(305 ILCS 5/10-16.5)
Sec. 10-16.5. Interest on support obligations. A support obligation, or
any portion of a support obligation, which becomes due and remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was not paid in that month,
shall accrue simple interest as set forth in Section 12-109 of the Code of Civil Procedure.
An order for support entered or modified on or after January 1, 2006 shall
contain a statement that a support obligation required under the order, or any
portion of a support obligation required under the order, that becomes due and
remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was not paid in that month, shall accrue simple interest as set forth in Section 12-109 of the Code of Civil Procedure. Failure to include the statement in the order for support does
not affect the validity of the order or the accrual of interest as provided in
this Section. The Department may provide, by rule, if, or how, the Department will enforce interest in cases in which IV-D services are being provided.
(Source: P.A. 101-336, eff. 8-9-19.)
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(305 ILCS 5/10-16.6)
Sec. 10-16.6.
Electronic Funds Transfer Committee.
(a) The Director of Public Aid shall establish within the Department an
Electronic
Funds Transfer Committee. The Director or his or her designee shall be a member
of the
committee and shall serve as chairperson of the committee. The Director shall
appoint 4
other members of the committee, 2 of whom shall represent employers in this
State and 2
of whom shall represent the banking industry in this State. The administrator
of the State
Disbursement Unit established under Section 10-26 shall be an ex officio member
of the
committee.
(b) The committee shall study ways to modify or expand the use of
electronic
funds transfers for the payment of child support. The committee shall report
its findings
and recommendations to the Governor and the General Assembly before December 1,
2001.
(c) The committee is abolished on December 1, 2001.
(Source: P.A. 91-677, eff. 1-5-00.)
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(305 ILCS 5/10-16.7) Sec. 10-16.7. Child support enforcement debit authorization. (a) For purposes of this Section: "Financial institution" and "account" are defined as set forth in Section 10-24.
"Payor" is defined as set forth in Section 15 of the Income Withholding for Support Act.
"Order for support" means any order for periodic payment of funds to the State Disbursement Unit for the support of a child or, where applicable, for support of a child and a parent with whom the child resides, that is entered or modified under this Code or under the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Illinois Parentage Act of 1984, or the Illinois Parentage Act of 2015, or that is entered or registered for modification or enforcement under the Uniform Interstate Family Support Act.
"Obligor" means an individual who owes a duty to make payments under an order for support in a case in which child support enforcement services are being provided under this Article X. (b) The Department of Public Aid (now Healthcare and Family Services) shall adopt a child support enforcement debit authorization form that, upon being signed by an obligor, authorizes a financial institution holding an account on the obligor's behalf to debit the obligor's account periodically in an amount equal to the amount of child support that the obligor is required to pay periodically and transfer that amount to the State Disbursement Unit. The form shall include instructions to the financial institution concerning the debiting of accounts held on behalf of obligors and the transfer of the debited amounts to the State Disbursement Unit. In adopting the form, the Department may consult with the Office of Banks and Real Estate and the Department of Financial Institutions. The Department must adopt the form within 6 months after the effective date of this amendatory Act of the 93rd General Assembly. Promptly after adopting the form, the Department must notify each financial institution conducting business in this State that the form has been adopted and is ready for use. (c) An obligor who does not have a payor may sign a child support debit authorization form adopted by the Department under this Section. The obligor may sign a form in relation to any or all of the financial institutions holding an account on the obligor's behalf. Promptly after an obligor signs a child support debit authorization form, the Department shall send the original signed form to the appropriate financial institution. Subject to subsection (e), upon receiving the form, the financial institution shall debit the account and transfer the debited amounts to the State Disbursement Unit according to the instructions in the form. A financial institution that complies with a child support debit authorization form signed by an obligor and issued under this Section shall not be subject to civil liability with respect to any individual or any agency.
(d) The signing and issuance of a child support debit authorization form under this Section does not relieve the obligor from responsibility for compliance with any requirement under the order for support.
(e) A financial institution is obligated to debit the account of an obligor pursuant to this Section only if or to the extent:
(1) the financial institution reasonably believes the | ||
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(2) there are finally collected funds in the account; | ||
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(3) the account is not subject to offsetting claims | ||
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To the extent the account of the obligor is pledged or held by the financial institution as security for a loan or other obligation, or that the financial institution has any other claim or lien against the account, the financial institution is entitled to retain the account.
(Source: P.A. 99-85, eff. 1-1-16.) |
(305 ILCS 5/10-17) (from Ch. 23, par. 10-17)
Sec. 10-17. Other
actions and remedies for support.
The procedures, actions, and remedies provided in this Article shall in
no way be exclusive, but shall be available in addition to other actions
and remedies of support, including, but not by way of limitation, the
remedies provided in (a) the Illinois Parentage Act of 2015; (b) (blank); (b-5) the Non-Support Punishment Act; (c) (blank); (d) the Illinois Marriage and Dissolution of Marriage Act; (e) the Uniform Child-Custody Jurisdiction and Enforcement Act; (f) the Uniform Interstate Family Support Act; and (g) the common law.
