 12-10.2, 12-10.2a,
26 12-10.3, 12-10.5, 12-10.6, 12-12, 12-12.1, 12-13, 12-13.05,
27 12-13.2, 12-19, 12-19.1, 12-19.3, 12-19.5, 12-21, 12-21.6,
28 12-21.7, 12-21.8, 12-21.10, 12-21.11, 12-21.12, 12-21.14,
29 12-21.16, 12-21.17, 12-21.18, 14-1, 14-2, 14-3, 14-4, 14-5,
30 14-6, 14-7, 14-8, 14-9, 14-10, 15-2, 15-3, 15-4, 15-5, 15-6,
31 15-7, and 15-8 and by adding Sections 2-6.5 and 2-18 as
32 follows:
33 (305 ILCS 5/1-1) (from Ch. 23, par. 1-1)
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1 Sec. 1-1. Public purpose Aims in providing financial aid
2 and services. The purpose of this Code is to assist in the
3 alleviation and prevention of poverty and thereby to protect
4 and promote the health and welfare of all the people of this
5 State.
6 To accomplish this purpose, this Code authorizes
7 financial aid and social welfare services for persons in need
8 thereof by reason of unemployment, illness, or other cause
9 depriving them of the means of a livelihood compatible with
10 health and well-being, and provides for the development, use
11 and coordination of all resources in this State, governmental
12 and private.
13 The Illinois Department of Public Aid and the Department
14 of Human Services shall establish such standards of financial
15 aid and services as will encourage and assist applicants and
16 recipients to maintain a livelihood compatible with health
17 and well being and to develop their self-reliance and realize
18 their capacities for self-care, self-support, and responsible
19 citizenship.
20 The maintenance and strengthening of the family unit
21 shall be a principal consideration in the administration of
22 this Code. All public aid policies shall be formulated and
23 administered to achieve this end.
24 (Source: P.A. 89-507, eff. 7-1-97.)
25 (305 ILCS 5/1-6) (from Ch. 23, par. 1-6)
26 Sec. 1-6. Eligibility; unemployment benefits.
27 Notwithstanding any provisions of this Code to the contrary,
28 a person, if eligible, shall be required to file for
29 unemployment compensation benefits as a condition for
30 qualifying for public assistance benefits under programs of
31 aid to the aged, blind, or disabled, aid to families with
32 dependent children, and aid to families with dependent
33 children--unemployed, which are administered by the Illinois
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1 Department of Human Services, or general assistance programs
2 administered by some other public agency.
3 (Source: P.A. 89-507, eff. 7-1-97.)
4 (305 ILCS 5/1-7) (from Ch. 23, par. 1-7)
5 Sec. 1-7. Items excluded from consideration in
6 determining eligibility for or level of aid.
7 (a) For purposes of determining eligibility for
8 assistance under this Code, the Illinois Department of Public
9 Aid, the Department of Human Services, county departments,
10 and local governmental units shall exclude from consideration
11 restitution payments, including all income and resources
12 derived therefrom, made to persons of Japanese or Aleutian
13 ancestry pursuant to the federal Civil Liberties Act of 1988
14 and the Aleutian and Pribilof Island Restitution Act, P.L.
15 100-383.
16 (b) For purposes of any program or form of assistance
17 where a person's income or assets are considered in
18 determining eligibility or level of assistance, whether under
19 this Code or another authority, neither the State of Illinois
20 nor any entity or person administering a program wholly or
21 partially financed by the State of Illinois or any of its
22 political subdivisions shall include restitution payments,
23 including all income and resources derived therefrom, made
24 pursuant to the federal Civil Liberties Act of 1988 and the
25 Aleutian and Pribilof Island Restitution Act, P.L. 100-383,
26 in the calculation of income or assets for determining
27 eligibility or level of assistance.
28 (c) For purposes of determining eligibility for or the
29 amount of assistance under this Code, except for the
30 determination of eligibility for payments or programs under
31 the TANF employment, education, and training programs and the
32 Food Stamp Employment and Training Program, the Illinois
33 Department of Public Aid, the Department of Human Services,
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1 county departments, and local governmental units shall
2 exclude from consideration any financial assistance received
3 under any student aid program administered by an agency of
4 this State or the federal government, by a person who is
5 enrolled as a full-time or part-time student of any public or
6 private university, college, or community college in this
7 State.
8 (Source: P.A. 92-111, eff. 1-1-02.)
9 (305 ILCS 5/1-8)
10 Sec. 1-8. Fugitives ineligible.
11 (a) The following persons are not eligible for aid under
12 this Code, or federal food stamps or federal food stamp
13 benefits:
14 (1) A person who has fled from the jurisdiction of
15 any court of record of this or any other state or of the
16 United States to avoid prosecution for a felony or to
17 avoid giving testimony in any criminal proceeding
18 involving the alleged commission of a felony.
19 (2) A person who has fled to avoid imprisonment in
20 a correctional facility of this or any other state or the
21 United States for having committed a felony.
22 (3) A person who has escaped from a correctional
23 facility of this or any other state or the United States
24 if the person was incarcerated for having committed a
25 felony.
26 (4) A person who is violating a condition of
27 probation or parole imposed under federal or State law.
28 In this Section, "felony" means a violation of a penal
29 statute of this or any other state or the United States for
30 which a sentence to death or to a term of imprisonment in a
31 penitentiary for one year or more is provided.
32 To implement this Section, the Illinois Department of
33 Public Aid and the Department of Human Services may exchange
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1 necessary information with an appropriate law enforcement
2 agency of this or any other state, a political subdivision of
3 this or any other state, or the United States.
4 (b) (Blank).
5 (Source: P.A. 92-111, eff. 1-1-02.)
6 (305 ILCS 5/1-11)
7 Sec. 1-11. Citizenship. To the extent not otherwise
8 provided in this Code or federal law, all clients who receive
9 cash or medical assistance under Article III, IV, V, or VI of
10 this Code must meet the citizenship requirements as
11 established in this Section. To be eligible for assistance an
12 individual, who is otherwise eligible, must be either a
13 United States citizen or included in one of the following
14 categories of non-citizens:
15 (1) United States veterans honorably discharged and
16 persons on active military duty, and the spouse and
17 unmarried dependent children of these persons;
18 (2) Refugees under Section 207 of the Immigration
19 and Nationality Act;
20 (3) Asylees under Section 208 of the Immigration
21 and Nationality Act;
22 (4) Persons for whom deportation has been withheld
23 under Section 243(h) of the Immigration and Nationality
24 Act;
25 (5) Persons granted conditional entry under Section
26 203(a)(7) of the Immigration and Nationality Act as in
27 effect prior to April 1, 1980;
28 (6) Persons lawfully admitted for permanent
29 residence under the Immigration and Nationality Act; and
30 (7) Parolees, for at least one year, under Section
31 212(d)(5) of the Immigration and Nationality Act.
32 Those persons who are in the categories set forth in
33 subdivisions 6 and 7 of this Section, who enter the United
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1 States on or after August 22, 1996, shall not be eligible for
2 5 years beginning on the date the person entered the United
3 States.
4 The Illinois Department of Public Aid may, by rule, cover
5 prenatal care or emergency medical care for non-citizens who
6 are not otherwise eligible under this Section. Local
7 governmental units which do not receive State funds may
8 impose their own citizenship requirements and are authorized
9 to provide any benefits and impose any citizenship
10 requirements as are allowed under the Personal Responsibility
11 and Work Opportunity Reconciliation Act of 1996 (P.L.
12 104-193).
13 (Source: P.A. 90-17, eff. 7-1-97.)
14 (305 ILCS 5/2-6.5 new)
15 Sec. 2-6.5. "Medicaid". Unless the context requires
16 otherwise, "Medicaid" means the program of medical assistance
17 under Article V.
18 (305 ILCS 5/2-11) (from Ch. 23, par. 2-11)
19 Sec. 2-11. "Family unit": Husband and wife and a child
20 or children under age 21. Spouses and parents of children
21 under age 21 constitute "legally responsible relatives" or
22 "responsible relatives" wherever those terms may be used in
23 this Code in respect to their support obligation enforceable
24 by court action or an administrative order of the Illinois
25 Department of Public Aid, as provided in Article X, or
26 enforceable through other State or Federal laws.
27 The support obligation of other persons defined as
28 "legally responsible relatives" in this Section prior to
29 October 6, 1969 for aid extended to their dependents prior to
30 that date shall remain unimpaired.
31 (Source: P.A. 79-474.)
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1 (305 ILCS 5/2-16) (from Ch. 23, par. 2-16)
2 Sec. 2-16. "Service provider": A person or corporation
3 who furnishes medical, educational, psychiatric, vocational
4 or rehabilitative services to a recipient under this Code,
5 but excluding an employee of the Illinois Department of
6 Public Aid or the Department of Human Services or a county
7 department.
8 (Source: P.A. 82-555.)
9 (305 ILCS 5/2-18 new)
10 Sec. 2-18. Terms used in connection with determination
11 and enforcement of support responsibility. Unless the
12 context requires otherwise or unless otherwise provided in
13 this Code:
14 "Arrearage", "delinquency", "obligee", "obligor", "order
15 for support", and "payor" are defined as in the Income
16 Withholding for Support Act.
17 "Support order" means an order for support.
18 (305 ILCS 5/3-1) (from Ch. 23, par. 3-1)
19 Sec. 3-1. Eligibility requirements. Financial aid in
20 meeting basic maintenance requirements for a livelihood
21 compatible with health and well-being shall be given under
22 this Article to or in behalf of aged, blind, or disabled
23 persons who meet the eligibility conditions of Sections 3-1.1
24 through 3-1.7. Financial aid under this Article shall be
25 available only for persons who are receiving Supplemental
26 Security Income (SSI) or who have been found ineligible for
27 SSI on the basis of income.
28 "Aged person" means a person who has attained age 65, as
29 demonstrated by such evidence of age as the Illinois
30 Department of Human Services may by rule prescribe.
31 "Blind person" means a person who has no vision or whose
32 vision with corrective glasses is so defective as to prevent
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1 the performance of ordinary duties or tasks for which
2 eyesight is essential. The Illinois Department of Human
3 Services shall define blindness in terms of ophthalmic
4 measurements or ocular conditions. For purposes of this Act,
5 an Illinois Disabled Person Identification Card issued
6 pursuant to the Illinois Identification Card Act, indicating
7 that the person thereon named has a Type 3 disability shall
8 be evidence that such person is a blind person within the
9 meaning of this Section; however, such a card shall not
10 qualify such person for aid as a blind person under this Act,
11 and eligibility for aid as a blind person shall be determined
12 as provided in this Act.
13 "Disabled person" means a person age 18 or over who has a
14 physical or mental impairment, disease, or loss which is of a
15 permanent nature and which substantially impairs his ability
16 to perform labor or services or to engage in useful
17 occupations for which he is qualified, as determined by rule
18 and regulation of the Illinois Department of Human Services.
