Rep. Elizabeth Hernandez

Filed: 3/16/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3467

2    AMENDMENT NO. ______. Amend House Bill 3467 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1appropriations and funds from any public or private source in
2addition to federal funds may be used by the Department for the
3purpose of maximum participation in the WIC nutrition program.
4    (b) The Department shall maintain a drug abuse education
5program for participants in the Women, Infants and Children
6Nutrition Program. The program shall include but need not be
7limited to (1) the provision of information concerning the
8dangers of drug abuse and (2) the referral of participants who
9are suspected drug abusers to drug abuse clinics, treatment
10programs, counselors or other drug abuse treatment providers.
11    (c) The Department shall cooperate with the Department of
12Public Health for purposes of the smoking cessation program for
13participants in the Women, Infants and Children Nutrition
14Program maintained by the Department of Public Health under
15Section 2310-435 of the Department of Public Health Powers and
16Duties Law (20 ILCS 2310/2310-435).
17    (d) The Department may contract with any bank as defined by
18the Illinois Banking Act to redeem bank drafts issued by the
19Department under the United States Department of Agriculture
20Special Supplemental Food Program for Women, Infants and
21Children (WIC). Any bank with which the Department has entered
22into a contract to redeem bank drafts may receive, pursuant to
23an appropriation to the Department, an initial advance and
24periodic payment of funds for the Women, Infants and Children
25Program in amounts determined by the Secretary.
26Notwithstanding any other law, such funds shall be retained in

 

 

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1a separate account by the bank. Any interest earned by monies
2in such account shall accrue to the USDA Women, Infants and
3Children Fund and shall be used exclusively for the redemption
4of bank drafts issued by the Department. WIC program food funds
5received by the bank from the Department shall be used
6exclusively for the redemption of bank drafts. The bank shall
7not use such food funds, or interest accrued thereon, for any
8other purpose including, but not limited to, reimbursement of
9administrative expenses or payments of administrative fees due
10the bank pursuant to its contract or contracts with the
11Department.
12    Such initial and periodic payments by the Department to the
13bank shall be effected, pursuant to an appropriation, in an
14amount needed for the redemption of bank drafts issued by the
15Department under the United States Department of Agriculture
16Special Supplemental Food Program for Women, Infants and
17Children in any initial or succeeding period. The State
18Comptroller shall, upon presentation by the Secretary of
19adequate certification of funds needed for redemption of bank
20drafts, promptly draw a warrant payable to the bank for deposit
21to the separate account of the bank. Such certification may be
22in magnetic tape or computer output form, indicating the amount
23of the total payment made by the bank for the redemption of
24bank drafts from funds provided to the bank under this Section.
25    The separate account of the bank established under this
26Section, any payments to that account, and the use of such

 

 

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1account and funds shall be subject to (1) audit by the
2Department or a private contractor authorized by the Department
3to conduct audits, including but not limited to such audits as
4may be required by State law, (2) audit by the federal
5government or a private contractor authorized by the federal
6government, and (3) post audit pursuant to the Illinois State
7Auditing Act.
8    (e) The Department may include a program of lactation
9support services as part of the benefits and services provided
10for pregnant and breast feeding participants in the Women,
11Infants and Children Nutrition Program. The program may include
12payment for breast pumps, breast shields, or any supply deemed
13essential for the successful maintenance of lactation, as well
14as lactation specialists who are registered nurses, licensed
15dietitians, or persons who have successfully completed a
16lactation management training program.
17    (f) The Department shall coordinate the operation of the
18Women, Infants and Children program with the Medicaid program
19by interagency agreement whereby each program provides
20information about the services offered by the other to
21applicants for services.
22    (g) On February 2, 2013, the Department shall ensure that
23the infant formula provided to participants under the Women,
24Infants, and Children Nutrition Program is packaged in
25containers which do not contain the chemical bisphenol A (BPA).
26The Department may suspend implementation of this subsection

 

 

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1until the Department enters a new contract period equaling 5
2years for any type of infant formula provided by the Program,
3if both of the following occur:
4        (1) The Department determines that implementation of
5    this subsection would (i) decrease the availability of
6    infant formula to participants of the Program; or (ii)
7    cause an unacceptable fiscal impact to the State.
8        (2) The Department publishes a notice of suspension in
9    the Illinois Register.
10(Source: P.A. 90-290, eff. 1-1-98; 91-239, eff. 1-1-00.)".