This Article does not create, enlarge, abrogate, or diminish parental rights or duties under other laws of this State, including the common law. (Source: P.A. 102-541, eff. 8-20-21.)
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(305 ILCS 5/10-17.05) Sec. 10-17.05. Actions and remedies for support; other laws. Notwithstanding any other State or local law to the contrary, actions and remedies under this Article, the Uniform Interstate Family Support Act, or other State laws shall be cumulative and used in conjunction with one another, as appropriate. Actions and remedies under the Uniform Interstate Family Support Act shall not require a custody or visitation determination as a prerequisite to a determination of a support obligation. If a custody or visitation determination is not permitted under the Uniform Interstate Family Support Act, the determination may be made under another appropriate State law if the court has authority to make the decision under the appropriate law.
(Source: P.A. 102-541, eff. 8-20-21.) |
(305 ILCS 5/10-17.1) (from Ch. 23, par. 10-17.1)
Sec. 10-17.1. Administrative Order by Registration. The Illinois
Department may provide by rule for the administrative registration of a
support order
entered by a court or administrative body of another
state.
The purpose of registration shall be to enforce or modify the order in
accordance with the provisions of the Uniform Interstate Family Support
Act. Upon
registration, such support order shall become an administrative order of
the Child and Spouse Support Unit by operation of law. The rule shall
provide for notice to and an opportunity to be heard by the responsible
relative and custodial parent affected, and any final administrative
decision rendered by the
Department shall be reviewed only under and in accordance with the
Administrative Review Law.
Any new or existing support order registered by the Illinois Department
under this Section shall be deemed to be a series of judgments against the
person obligated to pay support thereunder, each such judgment to be in the
amount of each payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or installment
becomes due under the terms of the support order. Each such judgment
shall be
enforceable in the same manner as any other judgment in this State.
Notwithstanding any other State or local law to the contrary, a lien arises by operation of law against the real and personal property of
the noncustodial parent for each
installment of overdue support owed by the noncustodial parent.
A one-time charge of 20% is imposable upon the amount of past-due child
support owed on July 1, 1988, which has accrued under a support order
registered by the Illinois Department under this Section. The charge shall
be imposed in accordance with the provisions of Section 10-21 and shall be
enforced by the court in a suit filed under Section 10-15.
(Source: P.A. 97-186, eff. 7-22-11.)
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(305 ILCS 5/10-17.2) (from Ch. 23, par. 10-17.2)
Sec. 10-17.2.
Income Withholding By Administrative Order.
The Illinois
Department may provide by rule for entry of an administrative support order
containing income withholding provisions and for service and enforcement of an
income withholding notice and a National Medical Support Notice, by
the Child and
Spouse Support Unit based upon and in the same manner as prescribed by
the Income Withholding for Support Act.
The penalties provided in the Income Withholding for Support Act shall apply
hereto and
shall be enforced by filing an action under that Act.
The rule shall provide for notice to and an opportunity
to be heard by the responsible relative affected and any final
administrative decision rendered by the Department shall be reviewed only
under and in accordance with the Administrative Review Law.
(Source: P.A. 92-590, eff. 7-1-02.)
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(305 ILCS 5/10-17.3) (from Ch. 23, par. 10-17.3)
Sec. 10-17.3. Federal Income Tax Refund Intercept. The Illinois
Department may provide by rule for certification to the United States Department of
Health and Human Services of past due support owed
by responsible relatives under a support order entered by a court or
administrative body of this or any other State on behalf of resident or
non-resident persons. The purpose of certification shall be to intercept
Federal Income Tax refunds due such relatives in order to satisfy such past
due support in whole or in part.
The rule shall provide for notice to and an opportunity to be heard by
the responsible relative affected and any final administrative decision
rendered by the Department shall be reviewed only under and in accordance
with the Administrative Review Law. Certification shall be accomplished in
accordance with Title IV, Part D of the federal Social Security Act and
rules and regulations promulgated thereunder.
(Source: P.A. 100-201, eff. 8-18-17.)
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(305 ILCS 5/10-17.4) (from Ch. 23, par. 10-17.4)
Sec. 10-17.4.
Security, Bond or Guarantee to Secure Payment.
The Illinois
Department may provide by rule for the requiring of, or for the requesting
of the court to require, a responsible relative to post security, bond or give
some other guarantee of a character and amount sufficient to assure payment
of any amount due under a support order entered by a court or
administrative body of this or any other State on behalf of resident or
non-resident persons. The rule shall provide for notice to and an
opportunity to be heard by each responsible relative affected and any final
administrative decision rendered by the Department shall be reviewed only
under and in accordance with the Administrative Review Law.
(Source: P.A. 84-758.)
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(305 ILCS 5/10-17.5) (from Ch. 23, par. 10-17.5)
Sec. 10-17.5.
State Income Tax Refund and Other Payment Intercept.