19 For purposes of this Act, an Illinois Disabled Person
20 Identification Card issued pursuant to The Illinois
21 Identification Card Act, indicating that the person thereon
22 named has a Type 1 or 2, Class 2 disability shall be evidence
23 that such person is a disabled person under this Section;
24 however, such a card shall not qualify such person for aid as
25 a disabled person under this Act, and eligibility for aid as
26 a disabled person shall be determined as provided in this
27 Act. If federal law or regulation permit or require the
28 inclusion of blind or disabled persons whose blindness or
29 disability is not of the degree specified in the foregoing
30 definitions, or permit or require the inclusion of disabled
31 persons under age 18 or aged persons under age 65, the
32 Illinois Department of Human Services, upon written approval
33 of the Governor, may provide by rule that all aged, blind or
34 disabled persons toward whose aid federal funds are available
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1 be eligible for assistance under this Article as is given to
2 those who meet the foregoing definitions of blind person and
3 disabled person or aged person.
4 (Source: P.A. 89-21, eff. 7-1-95.)
5 (305 ILCS 5/3-1a) (from Ch. 23, par. 3-1a)
6 Sec. 3-1a. Interim Assistance.
7 (a) (Blank).
8 (b) The Illinois Department of Human Services may
9 establish, by rule, an advocacy program to help clients
10 pursue Supplemental Security Income applications and, if the
11 client is found ineligible for Supplemental Security Income
12 initially, to help the client pursue the Supplemental
13 Security Income reconsideration and appeal process. This
14 program may be limited to specific geographic areas.
15 (Source: P.A. 92-111, eff. 1-1-02.)
16 (305 ILCS 5/3-1.2) (from Ch. 23, par. 3-1.2)
17 Sec. 3-1.2. Need. Income available to the person, when
18 added to contributions in money, substance, or services from
19 other sources, including contributions from legally
20 responsible relatives, must be insufficient to equal the
21 grant amount established by Department of Human Services
22 regulation for such person.
23 In determining earned income to be taken into account,
24 consideration shall be given to any expenses reasonably
25 attributable to the earning of such income. If federal law or
26 regulations permit or require exemption of earned or other
27 income and resources, the Illinois Department of Human
28 Services shall provide by rule and regulation that the amount
29 of income to be disregarded be increased (1) to the maximum
30 extent so required and (2) to the maximum extent permitted by
31 federal law or regulation in effect as of the date this
32 Amendatory Act becomes law. The Illinois Department may also
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1 provide by rule and regulation that the amount of resources
2 to be disregarded be increased to the maximum extent so
3 permitted or required.
4 In determining the resources of an individual or any
5 dependents, the Department of Human Services shall exclude
6 from consideration the value of funeral and burial spaces,
7 grave markers and other funeral and burial merchandise,
8 funeral and burial insurance the proceeds of which can only
9 be used to pay the funeral and burial expenses of the insured
10 and funds specifically set aside for the funeral and burial
11 arrangements of the individual or his or her dependents,
12 including prepaid funeral and burial plans, to the same
13 extent that such items are excluded from consideration under
14 the federal Supplemental Security Income program.
15 The homestead shall be exempt from consideration except
16 to the extent that it meets the income and shelter needs of
17 the person. "Homestead" means the dwelling house and
18 contiguous real estate owned and occupied by the person,
19 regardless of its value.
20 Occasional or irregular gifts in cash, goods or services
21 from persons who are not legally responsible relatives which
22 are of nominal value or which do not have significant effect
23 in meeting essential requirements shall be disregarded. The
24 eligibility of any applicant for or recipient of public aid
25 under this Article is not affected by the payment of any
26 grant under the "Senior Citizens and Disabled Persons
27 Property Tax Relief and Pharmaceutical Assistance Act" or any
28 distributions or items of income described under subparagraph
29 (X) of paragraph (2) of subsection (a) of Section 203 of the
30 Illinois Income Tax Act.
31 The Illinois Department of Human Services may, after
32 appropriate investigation, establish and implement a
33 consolidated standard to determine need and eligibility for
34 and amount of benefits under this Article or a uniform cash
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1 supplement to the federal Supplemental Security Income
2 program for all or any part of the then current recipients
3 under this Article; provided, however, that the establishment
4 or implementation of such a standard or supplement shall not
5 result in reductions in benefits under this Article for the
6 then current recipients of such benefits.
7 (Source: P.A. 91-676, eff. 12-23-99.)
8 (305 ILCS 5/3-1.4) (from Ch. 23, par. 3-1.4)
9 Sec. 3-1.4. Residents of public institutions. Residents
10 of municipal, county, state or national institutions for
11 persons with mental illness or persons with a developmental
12 disability or for the tuberculous, or residents of a home or
13 other institution maintained by such governmental bodies when
14 not in need of institutional care because of sickness,
15 convalescence, infirmity, or chronic illness, and inmates of
16 penal or correctional institutions maintained by such
17 governmental bodies, may qualify for aid under this Article
18 only after they have ceased to be residents or inmates, but
19 they may apply in advance of their discharge. Applications
20 received from residents scheduled for discharge from such
21 institutions shall be processed by the Department of Human
22 Services in an expeditious manner. For persons whose
23 applications are approved, the date of eligibility shall be
24 the date of release from the institution.
25 A person shall not be deemed a resident of a State
26 institution for persons with mental illness or persons with a
27 developmental disability within the meaning of this Section
28 if he or she has been conditionally discharged by the
29 Department of Mental Health and Developmental Disabilities or
30 the Department of Human Services (acting as successor to the
31 Department of Mental Health and Developmental Disabilities)
32 and is no longer residing in the institution.
33 Recipients of benefits under this Article who become
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1 residents of such institutions shall be permitted a period of
2 up to 30 days in such institutions without suspension or
3 termination of eligibility; if residency in an institution
4 extends beyond 30 days the eligibility for all benefits
5 except Aid to Families with Dependent Children shall be
6 suspended. Benefits shall be restored, effective on the date
7 of discharge or release, for persons who are residents of
8 institutions. Within a reasonable time after the discharge
9 of a person who was a resident of an institution, the
10 Department of Human Services shall redetermine the
11 eligibility of such person.
12 The Department of Human Services shall provide for
13 procedures to expedite the determination of disability of
14 persons scheduled to be discharged from facilities operated
15 by the Department.
16 If federal law or regulations governing grants under this
17 Article permit the inclusion of persons who are residents of
18 institutions designated in this Section beyond the period
19 authorized herein, the Illinois Department of Human Services,
20 upon a determination that the appropriations for public aid
21 are sufficient for such purpose, and upon approval of the
22 Governor, may provide by general and uniform rule for the
23 waiver of the provisions of this Section which would
24 otherwise disqualify such person for aid under this Article.
25 (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
26 (305 ILCS 5/3-2) (from Ch. 23, par. 3-2)
27 Sec. 3-2. Conditions for basic maintenance grants to
28 persons receiving institutional care. A resident of a public
29 or private home or institution maintained for the care of
30 persons who are sick, convalescent, infirm or chronically
31 ill, may, if otherwise qualified, be granted financial aid
32 for basic maintenance, subject to the rules and regulations
33 of the Illinois Department of Human Services, if the
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1 facilities of the home or institution are in conformity with
2 standards prescribed by the Department of Public Health for
3 safeguarding the health, safety, and comfort of the residents
4 thereof, and provide such services as may be prescribed by
5 the Illinois Department of Human Services for enhancing their
6 rehabilitation or increasing their capacity for self-care.
7 (Source: Laws 1967, p. 122.)
8 (305 ILCS 5/3-3) (from Ch. 23, par. 3-3)
9 Sec. 3-3. Examination as to blindness. For all purposes,
10 the Illinois Department of Human Services may accept
11 determinations as to blindness performed under the auspices
12 of the federal Social Security Administration and properly
13 certified to the Department.
14 (Source: P.A. 89-21, eff. 7-1-95.)
15 (305 ILCS 5/3-4) (from Ch. 23, par. 3-4)
16 Sec. 3-4. Examination as to disability. For all purposes,
17 the Illinois Department of Human Services may accept
18 determinations as to disability performed under the auspices
19 of the federal Social Security Administration and properly
20 certified to the Department.
21 (Source: P.A. 89-21, eff. 7-1-95.)
22 (305 ILCS 5/3-5) (from Ch. 23, par. 3-5)
23 Sec. 3-5. Amount of aid. The amount and nature of
24 financial aid granted to or in behalf of aged, blind, or
25 disabled persons shall be determined in accordance with the
26 standards, grant amounts, rules and regulations of the
27 Illinois Department of Human Services. Due regard shall be
28 given to the requirements and conditions existing in each
29 case, and to the amount of property owned and the income,
30 money contributions, and other support, and resources
31 received or obtainable by the person, from whatever source.
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1 However, the amount and nature of any financial aid is not
2 affected by the payment of any grant under the "Senior
3 Citizens and Disabled Persons Property Tax Relief and
4 Pharmaceutical Assistance Act" or any distributions or items
5 of income described under subparagraph (X) of paragraph (2)
6 of subsection (a) of Section 203 of the Illinois Income Tax
7 Act. The aid shall be sufficient, when added to all other
8 income, money contributions and support, to provide the
9 person with a grant in the amount established by Department
10 of Human Services regulation for such a person, based upon
11 standards providing a livelihood compatible with health and
12 well-being.
13 (Source: P.A. 91-676, eff. 12-23-99.)
14 (305 ILCS 5/3-5a) (from Ch. 23, par. 3-5a)
15 Sec. 3-5a. Protective payments to substitute payee. If
16 the person, by reason of his physical or mental condition, is
17 unable to manage funds, or if, for any reason, he
18 persistently mismanages the grant to the detriment of his
19 best interests, the county department, in accordance with the
20 rules and regulations of the Illinois Department of Human
21 Services, may make a protective payment by designating a
22 person who is interested in or concerned with the person's
23 welfare to receive the grant in his behalf.
24 The substitute payee shall serve without compensation and
25 assume the obligation of seeing that the grant is expended
26 for the recipient's benefit. He may spend the grant for the
27 recipient, or supervise the recipient in its use, depending
28 upon the circumstances in the case, and shall make such
29 monthly reports to the county department as the county
30 department and the Illinois Department of Human Services may
31 require.
32 The county department shall terminate the protective
33 payment when it has made a determination that the grant will
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1 be used for the recipient's welfare.
2 A substitute payee may be removed, in accordance with the
3 rules and regulations of the Illinois Department of Human
4 Services, for unsatisfactory service. Such removal may be
5 effected without hearing. The decision shall not be
6 appealable to the Illinois Department of Human Services nor
7 shall it be reviewable in the courts.
