97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3467

 

Introduced 2/24/2011, by Rep. Elizabeth Hernandez, Elaine Nekritz and Deborah Mell

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 1305/10-25

    Amends the Department of Human Services Act. Requires the Department of Human Services to promulgate rules by December 31, 2012 to ensure that infant formula packaged in containers made with the chemical bisphenol A (BPA) shall not be provided to women through the Women, Infants, and Children Nutrition Program.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Human Services Act is amended
5by changing Section 10-25 as follows:
 
6    (20 ILCS 1305/10-25)
7    Sec. 10-25. Women, Infants, and Children Nutrition
8Program.
9    (a) The Department shall participate in the Women, Infants
10and Children Nutrition program of the federal government to the
11maximum extent permitted by the federal appropriation and
12allocation to the State of Illinois. The Department shall
13report quarterly to the Governor and the General Assembly the
14status of obligations and expenditures of the WIC nutrition
15program appropriation and make recommendations on actions
16necessary to expend all available federal funds. Other
17appropriations and funds from any public or private source in
18addition to federal funds may be used by the Department for the
19purpose of maximum participation in the WIC nutrition program.
20    (b) The Department shall maintain a drug abuse education
21program for participants in the Women, Infants and Children
22Nutrition Program. The program shall include but need not be
23limited to (1) the provision of information concerning the

 

 

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1dangers of drug abuse and (2) the referral of participants who
2are suspected drug abusers to drug abuse clinics, treatment
3programs, counselors or other drug abuse treatment providers.
4    (c) The Department shall cooperate with the Department of
5Public Health for purposes of the smoking cessation program for
6participants in the Women, Infants and Children Nutrition
7Program maintained by the Department of Public Health under
8Section 2310-435 of the Department of Public Health Powers and
9Duties Law (20 ILCS 2310/2310-435).
10    (d) The Department may contract with any bank as defined by
11the Illinois Banking Act to redeem bank drafts issued by the
12Department under the United States Department of Agriculture
13Special Supplemental Food Program for Women, Infants and
14Children (WIC). Any bank with which the Department has entered
15into a contract to redeem bank drafts may receive, pursuant to
16an appropriation to the Department, an initial advance and
17periodic payment of funds for the Women, Infants and Children
18Program in amounts determined by the Secretary.
19Notwithstanding any other law, such funds shall be retained in
20a separate account by the bank. Any interest earned by monies
21in such account shall accrue to the USDA Women, Infants and
22Children Fund and shall be used exclusively for the redemption
23of bank drafts issued by the Department. WIC program food funds
24received by the bank from the Department shall be used
25exclusively for the redemption of bank drafts. The bank shall
26not use such food funds, or interest accrued thereon, for any

 

 

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1other purpose including, but not limited to, reimbursement of
2administrative expenses or payments of administrative fees due
3the bank pursuant to its contract or contracts with the
4Department.
5    Such initial and periodic payments by the Department to the
6bank shall be effected, pursuant to an appropriation, in an
7amount needed for the redemption of bank drafts issued by the
8Department under the United States Department of Agriculture
9Special Supplemental Food Program for Women, Infants and
10Children in any initial or succeeding period. The State
11Comptroller shall, upon presentation by the Secretary of
12adequate certification of funds needed for redemption of bank
13drafts, promptly draw a warrant payable to the bank for deposit
14to the separate account of the bank. Such certification may be
15in magnetic tape or computer output form, indicating the amount
16of the total payment made by the bank for the redemption of
17bank drafts from funds provided to the bank under this Section.
18    The separate account of the bank established under this
19Section, any payments to that account, and the use of such
20account and funds shall be subject to (1) audit by the
21Department or a private contractor authorized by the Department
22to conduct audits, including but not limited to such audits as
23may be required by State law, (2) audit by the federal
24government or a private contractor authorized by the federal
25government, and (3) post audit pursuant to the Illinois State
26Auditing Act.

 

 

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1    (e) The Department may include a program of lactation
2support services as part of the benefits and services provided
3for pregnant and breast feeding participants in the Women,
4Infants and Children Nutrition Program. The program may include
5payment for breast pumps, breast shields, or any supply deemed
6essential for the successful maintenance of lactation, as well
7as lactation specialists who are registered nurses, licensed
8dietitians, or persons who have successfully completed a
9lactation management training program.
10    (f) The Department shall coordinate the operation of the
11Women, Infants and Children program with the Medicaid program
12by interagency agreement whereby each program provides
13information about the services offered by the other to
14applicants for services.
15    (g) By December 31, 2012, the Department shall promulgate
16rules to ensure that infant formula packaged in containers made
17with the chemical bisphenol A (BPA) shall not be provided to
18women through the Women, Infants, and Children Nutrition
19Program.
20(Source: P.A. 90-290, eff. 1-1-98; 91-239, eff. 1-1-00.)