The
Illinois Department may provide by rule for certification to the
Comptroller of past due support owed by responsible relatives under a
support order entered by a court or administrative body of this or any
other State on behalf of resident or non-resident persons. The purpose of
certification shall be to intercept state income tax refunds and other
payments due such relatives in order to satisfy such past due support, in
whole or in part, whether or not such support is owed to the State. The
rule shall provide for notice to and an opportunity to be heard by the
responsible relative and any joint payee affected and any final
administrative decision rendered by the Department shall be reviewed only
under and in accordance with the Administrative Review Law. In any case
where a state income tax refund is intercepted wrongfully or erroneously,
the Department shall pay to such relative and any joint payee affected the
amount of the refund plus interest, if any, on such amount at the rate of
9% per annum (or at such adjusted rate as is established under Section 6621(b)
of the Internal Revenue Code). Interest shall be calculated from the
date the Department receives the refund or from 60 days following the date
the Department receives a request to be heard, whichever is later, until
the date of payment to such relative and joint payee.
(Source: P.A. 85-1440.)
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(305 ILCS 5/10-17.6) (from Ch. 23, par. 10-17.6)
Sec. 10-17.6. Certification of
Information to Licensing Agencies. (a) The
Illinois Department may provide by rule for certification to any State
licensing agency to suspend, revoke, or deny issuance or renewal of licenses because of (i) the failure of responsible relatives to comply with subpoenas or warrants relating to paternity or child support proceedings and (ii) past due support owed by responsible relatives under a
support order entered by a court or administrative body of this or any
other State on behalf of resident or non-resident persons receiving child support enforcement services under Title IV, Part D of the Social Security Act. The rule shall
provide for notice to and an opportunity to be heard by each responsible
relative affected and any final administrative decision rendered by the
Department shall be reviewed only under and in accordance with the
Administrative Review Law.
(b) The Illinois Department may provide by rule for directing the Secretary of State to issue family financial
responsibility driving permits upon petition of responsible relatives whose driver's licenses have been suspended in accordance with subsection (b) of Section 7-702.1 of the Illinois Vehicle Code. Any final administrative decisions rendered by the Department upon such petitions shall be reviewable only under and in accordance with the
Administrative Review Law. (Source: P.A. 95-685, eff. 10-23-07; 96-1284, eff. 1-1-11.)
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(305 ILCS 5/10-17.7)
Sec. 10-17.7. Administrative determination of paternity. The Illinois
Department may provide by rule for the administrative determination of
paternity by the Child and Spouse Support Unit in cases involving applicants
for or recipients of financial aid under Article IV of this Act and other
persons who are given access to the child support
enforcement services of this
Article as provided in Section 10-1, including persons similarly situated and
receiving similar services in other states. The rules shall extend to cases in
which the mother and alleged father voluntarily acknowledge paternity in the
form required by the Illinois Department or agree
to be bound by the results of genetic testing or in which the alleged
father
has failed to respond to a notification of support obligation issued under
Section 10-4 and to cases of contested paternity. The Illinois
Department's form for voluntary acknowledgement of paternity shall be the same form prepared by the Illinois Department for use under the requirements of Section 12 of the Vital Records Act. Any
presumption provided for under the Illinois Parentage Act of
1984 or under the Illinois Parentage Act of 2015 on and after the effective date of that Act shall apply to cases in which paternity is determined under the rules of
the Illinois Department. The rules shall provide for notice and an opportunity
to be heard by the responsible relative and the person receiving child support enforcement services under this Article if paternity is
not
voluntarily acknowledged, and any final administrative
decision rendered by the Illinois Department shall be reviewed only under and
in accordance with the Administrative Review Law. Determinations of paternity
made by the Illinois Department under the rules authorized by this Section
shall
have the full force and effect of a court judgment of paternity entered under
the Illinois Parentage Act of 1984 or under the Illinois Parentage Act of 2015.
In determining paternity in contested cases, the Illinois Department shall
conduct the evidentiary hearing in accordance with Article 4 of the Illinois Parentage Act of 2015, except that references in that Article to "the court" shall be
deemed to mean the Illinois Department's hearing officer in cases in which
paternity is determined administratively by the Illinois Department.
Notwithstanding any other provision of this Article, a
default determination
of
paternity may be made if service of the notice under Section 10-4 was made by
publication under the rules for administrative paternity determination
authorized by this Section. The rules as they pertain to service by
publication shall (i) be based on the provisions of Section 2-206 and 2-207 of
the Code of Civil Procedure, (ii) provide for service by publication in cases
in which
the whereabouts of the alleged father are unknown after diligent location
efforts by the Child and Spouse Support Unit, and (iii) provide for publication
of a notice of default paternity determination in the same manner that the
notice under Section 10-4 was published.
The Illinois Department
may implement this Section through the use of emergency rules in accordance
with Section 5-45 of the Illinois Administrative Procedure Act. For purposes
of the Illinois Administrative Procedure Act, the adoption of rules to
implement this Section shall be considered an emergency and necessary for
the public interest, safety, and welfare.