8 The county department shall conduct such periodic reviews
9 as may be required by the Illinois Department of Human
10 Services to determine whether there is a continuing need for
11 a protective payment. If it appears that the need for such
12 payment is likely to continue beyond a reasonable period, the
13 county department shall take action for appointment by the
14 circuit court of a guardian or legal representative for the
15 purpose of receiving and managing the public aid grant.
16 The person shall be advised, in advance of a
17 determination to make a protective payment, that he may
18 appeal the decision to the Illinois Department of Human
19 Services under the provisions of Section 11-8 of Article XI.
20 (Source: Laws 1967, p. 2324.)
21 (305 ILCS 5/3-8) (from Ch. 23, par. 3-8)
22 Sec. 3-8. Funeral and burial. If the estate of a
23 deceased recipient is insufficient to pay for funeral and
24 burial expenses, and if no other resources, including
25 assistance from legally responsible relatives, are available
26 for such purposes, there shall be paid, in accordance with
27 the standards, rules and regulations of the Illinois
28 Department of Human Services, such reasonable amounts as may
29 be necessary to meet costs of the funeral, burial space, and
30 cemetery charges, or to reimburse any person not financially
31 responsible for the deceased who has voluntarily made
32 expenditures for such costs.
33 (Source: P.A. 90-372, eff. 7-1-98.)
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1 (305 ILCS 5/3-9) (from Ch. 23, par. 3-9)
2 Sec. 3-9. Claim against the estate of a deceased
3 recipient. On the death of a person who has been a recipient,
4 the total amount paid under this Article shall be filed and
5 allowed as a claim against that person's estate or as a claim
6 against the estate of that person's surviving spouse. No
7 claim of the State, however, shall be enforced against any
8 real estate while it is occupied as a homestead by the
9 recipient's surviving spouse, or a relative of the recipient
10 as defined by the rules and regulations of the Illinois
11 Department of Human Services, if no claims by other creditors
12 have been filed against the estate, or, if such claims have
13 been filed, they remain dormant for failure of prosecution or
14 failure of the claimant to compel administration of the
15 estate for the purpose of payment. "Homestead", as used in
16 this Section, means the dwelling house and contiguous real
17 estate occupied by a surviving spouse, or defined relative of
18 the recipient, regardless of the value of the property.
19 The transfer of money, personal property or other
20 personal assets, or any interest therein, by a present or
21 former recipient into a joint tenancy account in a bank or
22 other institution or depository shall be prima facie evidence
23 of an intent to defeat the claim against his estate. The
24 transfer may be voided in an appropriate legal action, or the
25 Illinois Department of Human Services may consider the
26 recipient's interest in the joint tenancy account as an asset
27 of his estate for the purpose of the claim provided by this
28 Section.
29 The Illinois Department of Human Services may, by rule,
30 defer or waive the enforcement of its claim hereunder if the
31 deceased recipient is survived by a dependent spouse and
32 minor child or children, or if rehabilitative training for
33 employment or other means of self-support for the surviving
34 spouse or children is feasible and the deferment or waiver of
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1 the claim would facilitate achievement of self-support status
2 and prevent or reduce the likelihood of return to dependency
3 upon public aid.
4 The estate claim herein provided is in addition to the
5 lien claim established in Section 3-10.
6 (Source: P.A. 88-85.)
7 (305 ILCS 5/3-10.1) (from Ch. 23, par. 3-10.1)
8 Sec. 3-10.1. Execution of notice of lien. The county
9 department of the county in which the recipient resides shall
10 execute a notice of lien which shall contain the name and
11 address of the recipient, a legal description of the
12 property, the fact that a lien is being claimed for aid paid
13 under this Article, and such other information as the
14 Illinois Department of Human Services may by rule prescribe.
15 The notice shall designate the County Superintendent of
16 Public Aid in his official capacity, and his successors in
17 office, as the holder of the lien and shall be executed by
18 the County Superintendent, in his official capacity, and
19 shall be acknowledged substantially in the following form:
20 "State of Illinois, County of (name of county): I (give
21 name of the officer and his official title) certify that
22 (name and official title of superintendent of public aid)
23 personally known to me to be the same person whose name is
24 subscribed to the foregoing instrument, appeared before me
25 this day in person and acknowledged that he signed the
26 instrument as required of him by law, for the uses therein
27 set forth."
28 "Dated (insert date).
29 ...............................
30 Signature of officer (Seal)."
31 (Source: P.A. 91-357, eff. 7-29-99.)
32 (305 ILCS 5/3-10.4) (from Ch. 23, par. 3-10.4)
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1 Sec. 3-10.4. Court costs waived. The Illinois Department
2 of Human Service and county departments shall not be required
3 to furnish bond or make a deposit for or pay any costs or
4 fees of any court or officer thereof in any legal proceeding
5 involving the lien.
6 (Source: P.A. 83-889.)
7 (305 ILCS 5/3-10.5) (from Ch. 23, par. 3-10.5)
8 Sec. 3-10.5. Payment to preserve lien. To protect the
9 lien of the State for reimbursement of aid paid under this
10 Article, the Illinois Department of Human Services may, from
11 funds which are available for that purpose, pay or provide
12 for the payment of necessary or essential repairs, purchase
13 tax certificates, pay balances due on land contracts, or pay
14 or cause to be satisfied any prior liens on the property to
15 which the lien hereunder applies.
16 (Source: Laws 1967, p. 122.)
17 (305 ILCS 5/3-10.6) (from Ch. 23, par. 3-10.6)
18 Sec. 3-10.6. Release of lien. The county department,
19 under the rules and regulations of the Illinois Department of
20 Human Services, shall issue a certificate of release of lien
21 upon payment by the recipient, his spouse, heirs at law, next
22 of kin, or personal representatives, of the total amount of
23 aid to which the lien applies, or upon submission of a bond
24 with surety or sureties satisfactory to the Illinois
25 Department of Human Services, conditioned upon payment of
26 such amount. A certificate of release may also be issued upon
27 payment of the value of the property to which the lien
28 applies; in such case, the release shall reserve the
29 Department of Human Services' Illinois Department's claim for
30 the balance against subsequently discovered assets of the
31 recipient.
32 The Illinois Department of Human Services may also by
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1 rule provide for release of the lien in the case of
2 recipients who have dependent spouses and minor children or
3 for whom rehabilitative training for employment or other
4 means of self-support is feasible where release of the lien
5 would facilitate achievement of self-support status and
6 prevent or reduce the likelihood of return to dependency.
7 (Source: Laws 1967, p. 122.)
8 (305 ILCS 5/3-10.7) (from Ch. 23, par. 3-10.7)
9 Sec. 3-10.7. Foreclosure of lien. Upon the death of the
10 recipient, or prior thereto in cases of fraud if the Illinois
11 Department of Human Services deems such action necessary to
12 preserve the security of the lien, the Illinois Department of
13 Human Services, acting in behalf of the State, may foreclose
14 the lien in a judicial proceeding to the same extent and in
15 the same manner as in the enforcement of other liens. The
16 process, practice and procedure for such foreclosure shall be
17 the same as provided in the Civil Practice Law, as amended.
18 If the amount bid for the property at the sale is less
19 than the amount of the lien, or if there are no bidders, the
20 Illinois Department of Human Services may purchase the
21 property for the use of the People of the State of Illinois.
22 Property so acquired may be sold to the highest bidder, after
23 advertisement in the State official newspaper, the sale to be
24 not less than 10 days after the advertisement. Upon a sale,
25 the deed shall be executed by the Illinois Department of
26 Human Services for the use of the People of the State of
27 Illinois, and shall be signed by the Secretary of Human
28 Services Director.
29 Except in cases of fraud, the Illinois Department of
30 Human Services shall defer foreclosure proceedings on
31 property occupied as a homestead by the recipient, his
32 surviving spouse, or a relative of the recipient as defined
33 by the rules and regulations of the Illinois Department.
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1 (Source: P.A. 89-507, eff. 7-1-97.)
2 (305 ILCS 5/3-10.9) (from Ch. 23, par. 3-10.9)
3 Sec. 3-10.9. Redemption. Except as to any sale had by
4 virtue of a judgment of foreclosure in accordance with
5 Article XV of the Code of Civil Procedure, whenever real
6 estate has been or is sold at judicial or judgment sale and
7 the lien thereon in favor of the Illinois Department of Human
8 Services is junior or inferior to the lien so enforced or
9 foreclosed by or through that sale, the right to redeem in
10 any manner under or by virtue of such lien from such sale or
11 from the lien so foreclosed or enforced shall terminate at
12 the end of 12 months from the date upon which there is filed
13 for record in the office of the Recorder for the County in
14 which the lands so sold are situated, if such lands are
15 unregistered, or in the office of the Registrar of Titles for
16 such County, if such lands are registered, a certified copy
17 of the original or duplicate recorded or registered
18 certificate of such sale, such certified copy being endorsed
19 by the Secretary of Human Services Director showing service
20 of a copy of such certificate upon him or her, and upon such
21 service such officer shall make such endorsement. Such
22 service may be by United States registered or certified mail.
23 (Source: P.A. 89-507, eff. 7-1-97.)
24 (305 ILCS 5/3-10.10) (from Ch. 23, par. 3-10.10)
25 Sec. 3-10.10. Sale of property of deceased recipient
26 Order for amount of lien Preservation of lien. Whenever the
27 court having jurisdiction of the estate of a decedent
28 determines that it is necessary or desirable for the proper
29 administration of the estate to sell real property upon which
30 the State has a lien imposed by this Article, the Court shall
31 enter an order for the total amount of which the State has a
32 lien, as determined by evidence submitted to it by the
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1 Illinois Department of Human Services through the appropriate
2 county department or departments.
3 The superiority of such lien shall not be affected
4 thereby and shall be satisfied from the proceeds of sale in
5 the same manner as specified in Section 3-10.7 for
6 foreclosure of the lien. The Illinois Department of Human
7 Services shall have the same power of purchase and subsequent
8 sale as set forth in the second paragraph of Section 3-10.7.
9 The lien may be released by the county department in
10 accordance with the provisions of Section 3-10.6.
11 (Source: Laws 1967, p. 122.)
12 (305 ILCS 5/3-11) (from Ch. 23, par. 3-11)
13 Sec. 3-11. Fraudulent transfer of real property. A
14 transfer of any legal or equitable interest in real property,
15 whether vested, contingent, or inchoate, by a person who is
16 or has been a recipient, including any such transfers prior
17 to application which would have initially disqualified the
18 person as provided in Section 3-1.3, shall, under any of the
19 following conditions, be deemed prima facie fraudulent as to
20 the Illinois Department of Human Services.
21 (1.) Where the deed or assignment has not been
22 recorded or registered by the grantee, trustee, or
23 assignee
24 (2.) When the deed or assignment, even though
25 recorded or registered, fails to state the consideration
26 (3.) When the consideration for the deed or
27 assignment, even though recorded or registered, is not
28 paid
29 (4.) When the consideration for the deed or
30 assignment, even though recorded or registered, does not
31 approximate the fair, cash market value.
32 The Attorney General, upon request of the Illinois
33 Department of Human Services, shall file suit to rescind any
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1 such transfer or assignment of real property. Any aid
2 furnished under this Article shall be recoverable in any such
3 proceeding from such person or from his estate.
4 (Source: P.A. 92-111, eff. 1-1-02.)
5 (305 ILCS 5/3-13) (from Ch. 23, par. 3-13)
6 Sec. 3-13. Federal program; declaration of
7 responsibilities.: It is the position of this State that the
8 Federal Government should meet its obligation to provide
9 financial aid to those aged, blind or disabled persons
10 eligible under Article III hereof so as to assure those
11 persons a standard of living compatible with health and
12 well-being, including any supplementary aid program provided
13 to meet special or emergency needs, and it is the position of
14 this State that the Federal Government should meet its
15 obligation to provide continuing supplemental nutritional aid
16 for such persons through the federal Food Stamp Program or
17 through full reimbursement for expenditures made in lieu of
18 such Food Stamp Program.
19 (a) The Illinois Department of Human Services may, from
20 federal reimbursements received under this Section, make
21 disbursements to any attorney, or advocate working under the
22 supervision of an attorney, who represents a recipient of
23 assistance under Article VI of this Code in a program
24 administered by the Illinois Department, in an appeal of any
25 claim for federal Supplemental Security Income benefits
26 before an administrative law judge which is decided in favor
27 of such recipient. The amount of such disbursement shall be
28 equal to 25% of the maximum federal Supplemental Security
29 Income grant payable to an individual for a period of one
30 year. No such disbursement shall be made unless a petition
31 and a copy of the favorable decision is submitted by such
32 attorney or advocate to the Illinois Department of Human
33 Services within 60 days of the date of such decision. The
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1 disbursement shall be made within 30 days after the petition
2 is received. The Illinois Department of Human Services shall
3 promulgate rules and regulations necessary to implement this
4 subsection.
5 (b) The Illinois Department of Human Services shall
6 institute a State program to fully supplement the federal
7 Supplemental Security Income grants of all persons in the
8 aged, blind, or disabled categories who meet the eligibility
9 and need requirements of this Code, after having given prior
10 notice to and having consulted with the Citizens
11 Assembly/Council on Public Aid under the procedures
12 established by Section 12-4.11 hereof. The amount or amounts
13 of such supplementary payments shall be established by the
14 Secretary of Human Services Director of the Illinois
15 Department in a manner consistent with the other provisions
16 of this Article III.
17 (c) The Illinois Department of Human Services, the
18 Comptroller and the Treasurer, are authorized to disburse to
19 the Federal Government amounts appropriated to the Illinois
20 Department of Human Services for use in furnishing aid to
21 persons eligible under Article III of this Code, to receive
22 reimbursements from the Federal Government therefor, and to
23 establish administrative procedures necessary for the
24 accomplishment of such a payment system.
25 (Source: P.A. 89-21, eff. 7-1-95.)
26 (305 ILCS 5/3-14) (from Ch. 23, par. 3-14)
27 Sec. 3-14. Authorization for federal administration of
28 supplement.: The Illinois Department of Human Services is
29 authorized to enter into an agreement with the Secretary of
30 Health and Human Services, Education and Welfare for the
31 Secretary to administer, as provided in Section 1616 of the
32 Social Security Act, any or all portions of a State program
33 to supplement grants.
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1 (Source: P.A. 78-3rd S.S.-22.)
2 (305 ILCS 5/4-0.5)
3 Sec. 4-0.5. Aid to Families with Dependent Children
4 Program inoperative after June 30, 1997. The Aid to Families
5 with Dependent Children (AFDC) Program shall be inoperative
6 after June 30, 1997. Under the federal Temporary Assistance
7 for Needy Children Program the Illinois Department of Human
8 Services shall develop an alternative program of mutual
9 responsibility between the Illinois Department and the client
10 to allow the family to become self-sufficient or employed as
11 quickly as possible through (i) the provision of transitional
12 assistance to families in the form of emergency one-time
13 payments to prevent job loss, temporary assistance while
14 searching for or being trained for work, or paternity
15 establishment and child support enforcement or (ii) the
16 provision for continued work.
17 (Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97.)
18 (305 ILCS 5/4-1) (from Ch. 23, par. 4-1)
19 Sec. 4-1. Eligibility requirements. Financial aid in
20 meeting basic maintenance requirements for a livelihood
21 compatible with health and well-being shall be given under
22 this Article to or in behalf of families with dependent
23 children who meet the eligibility conditions of Sections
24 4-1.1 through 4-1.11. Persons who meet the eligibility
25 criteria authorized under this Article shall be treated
26 equally, provided that nothing in this Article shall be
27 construed to create an entitlement to a particular grant or
28 service level or to aid in amounts not authorized under this
29 Code, nor construed to limit the authority of the General
30 Assembly to change the eligibility requirements or provisions
31 respecting assistance amounts.
32 The Illinois Department of Human Services shall advise
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1 every applicant for and recipient of aid under this Article
2 of (i) the requirement that all recipients move toward
3 self-sufficiency and (ii) the value and benefits of
4 employment. As a condition of eligibility for that aid,
5 every person who applies for aid under this Article on or
6 after the effective date of this amendatory Act of 1995 shall
7 prepare and submit, as part of the application or subsequent
8 redetermination, a personal plan for achieving employment and
9 self-sufficiency. The plan shall incorporate the
10 individualized assessment and employability plan set out in
11 subsections (a) and (b) of Section 9A-8.05 and subsections
12 (a), (b), and (c) of Section 9A-8.010 (d), (f), and (g) of
13 Section 9A-8. The plan may be amended as the recipient's
14 needs change. The assessment process to develop the plan
15 shall include questions that screen for domestic violence
16 issues and steps needed to address these issues may be part
17 of the plan. If the individual indicates that he or she is a
18 victim of domestic violence, he or she may also be referred
19 to an available domestic violence program. Failure of the
20 client to follow through on the personal plan for employment
21 and self-sufficiency may be a basis for sanction under
22 Section 4-21.
23 (Source: P.A. 92-111, eff. 1-1-02.)
24 (305 ILCS 5/4-1.2) (from Ch. 23, par. 4-1.2)
25 Sec. 4-1.2. Living arrangements; parents; relatives;
26 foster care.
27 (a) The child or children must (1) be living with his or
28 their father, mother, grandfather, grandmother, brother,
29 sister, stepfather, stepmother, stepbrother, stepsister,
30 uncle or aunt, or other relative approved by the Illinois
31 Department of Human Services, in a place of residence
32 maintained by one or more of such relatives as his or their
33 own home, or (2) have been (a) removed from the home of the
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1 parents or other relatives by judicial order under the
2 Juvenile Court Act or the Juvenile Court Act of 1987, as
3 amended, (b) placed under the guardianship of the Department
4 of Children and Family Services, and (c) under such
5 guardianship, placed in a foster family home, group home or
6 child care institution licensed pursuant to the "Child Care
7 Act of 1969", approved May 15, 1969, as amended, or approved
8 by the that Department of Children and Family Services as
9 meeting standards established for licensing under that Act,
10 or (3) have been relinquished in accordance with the
11 Abandoned Newborn Infant Protection Act. A child so placed in
12 foster care who was not receiving aid under this Article in
13 or for the month in which the court proceedings leading to
14 that placement were initiated may qualify only if he lived in
15 the home of his parents or other relatives at the time the
16 proceedings were initiated, or within 6 months prior to the
17 month of initiation, and would have received aid in and for
18 that month if application had been made therefor.
19 (b) The Illinois Department of Human Services may, by
20 rule, establish those persons who are living together who
21 must be included in the same assistance unit in order to
22 receive cash assistance under this Article and the income and
23 assets of those persons in an assistance unit which must be
24 considered in determining eligibility.
25 (c) The conditions of qualification herein specified
26 shall not prejudice aid granted under this Code for foster
27 care prior to the effective date of this 1969 Amendatory Act.
28 (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
29 (305 ILCS 5/4-1.2a) (from Ch. 23, par. 4-1.2a)
30 Sec. 4-1.2a. Residents of public institutions.
31 Residents of municipal, county, state or national
32 institutions for persons with mental illness or persons with
33 a developmental disability or for the tuberculous, or
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1 residents of a home or other institution maintained by such
2 governmental bodies when not in need of institutional care
3 because of sickness, convalescence, infirmity, or chronic
4 illness, and inmates of penal or correctional institutions
5 maintained by such governmental bodies, may qualify for aid
6 under this Article only after they have ceased to be
7 residents or inmates.
8 A person shall not be deemed a resident of a State
9 institution for persons with mental illness or persons with a
10 developmental disability within the meaning of this Section
11 if he or she has been conditionally discharged by the
12 Department of Mental Health and Developmental Disabilities or
13 the Department of Human Services (acting as successor to the
14 Department of Mental Health and Developmental Disabilities)
15 and is no longer residing in the institution.
16 Recipients of benefits under this Article who become
17 residents of such institutions shall be permitted a period of
18 up to 30 days in such institutions without suspension or
19 termination of eligibility. Benefits for which such person is
20 eligible shall be restored, effective on the date of
21 discharge or release, for persons who are residents of
22 institutions. Within a reasonable time after the discharge of
23 a person who was a resident of an institution, the Department
24 of Human Services shall redetermine the eligibility of such
25 person.
26 The Department of Human Services shall provide for
27 procedures to expedite the determination of incapacity or
28 ability to engage in employment of persons scheduled to be
29 discharged from facilities operated by the Department.
30 (Source: P.A. 92-111, eff. 1-1-02.)
31 (305 ILCS 5/4-1.2c)
32 Sec. 4-1.2c. Residence of child who is pregnant or a
33 parent.
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1 (a) Notwithstanding any other provision of this Code, no
2 aid shall be paid under this Article on behalf of a person
3 under age 18 who has never married and who has a child or is
4 pregnant, unless that person resides with a parent, legal
5 guardian, or other adult relative or in a foster home,
6 maternity home, or other adult-supervised living arrangement.
7 (b) The Illinois Department of Human Services may make
8 an exception to the requirement of subsection (a) in any of
9 the following circumstances:
10 (1) The person has no living parent or legal
11 guardian, or the parent's or legal guardian's whereabouts
12 are unknown.
13 (2) The Illinois Department determines that the
14 physical health or safety of the person or the person's
15 child would be jeopardized.
16 (3) The person has lived apart from the parent or
17 legal guardian for a period of at least one year before
18 the child's birth or before applying for aid under this
19 Article.
20 (c) (Blank).
21 (Source: P.A. 92-111, eff. 1-1-02.)