(Source: P.A. 99-85, eff. 1-1-16.)
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(305 ILCS 5/10-17.8)
Sec. 10-17.8.
New birth certificate.
The Illinois Department shall notify
the Department
of Public Health of a final determination of parentage and a voluntary
acknowledgment of paternity made under the rules
authorized by Section 10-17.7, and the Department of Public Health shall issue
a new certificate of birth pursuant to Section 17 of the Vital Records Act.
(Source: P.A. 89-6, eff. 3-6-95; 89-641, eff. 8-9-96.)
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(305 ILCS 5/10-17.9)
Sec. 10-17.9. Past due support information to State Department of Revenue.
(a) The Illinois Department may provide by rule for certification to the
Illinois Department of Revenue of past due support owed by responsible
relatives under a support order entered by a court or administrative body of
this or any other State on behalf of resident or non-resident persons. The
rule shall provide for notice to and an opportunity to be heard by each
responsible relative affected. Any final administrative decision rendered by
the Department shall be reviewed only under and in accordance with the
Administrative Review Law. A responsible relative may avoid certification to
the Illinois Department of Revenue by establishing a satisfactory repayment
record as determined by the Illinois Department of Healthcare and Family Services.
(b) A certified past due support amount shall be final. The certified
amount shall be payable to the Illinois Department of Revenue upon written
notification of the certification to the responsible relative by the Illinois
Department of Revenue.
(c) In the event a responsible relative overpays pursuant to collection
under this Section and the applicable Sections of the Illinois Income Tax Act,
the overpayment shall be a credit against future support obligations. If the
current support obligation of the responsible relative has terminated under
operation of law or court order, any moneys overpaid but still in the
possession of the Department shall be promptly returned to the responsible
relative.
(d) Except as otherwise provided in this Article, any child support
delinquency certified to the Illinois Department of Revenue shall be treated as
a child support delinquency for all other purposes, and any collection action
by the State's Attorney or the Illinois Department of Revenue with respect to
any delinquency certified under this Article shall have the same priority
against attachment, execution, assignment, or other collection action as is
provided by any other provision of State law.
(e) Any child support delinquency collected by the Illinois Department of
Revenue, including those amounts that result in overpayment of a child support
delinquency, shall be paid to the State Disbursement Unit established under
Section 10-26.
(Source: P.A. 95-331, eff. 8-21-07.)
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(305 ILCS 5/10-17.11)
Sec. 10-17.11.
Requests to other states for administrative enforcement.
The Illinois Department may provide by rule for certification to other states'
child support enforcement agencies of past due support owed by responsible
relatives under a support order entered by a court or administrative body of
this or
any other state on behalf of resident or non-resident persons. The purpose
of certification shall be to request the other states' assistance in
administrative enforcement of the support orders. The rule shall provide
for notice to and an opportunity to be heard by the responsible relative
affected and any final administrative decision rendered by the Illinois
Department shall be reviewed only under and in accordance with the
Administrative Review Law.
(Source: P.A. 90-18, eff. 7-1-97.)
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(305 ILCS 5/10-17.12) Sec. 10-17.12. Compromise of assigned child support arrearages. The Department of Healthcare and Family Services may provide by rule for compromise of debt owed to the State in the form of child support arrearages and interest accrued on child support arrearages assigned to the State under Section 10-1. The rule shall establish the circumstances under which such obligations may be compromised, with due regard for the payment ability of low-income obligors and the importance of encouraging payment of current child support obligations. The rule shall provide that assigned obligations shall be compromised only in exchange for regular payment of support owed to the family and shall require that obligors considered for debt compromise demonstrate inability to pay during the time the assigned obligation accumulated. The rule shall provide for nullification of any compromise agreement and the prohibition of any future compromise agreement if the obligor fails to adhere to the compromise agreement. In addition, the rule shall establish debt compromise criteria calculated to maximize positive effects on families and the level of federal incentive payments payable to the State under Title IV, Part D of the Social Security Act and regulations promulgated thereunder.
(Source: P.A. 94-971, eff. 1-1-07.) |
(305 ILCS 5/10-17.13) Sec. 10-17.13. Vehicle immobilization and impoundment. The Illinois Department may provide by rule for certification to municipalities of past due support owed by responsible relatives under a support order entered by a court or administrative body of this or any other State on behalf of resident or non-resident persons. The purpose of certification shall be to effect collection of past due support by immobilization and impoundment of vehicles registered to responsible relatives pursuant to ordinances established by such municipalities under Section 11-1430 of the Illinois Vehicle Code. The rule shall provide for notice to and an opportunity to be heard by each responsible relative affected, and any final administrative decision rendered by the Department shall be reviewed only under and in accordance with the Administrative Review Law. A responsible relative may avoid certification to a municipality for vehicle immobilization or arrange for discontinuance of vehicle immobilization and impoundment already engaged by payment of past due support or by entering into a plan for payment of past and current child support obligations in a manner satisfactory to the Illinois Department.