22 (305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
23 Sec. 4-1.6. Need. Income available to the family as
24 defined by the Illinois Department of Human Services by rule,
25 or to the child in the case of a child removed from his or
26 her home, when added to contributions in money, substance or
27 services from other sources, including income available from
28 parents absent from the home or from a stepparent,
29 contributions made for the benefit of the parent or other
30 persons necessary to provide care and supervision to the
31 child, and contributions from legally responsible relatives,
32 must be insufficient to equal the grant amount established by
33 Department regulation for such a person.
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1 In considering income to be taken into account,
2 consideration shall be given to any expenses reasonably
3 attributable to the earning of such income. The Illinois
4 Department of Human Services may also permit all or any
5 portion of earned or other income to be set aside for the
6 future identifiable needs of a child. The Illinois Department
7 may provide by rule and regulation for the exemptions thus
8 permitted or required. The eligibility of any applicant for
9 or recipient of public aid under this Article is not affected
10 by the payment of any grant under the "Senior Citizens and
11 Disabled Persons Property Tax Relief and Pharmaceutical
12 Assistance Act" or any distributions or items of income
13 described under subparagraph (X) of paragraph (2) of
14 subsection (a) of Section 203 of the Illinois Income Tax Act.
15 The Illinois Department of Human Services may, by rule,
16 set forth criteria under which an assistance unit is
17 ineligible for cash assistance under this Article for a
18 specified number of months due to the receipt of a lump sum
19 payment.
20 (Source: P.A. 91-676, eff. 12-23-99; 92-111, eff. 1-1-02.)
21 (305 ILCS 5/4-1.7) (from Ch. 23, par. 4-1.7)
22 Sec. 4-1.7. Enforcement of parental child support
23 obligation.) If the parent or parents of the child are
24 failing to meet or are delinquent in their legal obligation
25 to support the child, the parent or other person having
26 custody of the child or the Illinois Department of Public Aid
27 may request the law enforcement officer authorized or
28 directed by law to so act to file action for the enforcement
29 of such remedies as the law provides for the fulfillment of
30 the child support obligation.
31 If a parent has a judicial remedy against the other
32 parent to compel child support, or if, as the result of an
33 action initiated by or in behalf of one parent against the
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1 other, a child support order has been entered in respect to
2 which there is noncompliance or delinquency, or where the
3 order so entered may be changed upon petition to the court to
4 provide additional support, the parent or other person having
5 custody of the child or the Illinois Department of Public Aid
6 may request the appropriate law enforcement officer to seek
7 enforcement of the remedy, or of the support order, or a
8 change therein to provide additional support. If the law
9 enforcement officer is not authorized by law to so act in
10 these instances, the parent, or if so authorized by law the
11 other person having custody of the child, or the Illinois
12 Department of Public Aid may initiate an action to enforce
13 these remedies.
14 A parent or other person having custody of the child must
15 comply with the requirements of Title IV of the federal
16 Social Security Act, and the regulations duly promulgated
17 thereunder, and any rules promulgated by the Illinois
18 Department of Public Aid regarding enforcement of the child
19 support obligation. The Illinois Department of Public Aid
20 and the Department of Human Services may provide by rule for
21 the grant or continuation of aid to the person for a
22 temporary period if he or she accepts counseling or other
23 services designed to increase his or her motivation to seek
24 enforcement of the child support obligation.
25 In addition to any other definition of failure or refusal
26 to comply with the requirements of Title IV of the federal
27 Social Security Act, or Illinois Department of Public Aid
28 rule, in the case of failure to attend court hearings, the
29 parent or other person can show cooperation by attending a
30 court hearing or, if a court hearing cannot be scheduled
31 within 14 days following the court hearing that was missed,
32 by signing a statement that the parent or other person is now
33 willing to cooperate in the child support enforcement process
34 and will appear at any later scheduled court date. The
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1 parent or other person can show cooperation by signing such a
2 statement only once. If failure to attend the court hearing
3 or other failure to cooperate results in the case being
4 dismissed, such a statement may be signed after 2 months.
5 No denial or termination of medical assistance pursuant
6 to this Section shall commence during pregnancy of the parent
7 or other person having custody of the child or for 30 days
8 after the termination of such pregnancy. The termination of
9 medical assistance may commence thereafter if the Illinois
10 Department of Public Aid determines that the failure or
11 refusal to comply with this Section persists. Postponement
12 of denial or termination of medical assistance during
13 pregnancy under this paragraph shall be effective only to the
14 extent it does not conflict with federal law or regulation.
15 Any evidence a parent or other person having custody of
16 the child gives in order to comply with the requirements of
17 this Section shall not render him or her liable to
18 prosecution under Sections 11-7 or 11-8 of the "Criminal Code
19 of 1961", approved July 28, 1961, as amended.
20 When so requested, the Illinois Department of Public Aid
21 and the Department of Human Services shall provide such
22 services and assistance as the law enforcement officer may
23 require in connection with the filing of any action
24 hereunder.
25 The Illinois Department of Public Aid and the Department
26 of Human Services, and as an expense of administration, may
27 also provide applicants for and recipients of aid with such
28 services and assistance, including assumption of the
29 reasonable costs of prosecuting any action or proceeding, as
30 may be necessary to enable them to enforce the child support
31 liability required hereunder.
32 Nothing in this Section shall be construed as a
33 requirement that an applicant or recipient file an action for
34 dissolution of marriage against his or her spouse.
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1 (Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97;
2 revised 12-13-01.)
3 (305 ILCS 5/4-1.10) (from Ch. 23, par. 4-1.10)
4 Sec. 4-1.10. Acceptance of assignment to job search,
5 training and work programs. An individual for whom the job
6 search, training and work programs established under Article
7 IXA are applicable must accept assignment to such programs.
8 The Illinois Department of Human Services and the local
9 governmental unit shall determine, pursuant to rules and
10 regulations, sanctions for persons failing to comply with the
11 requirements under this Section. However, no participant
12 shall be sanctioned for failure to satisfy job search
13 requirements before a full assessment of the participant's
14 job readiness and employability, except that for those
15 persons subject to the job search program operated under this
16 Section an assessment as defined by rule at the time of
17 intake will meet the assessment requirement. No participant
18 shall be sanctioned for failure to satisfy the minimum number
19 of employer contacts if the participant made a good faith
20 effort.
21 (Source: P.A. 92-111, eff. 1-1-02.)
22 (305 ILCS 5/4-1.12)
23 Sec. 4-1.12. Five year limitation. No assistance unit
24 shall be eligible for a cash grant under this Article if it
25 includes an adult who has received cash assistance as an
26 adult for 60 months, whether or not consecutive, after the
27 effective date of this amendatory Act of 1997. The Illinois
28 Department of Human Services may exempt individual assistance
29 units from the 60-month limitation or determine circumstances
30 under which a month or months would not count towards the
31 60-month limitation even though the assistance unit did
32 receive cash assistance under this Article.
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1 (Source: P.A. 90-17, eff. 7-1-97.)
2 (305 ILCS 5/4-2) (was 305 ILCS 5/4-2, subsec. (a))
3 Sec. 4-2. Amount of aid, generally. (a) The amount and
4 nature of financial aid shall be determined in accordance
5 with the grant amounts, rules and regulations of the Illinois
6 Department of Human Services. Due regard shall be given to
7 the self-sufficiency requirements of the family and to the
8 income, money contributions and other support and resources
9 available, from whatever source. However, the amount and
10 nature of any financial aid is not affected by the payment of
11 any grant under the "Senior Citizens and Disabled Persons
12 Property Tax Relief and Pharmaceutical Assistance Act" or any
13 distributions or items of income described under subparagraph
14 (X) of paragraph (2) of subsection (a) of Section 203 of the
15 Illinois Income Tax Act. The aid shall be sufficient, when
16 added to all other income, money contributions and support to
17 provide the family with a grant in the amount established by
18 Department of Human Services regulation.
19 (Source: P.A. 91-676, eff. 12-23-99; 92-111, eff. 1-1-02.)
20 (305 ILCS 5/4-2.5 new) (was 305 ILCS 5/4-2, subsec. (c))
21 Sec. 4-2.5. Amount of aid; child requiring care outside
22 home. (c) The amount and nature of the financial aid for a
23 child requiring care outside his own home shall be determined
24 in accordance with the rules and regulations of the Illinois
25 Department of Human Services, with due regard to the needs
26 and requirements of the child in the foster home or
27 institution in which he has been placed.
28 (Source: P.A. 91-676, eff. 12-23-99; 92-111, eff. 1-1-02.)
29 (305 ILCS 5/4-2.10 new) (was 305 ILCS 5/4-2, subsec. (d))
30 Sec. 4-2.10. Amount of aid; pregnant woman with no
31 dependent child.
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1 (a) (d) If the Department of Human Services establishes
2 grants for family units consisting exclusively of a pregnant
3 woman with no dependent child or including her husband if
4 living with her, the grant amount for such a unit shall be
5 equal to the grant amount for an assistance unit consisting
6 of one adult, or 2 persons if the husband is included. Other
7 than as herein described, an unborn child shall not be
8 counted in determining the size of an assistance unit or for
9 calculating grants.
10 (b) Payments for basic maintenance requirements of a
11 child or children and the relative with whom the child or
12 children are living shall be prescribed, by rule, by the
13 Illinois Department of Human Services.
14 (c) Grants under this Article shall not be supplemented
15 by General Assistance provided under Article VI.
16 (Source: P.A. 91-676, eff. 12-23-99; 92-111, eff. 1-1-02.)
17 (305 ILCS 5/4-2.15 new) (was 305 ILCS 5/4-2, subsecs. (f)
18 and (g))
19 Sec. 4-2.15. Grant increase after birth of child.
20 (a) (f) An assistance unit, receiving financial aid
21 under this Article or temporarily ineligible to receive aid
22 under this Article under a penalty imposed by the Illinois
23 Department of Human Services for failure to comply with the
24 eligibility requirements or that voluntarily requests
25 termination of financial assistance under this Article and
26 becomes subsequently eligible for assistance within 9 months,
27 shall not receive any increase in the amount of aid solely on
28 account of the birth of a child; except that an increase is
29 not prohibited when the birth is (i) of a child of a pregnant
30 woman who became eligible for aid under this Article during
31 the pregnancy, or (ii) of a child born within 10 months after
32 the date of implementation of this Section subsection, or
33 (iii) of a child conceived after a family became ineligible
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1 for assistance due to income or marriage and at least 3
2 months of ineligibility expired before any reapplication for
3 assistance. This Section subsection does not, however,
4 prevent a unit from receiving a general increase in the
5 amount of aid that is provided to all recipients of aid under
6 this Article.
7 (b) The Illinois Department of Human Services is
8 authorized to transfer funds, and shall use any budgetary
9 savings attributable to not increasing the grants due to the
10 births of additional children, to supplement existing funding
11 for employment and training services for recipients of aid
12 under this Article IV. The Illinois Department shall target,
13 to the extent the supplemental funding allows, employment and
14 training services to the families who do not receive a grant
15 increase after the birth of a child. In addition, the
16 Illinois Department shall provide, to the extent the
17 supplemental funding allows, such families with up to 24
18 months of transitional child care pursuant to Illinois
19 Department rules. All remaining supplemental funds shall be
20 used for employment and training services or transitional
21 child care support.
22 (c) In making the transfers authorized by this
23 subsection (b), the Illinois Department of Human Services
24 shall first determine, pursuant to regulations adopted by the
25 Illinois Department for this purpose, the amount of savings
26 attributable to not increasing the grants due to the births
27 of additional children. Transfers may be made from General
28 Revenue Fund appropriations for distributive purposes
29 authorized by Article IV of this Code only to General Revenue
30 Fund appropriations for employability development services
31 including operating and administrative costs and related
32 distributive purposes under Article IXA of this Code. The
33 Secretary of Human Services Director, with the approval of
34 the Governor, shall certify the amount and affected line item
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1 appropriations to the State Comptroller.
2 (d) Nothing in this Section subsection shall be
3 construed to prohibit the Illinois Department of Human
4 Services from using funds under this Article IV to provide
5 assistance in the form of vouchers that may be used to pay
6 for goods and services deemed by the Illinois Department, by
7 rule, as suitable for the care of the child such as diapers,
8 clothing, school supplies, and cribs.
9 (g) (Blank).
10 (Source: P.A. 91-676, eff. 12-23-99; 92-111, eff. 1-1-02.)
11 (305 ILCS 5/4-2.20 new) (was 305 ILCS 5/4-2, subsec. (h))
12 Sec. 4-2.20. Reductions and increases in payment levels.
13 (a) (h) Notwithstanding any other provision of this
14 Code, the Illinois Department of Human Services is authorized
15 to reduce payment levels used to determine cash grants under
16 this Article after December 31 of any fiscal year if the
17 Illinois Department determines that the caseload upon which
18 the appropriations for the current fiscal year are based have
19 increased by more than 5% and the appropriation is not
20 sufficient to ensure that cash benefits under this Article do
21 not exceed the amounts appropriated for those cash benefits.
22 (b) Reductions in payment levels may be accomplished by
23 emergency rule under Section 5-45 of the Illinois
24 Administrative Procedure Act, except that the limitation on
25 the number of emergency rules that may be adopted in a
26 24-month period shall not apply and the provisions of
27 Sections 5-115 and 5-125 of the Illinois Administrative
28 Procedure Act shall not apply.
29 (c) Increases in payment levels shall be accomplished
30 only in accordance with Section 5-40 of the Illinois
31 Administrative Procedure Act. Before any rule to increase
32 payment levels promulgated under Sections 4-2 through this
33 Section shall become effective, a joint resolution approving
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1 the rule must be adopted by a roll call vote by a majority of
2 the members elected to each chamber of the General Assembly.
3 (Source: P.A. 91-676, eff. 12-23-99; 92-111, eff. 1-1-02.)
4 (305 ILCS 5/4-2.25 new) (was 305 ILCS 5/4-2, subsec. (e))
5 Sec. 4-2.25. Person to whom grant is paid. (e) Grants
6 shall be paid to the parent or other person with whom the
7 child or children are living, except for such amount as is
8 paid in behalf of the child or his parent or other relative
9 to other persons or agencies pursuant to this Code or the
10 rules and regulations of the Illinois Department of Human
11 Services.
12 (Source: P.A. 91-676, eff. 12-23-99; 92-111, eff. 1-1-02.)
13 (305 ILCS 5/4-2.30 new) (was 305 ILCS 5/4-2, subsec. (b))
14 Sec. 4-2.30. Grant diversion projects. (b) The Illinois
15 Department of Human Services may conduct special projects,
16 which may be known as Grant Diversion Projects, under which
17 recipients of financial aid under this Article are placed in
18 jobs and their grants are diverted to the employer who in
19 turn makes payments to the recipients in the form of salary
20 or other employment benefits. The Illinois Department shall
21 by rule specify the terms and conditions of such Grant
22 Diversion Projects. Such projects shall take into
23 consideration and be coordinated with the programs
24 administered under the Illinois Emergency Employment
25 Development Act. insert
26 (Source: P.A. 91-676, eff. 12-23-99; 92-111, eff. 1-1-02.)
27 (305 ILCS 5/4-3a) (from Ch. 23, par. 4-3a)
28 Sec. 4-3a. Handicapped children; special education. No
29 otherwise qualified handicapped child receiving special
30 education and related services under Article 14 of the School
31 Code shall solely by reason of his or her handicap be
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1 excluded from the participation in or be denied the benefits
2 of or be subjected to discrimination under any program or
3 activity provided by the Department of Human Services.
4 (Source: P.A. 80-1403.)
5 (305 ILCS 5/4-4.1)
6 Sec. 4-4.1. Immunizations.
7 (a) The Illinois Department of Public Aid shall develop
8 and implement and that Department and the Department of Human
9 Services shall jointly continue by rule a program to ensure
10 that children under 5 years of age living in assistance units
11 that receive benefits under this Code are immunized. The
12 Illinois Department of Public Aid shall report to the
13 Governor and the General Assembly on the progress of the
14 program on April 1, 1994 and 1995.
15 (b) Nothing in this Section shall be construed to
16 require immunization of any child in contravention of the
17 stated objections of a parent, guardian, or relative with
18 custody of a child that the administration of immunizing
19 agents conflicts with his or her religious tenets and
20 practices.
21 (Source: P.A. 88-342; 89-507, eff. 7-1-97.)
22 (305 ILCS 5/4-7) (from Ch. 23, par. 4-7)
23 Sec. 4-7. Home visits, interviews or communications. Each
24 family receiving aid shall be interviewed in person or
25 communicated with in investigations of applications for aid
26 and at least once in each subsequent 12 month period to
27 ascertain continuing need for such aid and to provide the
28 child and his parents or relatives with such service and
29 guidance as will strengthen family life and aid them in
30 utilizing to the maximum their capacities for self-care,
31 self-support, and responsible citizenship. However, the
32 Department of Human Services shall determine those assistance
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1 units where the possibility for public assistance fraud or
2 abuse is greatest, or where there is the possibility of
3 frequent changes in need or circumstances, or where any child
4 in the home may be an abused or neglected child as determined
5 by the Department of Children and Family Services under the
6 Abused and Neglected Child Reporting Act, as now or hereafter
7 amended, and shall by rule provide for more frequent
8 interviews of or communications with those assistance units
9 and for the implementation of necessary remedies under
10 Sections 4-8 through 4-8.20 and Section 4-9 for those
11 assistance units. Written reports of such interviews or
12 communications and any related remedies shall become a part
13 of the record in every case.
14 (Source: P.A. 85-1209.)
15 (305 ILCS 5/4-8) (was 305 ILCS 5/4-8, subsec. (a), in
16 part)
17 Sec. 4-8. Mismanagement of assistance grant. (a) If the
18 county department has reason to believe that the money
19 payment for basic maintenance is not being used, or may not
20 be used, in the best interests of the child and the family
21 and that there is present or potential damage to the
22 standards of health and well-being that the grant is intended
23 to assure, the county department shall provide the parent or
24 other relative with the counseling and guidance services with
25 respect to the use of the grant and the management of other
26 funds available to the family as may be required to assure
27 use of the grant in the best interests of the child and
28 family.
29 (Source: P.A. 91-357, eff. 7-29-99; 92-111, eff. 1-1-02.)
30 (305 ILCS 5/4-8.5 new) (was 305 ILCS 5/4-8, subsec. (a),
31 in part)
32 Sec. 4-8.5. Evidence of grant mismanagement. The Illinois
-43- LRB9209402DJgc
1 Department of Human Services shall by rule prescribe criteria
2 which shall constitute evidence of grant mismanagement. The
3 criteria shall include but not be limited to the following:
4 (1) A determination that a child in the assistance
5 unit is not receiving proper and necessary support or
6 other care for which assistance is being provided under
7 this Code.
8 (2) A record establishing that the parent or
9 relative has been found guilty of public assistance fraud
10 under Article VIIIA.
11 (3) A determination by an appropriate person,
12 entity, or agency that the parent or other relative
13 requires treatment for alcohol or substance abuse, mental
14 health services, or other special care or treatment.
15 The Department of Human Services shall at least consider
16 non-payment of rent for two consecutive months as evidence of
17 grant mismanagement by a parent or relative of a recipient
18 who is responsible for making rental payments for the housing
19 or shelter of the child or family, unless the Department
20 determines that the non-payment is necessary for the
21 protection of the health and well-being of the recipient. The
22 county department shall advise the parent or other relative
23 grantee that continued mismanagement will result in the
24 application of one of the sanctions specified in Sections 4-8
25 through 4-8.20 this Section.
26 (Source: P.A. 91-357, eff. 7-29-99; 92-111, eff. 1-1-02.)
27 (305 ILCS 5/4-8.10 new) (was 305 ILCS 5/4-8, subsec. (a),
28 in part)
29 Sec. 4-8.10. Irregular school attendance.
30 (a) The Illinois Department of Human Services shall
31 consider irregular school attendance by children of school
32 age grades 1 through 8, as evidence of lack of proper and
33 necessary support or care. The Department may extend this
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1 consideration to children in grades higher than 8.
2 (b) The Illinois Department of Human Services shall
3 develop preventive programs in collaboration with school and
4 social service networks to encourage school attendance of
5 children receiving assistance under Article IV. To the
6 extent that Illinois Department of Human Services and
7 community resources are available, the programs shall serve
8 families whose children in grades 1 through 8 are not
9 attending school regularly, as defined by the school. The
10 Department may extend these programs to families whose
11 children are in grades higher than 8. The programs shall
12 include referrals from the school to a social service
13 network, assessment and development of a service plan by one
14 or more network representatives, and the Illinois
15 Department's encouragement of the family to follow through
16 with the service plan. Families that fail to follow the
17 service plan as determined by the service provider, shall be
18 subject to the protective payment provisions of Sections 4-8
19 through 4-8.20 this Section and Section 4-9 of this Code.
20 (c) Families for whom a protective payment plan has been
21 in effect for at least 3 months and whose school children
22 continue to regularly miss school shall be subject to
23 sanction under Section 4-21. The sanction shall continue
24 until the children demonstrate satisfactory attendance, as
25 defined by the school. To the extent necessary to implement
26 this Section, the Illinois Department of Human Services shall
27 seek appropriate waivers of federal requirements from the
28 U.S. Department of Health and Human Services.
29 (Source: P.A. 91-357, eff. 7-29-99; 92-111, eff. 1-1-02.)