(Source: P.A. 95-685, eff. 10-23-07.) |
(305 ILCS 5/10-17.14) Sec. 10-17.14. Denial of passports. The Illinois Department may provide by rule for certification to the United States Department of Health and Human Services of past due support owed by responsible relatives under a support order entered by a court or administrative body of this or any other State on behalf of resident or non-resident persons. The purpose of certification shall be to effect denial, revocation, restriction, or limitation of passports of responsible relatives owing past due support. The rule shall provide for notice to and an opportunity to be heard by the responsible relative affected and any final administrative decision rendered by the Department shall be reviewed only under and in accordance with the Administrative Review Law. Certification shall be accomplished in accordance with Title IV, Part D of the federal Social Security Act and rules and regulations promulgated thereunder.
(Source: P.A. 100-201, eff. 8-18-17.) |
(305 ILCS 5/10-17.15) Sec. 10-17.15. Certification of information to State gaming licensees. (a) For purposes of this Section, "State gaming licensee" means, as applicable, an organization licensee or advance deposit wagering licensee licensed under the Illinois Horse Racing Act of 1975, an owners licensee licensed under the Illinois Gambling Act, or a licensee that operates, under any law of this State, one or more facilities or gaming locations at which lawful gambling is authorized and licensed as provided in the Illinois Gambling Act. (b) The Department may provide, by rule, for certification to any State gaming licensee of past due child support owed by a responsible relative under a support order entered by a court or administrative body of this or any other State on behalf of a resident or non-resident receiving child support services under this Article in accordance with the requirements of Title IV-D, Part D, of the Social Security Act. The State gaming licensee shall have the ability to withhold from winnings required to be reported to the Internal Revenue Service on Form W-2G, up to the full amount of winnings necessary to pay the winner's past due child support. The rule shall provide for notice to and an opportunity to be heard by each responsible relative affected and any final administrative decision rendered by the Department shall be reviewed only under and in accordance with the Administrative Review Law. (c) For withholding of winnings, the State gaming licensee shall be entitled to an administrative fee not to exceed the lesser of 4% of the total amount of cash winnings paid to the gambling winner or $150. (d) In no event may the total amount withheld from the cash payout, including the administrative fee, exceed the total cash winnings claimed by the obligor. If the cash payout claimed is greater than the amount sufficient to satisfy the obligor's delinquent child support payments, the State gaming licensee shall pay the obligor the remaining balance of the payout, less the administrative fee authorized by subsection (c) of this Section, at the time it is claimed. (e) A State gaming licensee who in good faith complies with the requirements of this Section shall not be liable to the gaming winner or any other individual or entity.
(Source: P.A. 101-31, eff. 6-28-19.) |
(305 ILCS 5/10-18) (from Ch. 23, par. 10-18)
Sec. 10-18.
Recoveries-Deductibility of Direct Relatives' Support Payment.)
In any actions for the recovery of the financial aid, including actions
for the enforcement of estate and lien claims, amounts contributed by
responsible relatives either voluntarily or by court or administrative order
and paid to the
Illinois Department or to a local governmental unit shall be deducted from
the claim of the State or the governmental unit.
(Source: P.A. 79-474.)
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(305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
Sec. 10-19. Support Payments Ordered Under Other Laws; where
deposited.
The Illinois Department and local governmental units are
authorized to receive payments directed by court order for the support
of recipients, as provided in the following Acts:
1. "Non-Support of Spouse and Children Act", approved | ||
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1.5. The Non-Support Punishment Act,
2. "Illinois Marriage and Dissolution of Marriage | ||
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3. The Illinois Parentage Act, as amended,
3.5. The Illinois Parentage Act of 2015, 4. "Revised Uniform Reciprocal Enforcement of Support | ||
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5. The Juvenile Court Act or the Juvenile Court Act | ||
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6. The "Unified Code of Corrections", approved July | ||
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7. Part 7 of Article XII of the Code of Civil | ||
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8. Part 8 of Article XII of the Code of Civil | ||
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9. Other laws which may provide by judicial order for | ||
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Payments under this Section to the Illinois Department pursuant to the Child
Support Enforcement Program established by Title IV-D of the Social Security
Act shall be paid into the Child Support Enforcement Trust Fund. All
payments under this Section to the Illinois Department of Human Services
shall be deposited in the DHS Recoveries Trust Fund.
Disbursements from these funds shall be as provided in Sections 12-9.1 and
12-10.2 of this Code. Payments received by a local governmental
unit shall be deposited in that unit's General Assistance Fund.
To the extent the provisions of this Section are inconsistent with the
requirements pertaining to the State Disbursement Unit under Sections 10-10.4
and 10-26 of this Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 99-85, eff. 1-1-16.)
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(305 ILCS 5/10-20) (from Ch. 23, par. 10-20)
Sec. 10-20.
(Repealed).