30 (305 ILCS 5/4-8.15 new) (was 305 ILCS 5/4-8, subsec. (b))
31 Sec. 4-8.15. Substance abuse; assessment and treatment.
32 (a) (b) In areas of the State where clinically
33 appropriate substance abuse treatment capacity is available,
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1 if the Department of Human Services local office has reason
2 to believe that a caretaker relative is experiencing
3 substance abuse, the local office shall refer the caretaker
4 relative to a licensed treatment provider for assessment. If
5 the assessment indicates that the caretaker relative is
6 experiencing substance abuse, the local office shall require
7 the caretaker relative to comply with all treatment
8 recommended by the assessment.
9 (b) If the caretaker relative refuses without good
10 cause, as determined by rules of the Illinois Department of
11 Human Services, to submit to the assessment or treatment, the
12 caretaker relative shall be ineligible for assistance, and
13 the Department of Human Services local office shall take one
14 or more of the following actions:
15 (1) (i) If there is another family member or friend
16 who is ensuring that the family's needs are being met,
17 that person, if willing, shall be assigned as protective
18 payee.
19 (2) (ii) If there is no family member or close
20 friend to serve as protective payee, the local office
21 shall provide for a protective payment to a substitute
22 payee as provided in Section 4-9. The Department also
23 shall determine whether a referral to the Department of
24 Children and Family Services is warranted and, if
25 appropriate, shall make the referral.
26 (3) (iii) The Department shall contact the
27 individual who is thought to be experiencing substance
28 abuse and explain why the protective payee has been
29 assigned and refer the individual to treatment.
30 (Source: P.A. 91-357, eff. 7-29-99; 92-111, eff. 1-1-02.)
31 (305 ILCS 5/4-8.20 new) (was 305 ILCS 5/4-8, subsec. (c))
32 Sec. 4-8.20. Failure of efforts to correct
33 mismanagement.
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1 (c) This Section subsection (c) applies to cases other
2 than those described in Section 4-8.15 subsection (b). If
3 the efforts to correct the mismanagement of the grant have
4 failed, the county department, in accordance with the rules
5 and regulations of the Illinois Department of Human Services,
6 shall initiate one or more of the following actions:
7 (1) 1. Provide for a protective payment to a
8 substitute payee, as provided in Section 4-9. This
9 action may be initiated for any assistance unit
10 containing a child determined to be neglected by the
11 Department of Children and Family Services under the
12 Abused and Neglected Child Reporting Act, and in any case
13 involving a record of public assistance fraud.
14 (2) 2. Provide for issuance of all or part of the
15 grant in the form of disbursing orders. This action may
16 be initiated in any case involving a record of public
17 assistance fraud, or upon the request of a substitute
18 payee designated under Section 4-9.
19 (3) 3. File a petition under the Juvenile Court Act
20 of 1987 for an Order of Protection under Section 2-25,
21 2-26, 3-26, 3-27, 4-23, 4-24, 5-730, or 5-735 of that
22 Act.
23 (4) 4. Institute a proceeding under the Juvenile
24 Court Act of 1987 for the appointment of a guardian or
25 legal representative for the purpose of receiving and
26 managing the public aid grant.
27 (5) 5. If the mismanagement of the grant, together
28 with other factors, has rendered the home unsuitable for
29 the best welfare of the child, file a neglect petition
30 under the Juvenile Court Act of 1987, requesting the
31 removal of the child or children.
32 (Source: P.A. 91-357, eff. 7-29-99; 92-111, eff. 1-1-02.)
33 (305 ILCS 5/4-9) (from Ch. 23, par. 4-9)
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1 Sec. 4-9. Protective payment to substitute payee. If the
2 parent or other grantee relative persistently mismanages the
3 grant to the detriment of the child and the family but there
4 is reason to believe that, with specialized counseling and
5 guidance services, the parent or relative may develop ability
6 to manage the funds properly, the county department, in
7 accordance with the rules and regulations of the Illinois
8 Department of Human Services, may designate a person who is
9 interested in or concerned with the welfare of the child and
10 its family to receive the aid payment on behalf of the
11 family. The county department may designate private welfare
12 or social service agencies to serve as substitute payees in
13 appropriate cases.
14 The substitute payee shall serve without compensation and
15 assume the obligation of seeing that the aid payment is
16 expended for the benefit of the child and the family. He may
17 spend the grant for the family, or supervise the parent or
18 other relative in the use of the grant, depending upon the
19 circumstances in each case, and shall make monthly reports to
20 the county department as the county department and the
21 Illinois Department of Human services may require.
22 The county department shall terminate the protective
23 payment when it is no longer necessary to assure that the
24 grant is being used for the welfare of the child and family,
25 or when the parent or other relative is no longer receiving
26 and no longer requires treatment for alcohol or substance
27 abuse, mental health services, or other special care or
28 treatment.
29 A substitute payee may be removed, in accordance with the
30 rules and regulations of the Illinois Department of Human
31 Services, for unsatisfactory service. The removal may be
32 effected without hearing. The decision shall not be
33 appealable to the Illinois Department of Human Services nor
34 shall it be reviewable in the courts.
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1 The county department shall conduct periodic reviews as
2 may be required by the Illinois Department of Human Services
3 to determine whether there is a continuing need for a
4 protective payment. If it appears that the need for the
5 payment is likely to continue beyond a reasonable period, the
6 county department shall take one of the other actions set out
7 in Sections Section 4-8 through 4-8.20.
8 The parent or other relative shall be advised, in advance
9 of a determination to make a protective payment, that he may
10 appeal the decision to the Illinois Department of Human
11 Services under the provisions of Section 11-8 of Article XI.
12 (Source: P.A. 87-528; 87-895.)
13 (305 ILCS 5/4-10) (from Ch. 23, par. 4-10)
14 Sec. 4-10. Funeral and burial. If the estate of a
15 deceased recipient is insufficient to pay for funeral and
16 burial expenses, and if no other resources, including
17 assistance from legally responsible relatives, are available
18 for such purposes, there shall be paid, in accordance with
19 the standards, rules and regulations of the Illinois
20 Department of Human Services, such reasonable amounts as may
21 be necessary to meet costs of the funeral, burial space, and
22 cemetery charges or to reimburse any person not financially
23 responsible for the deceased who has voluntarily made
24 expenditures for such costs.
25 (Source: P.A. 90-372, eff. 7-1-98.)
26 (305 ILCS 5/4-12) (from Ch. 23, par. 4-12)
27 Sec. 4-12. Crisis assistance.
28 (a) Where a family has been (1) rendered homeless or
29 threatened with homelessness by fire, flood, other natural
30 disaster, eviction or court order to vacate the premises for
31 reasons other than nonpayment of rent, or where a spouse and
32 child have become homeless because they have left the
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1 residence occupied by a spouse who was physically abusing the
2 now homeless spouse or child; (2) deprived of essential items
3 of furniture or essential clothing by fire or flood or other
4 natural disaster; (3) deprived of food as a result of actions
5 other than loss or theft of cash and where the deprivation
6 cannot be promptly alleviated through the federal food stamp
7 program; (4) as a result of a documented theft or documented
8 loss of cash, deprived of food or essential clothing or
9 deprived of shelter or immediately threatened with
10 deprivation of shelter as evidenced by a court order
11 requiring immediate eviction due to nonpayment of rent; or
12 (5) rendered the victim of such other hardships as the
13 Illinois Department of Human Services shall by rule define,
14 the Illinois Department of Human Services may provide
15 assistance to alleviate such needs.
16 (b) The Illinois Department of Human Services shall
17 verify need and determine eligibility for crisis assistance
18 for families already receiving grants from the Illinois
19 Department within 5 working days following application for
20 such assistance and shall determine eligibility for all other
21 families and afford such assistance for families found
22 eligible within such time limits as the Illinois Department
23 shall by rule provide.
24 (c) The Illinois Department of Human Services may, by
25 rule, limit crisis assistance to an eligible family to once
26 in any 12 consecutive months. This limitation may be made
27 for some or all items of crisis assistance.
28 (d) The Illinois Department of Human Services by
29 regulation shall specify the criteria for determining
30 eligibility and the amount and nature of assistance to be
31 provided. Where deprivation of shelter exists or is
32 threatened, the Illinois Department may provide reasonable
33 moving expenses, short term rental costs, including one
34 month's rent and a security deposit where such expenses are
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1 needed for relocation, and, where the Department determines
2 appropriate, provide assistance to prevent an imminent
3 eviction or foreclosure. These amounts may be described in
4 established amounts or maximums. The Illinois Department may
5 also describe, for each form of assistance authorized, the
6 method by which the assistance shall be delivered, including
7 but not limited to warrants or disbursing orders.
8 (e) Annual expenditures under this Section shall not
9 exceed $2,000,000. The Illinois Department of Human Services
10 shall review such expenditures quarterly and shall, if
11 necessary, reduce the amounts or nature of assistance
12 authorized in order to assure that the limit is not exceeded.
13 (Source: P.A. 90-17, eff. 7-1-97.)
14 (305 ILCS 5/4-17)
15 Sec. 4-17. Targeted jobs TANF project.
16 (a) The Illinois Department of Human Services shall
17 operate a targeted jobs TANF project under which individuals
18 whose youngest child is 13 years of age or older shall be
19 required to seek and accept employment. Cash assistance for
20 these individuals shall be limited to 24 months unless the
21 individual is working, as defined by rule, or is
22 participating in a pay-after-performance program. The
23 addition to the household of a child under 13 years of age or
24 the birth of a child more than 10 months after enrollment
25 into the targeted jobs TANF project shall not extend the
26 period of eligibility.
27 (b) (Blank).
28 (c) (Blank).
29 (Source: P.A. 92-111, eff. 1-1-02.)
30 (305 ILCS 5/4-21)
31 Sec. 4-21. Sanctions.
32 (a) The Illinois Department of Human Services shall, by
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1 rule, establish a system of sanctions for persons who fail to
2 cooperate, without good cause, with employment and training
3 programs or other programs under this Article or Article IXA
4 or who fail to cooperate with child support programs under
5 this Article, Article X, or Title IV of the federal Social
6 Security Act. The sanctions may discontinue all or part of
7 the cash grant provided under this Article. The sanctions
8 may be time limited or continue until the person cooperates
9 in the program. The sanctions may be progressive in that a
10 second, third, or further sanction may be progressively more
11 severe or last longer.
12 (b) The Illinois Department of Human Services shall, by
13 rule, define what constitutes failure to cooperate and what
14 constitutes good cause which would excuse that failure.
15 (Source: P.A. 90-17, eff. 7-1-97.)