(Source: P.A. 92-84, eff. 7-1-02. Repealed internally, eff. 7-1-02.)
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(305 ILCS 5/10-21) (from Ch. 23, par. 10-21)
Sec. 10-21.
(Repealed).
(Source: P.A. 92-84, eff. 7-1-02. Repealed internally, eff. 7-1-02.)
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(305 ILCS 5/10-22) (from Ch. 23, par. 10-22)
Sec. 10-22.
(Repealed).
(Source: P.A. 87-1172. Repealed by P.A. 90-790, eff. 8-14-98.)
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(305 ILCS 5/10-23)
Sec. 10-23.
Employer obligations.
If a parent is required by a court or
administrative order for support to provide coverage for a child's health care
expenses and if that coverage is available to the parent through an employer
who does business in this State, the employer must do all of the
following upon receipt of a copy of the order of support or order for
withholding:
(1) The employer shall, upon the parent's request, | ||
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(2) If the parent has health care coverage through | ||
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(3) The employer may not eliminate any child from the | ||
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(A) The court or administrative order is no | ||
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(B) The child is or will be included in a | ||
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The employer may eliminate a child from a parent's | ||
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(Source: P.A. 89-183, eff. 1-1-96.)
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(305 ILCS 5/10-24)
Sec. 10-24.
Definitions.
In this Section through Section 10-24.50:
"Account" means a demand deposit account, checking or negotiable withdrawal
order account, savings account, time deposit account, or money market mutual
fund account.
"Financial institution" includes:
(1) a depository institution, which is any bank or | ||
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(2) an insured depository institution, which is any | ||
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(3) a federal depository institution, which is any | ||
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(4) a state depository institution, which is any | ||
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(5) a federal credit union, which is a cooperative | ||
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(6) a state chartered credit union which is organized | ||
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(7) any benefit association, insurance company, safe | ||
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"Financial record" has the meaning given to that term in Section 1101 of
the federal Right to Financial Privacy Act of 1978 (12 U.S.C. 3401).
(Source: P.A. 90-18, eff. 7-1-97.)
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(305 ILCS 5/10-24.5)
Sec. 10-24.5.
Financial institutions data matches.
(a) The Illinois Department may design and implement a data match system
pursuant to which the Illinois Department shall enter into agreements with
financial institutions doing business in this State for the purpose of
identifying accounts as defined in Section 10-24
of responsible relatives who owe
past-due child support.
(b) Every
agreement entered into with a financial institution under this Section shall
provide, at the option of the financial institution, either (i) that the
financial institution shall compare data concerning
account holders, owners, or customers who maintain one or more accounts as
defined in Section 10-24 at the
financial institution with data concerning individuals identified by the
Illinois
Department as responsible relatives who owe past-due child
support and for each of whom the Illinois Department shall provide the name,
record address, and social security number or tax identification number, or
(ii) that the financial institution shall provide the
social
security number or tax identification number of the
account holders, owners, or customers who maintain one or more accounts as
defined in Section 10-24 at the
financial institution to the Illinois Department, which shall
compare that data with data concerning individuals identified
as responsible relatives who owe past-due
child support.
(c) Every agreement shall provide that the Illinois Department shall pay to
the financial institution providing or comparing the data a reasonable fee not
to exceed the
institution's actual cost of providing the data or performing the comparison.
(d) If the financial institution or Illinois Department determines that the
name and either social
security number or tax identification number of an individual identified by the
Illinois Department under subsection (b) match the name and either social
security number or tax identification number of the account holder, owner, or
customer
who maintains one or more accounts as defined in Section 10-24
at the financial institution,
then the financial institution
shall report the individual's name and either social security number or tax
identification number to the Illinois Department, for each calendar quarter in
which the individual is identified by the Illinois Department as a responsible
relative who owes past-due child support.
(Source: P.A. 90-18, eff. 7-1-97.)
|
(305 ILCS 5/10-24.30)
Sec. 10-24.30.
Types of accounts to be reported.
The reporting
requirements of Section 10-24.5 regarding accounts as defined in Section 10-24
apply to
individual accounts, joint accounts, and sole proprietorship accounts.
In the case of a joint account, the account holder or owner shall be deemed to
be the
primary account holder or owner established by the financial institution in
accordance
with federal 1099 reporting requirements.
(Source: P.A. 90-18, eff. 7-1-97.)
|
(305 ILCS 5/10-24.35)
Sec. 10-24.35. Accommodation of financial institutions. The Illinois
Department shall make a reasonable effort to accommodate
those financial institutions on which the requirements of this Article X
would impose a hardship. In the case of a non-automated financial
institution,
a paper copy including either social security numbers or tax identification
numbers is an acceptable format. In order to allow for data processing
implementation, no agreement shall become effective earlier than 90 days after
its execution.
(Source: P.A. 95-331, eff. 8-21-07.)
|
(305 ILCS 5/10-24.40)
Sec. 10-24.40. Financial institution's charges on account.
(a) If the Illinois Department requests a financial
institution to hold or encumber assets in an account as defined in Section
10-24, the financial institution at which the account as defined in Section
10-24 is maintained may
charge and collect its normally scheduled account activity fees to maintain the
account during the period of time the account assets are held or encumbered.
(b) If the Illinois Department takes any action to enforce
a lien or levy imposed on an account, as defined in Section 10-24, under
Section 10-25.5, the financial institution
at which the account is maintained may charge to the account a fee of up to $50
and shall deduct the amount of the fee from the account before
remitting any moneys from the account to the Illinois Department.
(Source: P.A. 95-331, eff. 8-21-07.)
|
(305 ILCS 5/10-24.45)
Sec. 10-24.45.
Confidentiality.
All information provided by a financial
institution under Sections 10-24 through 10-24.50 is confidential and may be
used only for the purpose of enforcing payment of child support.
The Illinois Department shall adopt rules to
safeguard any confidential information received from a financial institution.
(Source: P.A. 90-18, eff. 7-1-97.)
|
(305 ILCS 5/10-24.50)
Sec. 10-24.50. Financial institution's freedom from liability. A
financial institution that provides information under Sections 10-24 through
10-24.50 shall not be liable to any account holder, owner, or other person in
any civil, criminal, or administrative action for any
of the following:
(1) Disclosing the required information to the | ||
| ||
(2) Holding, encumbering, or surrendering any of an | ||
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(A) the Illinois Department under Sections 10-25 | ||
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(B) a person or entity acting on behalf of the | ||
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(3) Any other action taken or omission made in good | ||
| ||
(Source: P.A. 100-201, eff. 8-18-17.)
|
(305 ILCS 5/10-25)
Sec. 10-25. Administrative liens and levies on real property for
past-due child support and for fines against a payor who wilfully fails to withhold or pay over income pursuant to a properly served income withholding notice or otherwise fails to comply with any duties imposed by the Income Withholding for Support Act. (a) Notwithstanding any other State or local law to the contrary, the State shall have a lien on all legal and equitable interests of
responsible relatives in their real property
in the amount of past-due child support owing pursuant to an order
for child support entered under Sections 10-10 and 10-11 of this Code, or under
the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Uniform
Interstate Family Support Act, the
Illinois Parentage Act of 1984, or the Illinois Parentage Act of 2015.
(a-5) The State shall have a lien on all legal and equitable interests of a payor, as that term is described in the Income Withholding for Support Act, in the payor's real property in the amount of any fine imposed by the Illinois Department pursuant to the Income Withholding for Support Act. (b) The Illinois Department shall provide by rule for notice to and an
opportunity to be heard by each responsible relative or payor affected, and any final
administrative decision rendered by the Illinois Department shall be reviewed
only under
and in accordance with the Administrative Review Law.
(c) When enforcing a lien under subsection (a) of this Section, the
Illinois Department shall have the authority to execute notices of
administrative liens and levies, which shall contain the name and address of
the responsible relative or payor, a legal description of the real property
to be levied, the fact that a lien
is being claimed for past-due child support or for the fines imposed on a payor pursuant to the Income Withholding for Support Act, and such other information as the
Illinois Department may by rule prescribe. The Illinois Department shall
record the notice of lien with the recorder or registrar of titles of
the county or counties in which the real estate is located.
(d) The State's lien under subsection (a) shall be
enforceable upon the recording or filing of a notice of lien with the recorder
or registrar of titles of the county or counties in which the real estate is
located. The lien shall be prior to any lien thereafter recorded or filed and
shall be notice to a subsequent purchaser, assignor, or encumbrancer of the
existence and nature of the lien. The lien shall be inferior to the lien of
general taxes, special assessment, and special taxes heretofore or hereafter
levied by any political subdivision or municipal corporation of the State.
In the event that title to the land to be affected by the notice of lien is
registered under the Registered Titles (Torrens) Act, the notice shall be filed
in the office of the registrar of titles as a memorial or charge upon each
folium of the register of titles affected by the notice; but the State shall
not have a preference over the rights of any bona fide purchaser, mortgagee,
judgment creditor, or other lien holders registered prior to the registration
of the notice.
(e) The recorder or registrar of titles of each county shall procure
a file labeled "Child Support Lien Notices" and an index book labeled "Child
Support Lien Notices". When notice of any lien is presented to the recorder or
registrar of titles for filing,
the recorder or registrar of titles shall file it in numerical order in the
file and shall enter it
alphabetically in the index. The entry shall show the name and last known
address of the person or payor named in the notice, the serial number of the notice, the
date and hour of filing, and the amount of child support or the amount of the fine imposed on the payor due at the time when
the lien is filed.
(f) The Illinois Department shall not be required to furnish bond or make a
deposit for or pay any costs or fees of any court or officer thereof in any
legal proceeding involving the lien.