16 (305 ILCS 5/4-22)
17 Sec. 4-22. Domestic violence.
18 (a) The assessment process to develop the personal plan
19 for achieving self-sufficiency shall include questions that
20 screen for domestic violence issues. If the individual
21 indicates that he or she is the victim of domestic violence
22 and indicates a need to address domestic violence issues in
23 order to reach self-sufficiency, the plan shall take this
24 factor into account in determining the work, education, and
25 training activities suitable to the client for achieving
26 self-sufficiency. In addition, in such a case, specific
27 steps needed to directly address the domestic violence issues
28 may also be made part of the plan, including referral to an
29 available domestic violence program.
30 (b) The Illinois Department of Human Services shall
31 develop and monitor compliance procedures for its employees,
32 contractors, and subcontractors to ensure that any
33 information pertaining to any client who claims to be a past
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1 or present victim of domestic violence or an individual at
2 risk of further domestic violence, whether provided by the
3 victim or by a third party, will remain confidential.
4 (c) The Illinois Department of Human Services shall
5 develop and implement a domestic violence training curriculum
6 for Illinois Department employees who serve applicants for
7 and recipients of aid under this Article. The curriculum
8 shall be designed to better equip those employees to identify
9 and serve domestic violence victims. The Illinois Department
10 may enter into a contract for the development of the
11 curriculum with one or more organizations providing services
12 to domestic violence victims. The Illinois Department shall
13 adopt rules necessary to implement this subsection.
14 (Source: P.A. 90-17, eff. 7-1-97; 91-759, eff. 1-1-01.)
15 (305 ILCS 5/5-1.1) (from Ch. 23, par. 5-1.1)
16 Sec. 5-1.1. Definitions. The terms defined in this
17 Section shall have the meanings ascribed to them, except when
18 the context otherwise requires.
19 (a) "Skilled nursing facility" means a nursing home
20 eligible to participate as a skilled nursing facility under
21 Title XIX of the federal Social Security Act.
22 (b) "Intermediate care facility" means a nursing home
23 eligible to participate as an intermediate care facility
24 under Title XIX of the federal Social Security Act.
25 (c) "Standard services" means those services required
26 for the care of all patients in the facility and shall as a
27 minimum include the following: (1) administration; (2)
28 dietary (standard); (3) housekeeping; (4) laundry and linen;
29 (5) maintenance of property and equipment, including
30 utilities; (6) medical records; (7) training of employees;
31 (8) utilization review; (9) activities services; (10) social
32 services; (11) disability services; and all other similar
33 services required by either the laws of the State of Illinois
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1 or one of its political subdivisions or municipalities or by
2 Title XIX of the Social Security Act.
3 (d) "Patient services" means those which vary with the
4 number of personnel; professional and para-professional
5 skills of the personnel; specialized equipment, and reflect
6 the intensity of the medical and psycho-social needs of the
7 patients. Patient services shall as a minimum include: (1)
8 physical services; (2) nursing services, including
9 restorative nursing; (3) medical direction and patient care
10 planning; (4) health related supportive and habilitative
11 services and all similar services required by either the laws
12 of the State of Illinois or one of its political subdivisions
13 or municipalities or by Title XIX of the Social Security Act.
14 (e) "Ancillary services" means those services which
15 require a specific physician's order and defined as under the
16 medical assistance program as not being routine in nature for
17 skilled nursing and intermediate care facilities. Such
18 services generally must be authorized prior to delivery and
19 payment as provided for under the rules of the Department of
20 Public Aid.
21 (f) "Capital" means the investment in a facility's
22 assets for both debt and non-debt funds. Non-debt capital is
23 the difference between an adjusted replacement value of the
24 assets and the actual amount of debt capital.
25 (g) "Profit" means the amount which shall accrue to a
26 facility as a result of its revenues exceeding its expenses
27 as determined in accordance with generally accepted
28 accounting principles.
29 (h) "Non-institutional services" means those services
30 provided under paragraph (f) of Section 3 of the Disabled
31 Persons Rehabilitation Act and those services provided under
32 Section 4.02 of the Illinois Act on the Aging.
33 (i) "Exceptional medical care" means the level of
34 medical care required by persons who are medically stable for
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1 discharge from a hospital but who require acute intensity
2 hospital level care for physician, nurse and ancillary
3 specialist services, including persons with acquired
4 immunodeficiency syndrome (AIDS) or a related condition.
5 Such care shall consist of those services which the
6 Department of Public Aid shall determine by rule.
7 (j) "Institutionalized person" means an individual who
8 is an inpatient in an intermediate care or skilled nursing
9 facility, or who is an inpatient in a medical institution
10 receiving a level of care equivalent to that of an
11 intermediate care or skilled nursing facility, or who is
12 receiving services under Section 1915(c) of the Social
13 Security Act.
14 (k) "Institutionalized spouse" means an
15 institutionalized person who is expected to receive services
16 at the same level of care for at least 30 days and is married
17 to a spouse who is not an institutionalized person.
18 (l) "Community spouse" is the spouse of an
19 institutionalized spouse.
20 (Source: P.A. 89-626, eff. 8-9-96.)
21 (305 ILCS 5/5-1.2)
22 Sec. 5-1.2. Recipient eligibility verification.
23 (a) The Illinois Department of Public Aid shall initiate
24 a statewide system by which providers and sites of medical
25 care can electronically verify recipient eligibility for aid
26 under this Article. High-volume providers and sites of
27 medical care, as defined by the Illinois Department by rule,
28 shall be required to participate in the eligibility
29 verification system. Every non-high-volume provider and site
30 of medical care shall be afforded the opportunity to
31 participate in the eligibility verification system. The
32 Illinois Department shall provide by rule for implementation
33 of the system, which may be accomplished in phases over time
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1 and by geographic region, recipient classification, and
2 provider type. The system shall initially be implemented in,
3 but not limited to, the following zip codes in Cook County:
4 60601, 60602, 60603, 60604, 60605, 60606, 60607, 60608,
5 60609, 60612, and 60616. The system shall be implemented
6 within 6 months after approval by the federal government.
7 The Illinois Department of Public Aid shall report to the
8 General Assembly by December 31, 1994 on the status of the
9 Illinois Department's application to the federal government
10 for approval of this system. The recipient eligibility
11 verification system may be coordinated with the Electronic
12 Benefits Transfer system established by Section 11-3.1 of
13 this Code and compatible with any of the methods for the
14 delivery of medical care and services authorized by this
15 Article. The system shall make available to providers the
16 history of claims for medical services submitted to the
17 Illinois Department of Public Aid for those services provided
18 to the recipient. The Illinois Department of Public Aid
19 shall develop safeguards to protect each recipient's health
20 information from misuse or unauthorized disclosure.
21 (b) The Illinois Department of Public Aid shall conduct
22 a demonstration project in at least 2 geographic locations
23 for the purpose of assessing the effectiveness of a recipient
24 photo identification card in reducing abuses in the provision
25 of services under this Article. In order to receive medical
26 care, recipients included in this demonstration project must
27 present a Medicaid card and photo identification card. The
28 Illinois Department shall apply for any federal waivers or
29 approvals necessary to conduct this demonstration project.
30 The demonstration project shall become operational (i) 12
31 months after the effective date of this amendatory Act of
32 1994 or (ii) after the Illinois Department's receipt of all
33 necessary federal waivers and approvals, whichever occurs
34 later, and shall operate for 12 months.
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1 (Source: P.A. 88-554, eff. 7-26-94.)
2 (305 ILCS 5/5-2) (was 305 ILCS 5/5-2, in part)
3 Sec. 5-2. Classes of Persons Eligible. Medical
4 assistance under this Article shall be available to any of
5 the following classes of persons described in the Sections
6 following this Section and preceding Section 5-2.0100 in
7 respect to whom a plan for coverage has been submitted to the
8 Governor by the Illinois Department of Public Aid and
9 approved by him.:
10 (Source: P.A. 91-676, eff. 12-23-99; 91-699, eff. 7-1-00;
11 91-712, eff. 7-1-00; 92-16, eff. 6-28-01; 92-47, eff.
12 7-3-01.)
13 (305 ILCS 5/5-2.05 new) (was 305 ILCS 5/5-2, par. 1)
14 Sec. 5-2.05. Recipients of basic maintenance grants.
15 Medical assistance under this Article shall be available to
16 the following class of persons in respect to whom a plan for
17 coverage has been submitted to the Governor by the Department
18 of Public Aid and approved by him: 1. recipients of basic
19 maintenance grants under Articles III and IV.
20 (Source: P.A. 91-676, eff. 12-23-99; 91-699, eff. 7-1-00;
21 91-712, eff. 7-1-00; 92-16, eff. 6-28-01; 92-47, eff.
22 7-3-01.)
23 (305 ILCS 5/5-2.010 new) (was 305 ILCS 5/5-2, par. 2)
24 Sec. 5-2.010. Persons failing to qualify for basic
25 maintenance on the basis of need. Medical assistance under
26 this Article shall be available to the following class of
27 persons in respect to whom a plan for coverage has been
28 submitted to the Governor by the Department of Public Aid and
29 approved by him: 2. persons otherwise eligible for basic
30 maintenance under Articles III and IV but who fail to qualify
31 thereunder on the basis of need, and who have insufficient
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1 income and resources to meet the costs of necessary medical
2 care, including but not limited to the following:
3 (1) (a) All persons otherwise eligible for basic
4 maintenance under Article III but who fail to qualify
5 under that Article on the basis of need and who meet
6 either of the following requirements:
7 (A) (i) their income, as determined by the
8 Illinois Department of Public Aid in accordance with
9 any federal requirements, is equal to or less than
10 70% in fiscal year 2001, equal to or less than 85%
11 in fiscal year 2002, and equal to or less than 100%
12 in fiscal year 2003 and thereafter of the nonfarm
13 income official poverty line, as defined by the
14 federal Office of Management and Budget and revised
15 annually in accordance with Section 673(2) of the
16 Omnibus Budget Reconciliation Act of 1981,
17 applicable to families of the same size; or
18 (B) (ii) their income, after the deduction of
19 costs incurred for medical care and for other types
20 of remedial care, is equal to or less than 70% in
21 fiscal year 2001, equal to or less than 85% in
22 fiscal year 2002, and equal to r less than 100% in
23 fiscal year 2003 and thereafter of the nonfarm
24 income official poverty line, as defined in item (A)
25 (i) of this paragraph (1) subparagraph (a).
26 (2) (b) All persons who would be determined
27 eligible for such basic maintenance under Article IV by
28 disregarding the maximum earned income permitted by
29 federal law.
30 (Source: P.A. 91-676, eff. 12-23-99; 91-699, eff. 7-1-00;
31 91-712, eff. 7-1-00; 92-16, eff. 6-28-01; 92-47, eff.
32 7-3-01.)
33 (305 ILCS 5/5-2.015 new) (was 305 ILCS 5/5-2, par. 3)
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1 Sec. 5-2.015. Aid to the Medically Indigent. Medical
2 assistance under this Article shall be available to the
3 following class of persons in respect to whom a plan for
4 coverage has been submitted to the Governor by the Department
5