(g) To protect the lien of the State for past-due child support and for any fine imposed against a payor, the
Illinois Department may, from funds that are available for that purpose, pay
or provide for the payment of necessary or essential repairs, purchase tax
certificates, pay balances due on land contracts, or pay or cause to be
satisfied any prior liens on the property to which the lien hereunder applies.
(h) A lien on real property under this Section shall be released
pursuant
to Section 12-101 of the Code of Civil Procedure.
(i) The Illinois Department, acting in behalf of the
State, may foreclose the lien in a judicial proceeding to the same extent and
in the same manner as in the enforcement of other liens. The process,
practice, and procedure for the foreclosure shall be the same as provided in
the Code of Civil Procedure.
(Source: P.A. 99-85, eff. 1-1-16; 99-157, eff. 7-1-17; 99-642, eff. 7-28-16.) |
(305 ILCS 5/10-25.5)
Sec. 10-25.5. Administrative liens and levies on personal property for
past-due child support and for fines against a payor who wilfully fails to withhold or pay over income pursuant to a properly served income withholding notice or otherwise fails to comply with any duties imposed by the Income Withholding for Support Act. (a) Notwithstanding any other State or local law to the contrary, the State shall have a lien on all legal and equitable interests of
responsible relatives in their personal property, including any account in a
financial institution as defined
in Section 10-24, or in the case of an insurance company or benefit association
only in accounts as defined in Section 10-24, in the amount of past-due child
support owing pursuant to an order
for child support entered under Sections 10-10 and 10-11 of this Code, or under
the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Uniform
Interstate Family Support Act, the
Illinois Parentage Act of 1984, or the Illinois Parentage Act of 2015.
(a-5) The State shall have a lien on all legal and equitable interests of a payor, as that term is described in the Income Withholding for Support Act, in the payor's personal property in the amount of any fine imposed by the Illinois Department pursuant to the Income Withholding for Support Act. (b) The Illinois Department shall provide by rule for notice to and an
opportunity to be heard by each responsible relative or payor affected, and any final
administrative decision rendered by the Illinois Department shall be reviewed
only under
and in accordance with the Administrative Review Law.
(c) When enforcing a lien under subsection (a) of this Section, the
Illinois Department shall have the authority to execute notices of
administrative liens and levies, which shall contain the name and address of
the responsible relative or payor, a description of the property
to be levied, the fact that a lien
is being claimed for past-due child support, and such other information as the
Illinois Department may by rule prescribe. The Illinois Department may
serve the notice of lien or levy upon any financial institution where
the accounts as defined in Section 10-24 of the responsible relative may be
held, for encumbrance or surrender of the accounts as defined in Section 10-24
by the financial institution.
(d) The Illinois Department shall enforce its lien against the responsible
relative's or payor's personal property, other than accounts as defined in Section 10-24
in financial institutions,
and
levy upon such personal property in the manner provided for enforcement of
judgments contained in Article XII of the Code of Civil Procedure.
(e) The Illinois Department shall not be required to furnish bond or make a
deposit for or pay any costs or fees of any court or officer thereof in any
legal proceeding involving the lien.
(f) To protect the lien of the State for past-due child support and for any fine imposed on a payor, the
Illinois Department may, from funds that are available for that purpose, pay
or provide for the payment of necessary or essential repairs, purchase tax
certificates, or pay or cause to be
satisfied any prior liens on the property to which the lien hereunder applies.
(g) A lien on personal property under this Section shall be released
in the manner provided under Article XII
of the Code of Civil Procedure.
Notwithstanding the foregoing, a lien under this Section on accounts as defined
in Section 10-24 shall expire upon the passage of 120 days from the date of
issuance of the Notice of Lien or Levy by the Illinois Department. However,
the lien
shall remain in effect during the pendency of any appeal or protest.
(h) A lien created under this Section is subordinate to any prior lien of
the financial institution or any prior lien holder or any prior right of
set-off that the financial institution may have against the assets, or in the
case of an insurance company or benefit association only in the accounts as
defined in Section 10-24.
(i) A financial institution has no obligation under this Section to hold,
encumber, or surrender the assets, or in the case of an insurance company or
benefit association only the accounts as defined in Section 10-24, until the
financial
institution has been properly served with a subpoena, summons, warrant,
court or administrative order, or administrative lien and levy requiring that
action.
(Source: P.A. 99-85, eff. 1-1-16; 99-157, eff. 7-1-17; 99-642, eff. 7-28-16.) |
(305 ILCS 5/10-26)
Sec. 10-26.
State Disbursement Unit.
(a) Effective October 1, 1999 the Illinois Department shall establish a
State Disbursement Unit in accordance with the requirements of Title IV-D of
the Social Security Act. The Illinois Department shall enter into an agreement
with a State or local governmental unit or private entity to perform the
functions of the State Disbursement Unit as set forth in this Section. The
State Disbursement Unit shall collect and disburse support payments made under
court and administrative support orders:
(1) being enforced in cases in which child and spouse | ||
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(2) in all cases in which child and spouse support | ||
| ||
(a-2) The contract entered into by the Illinois Department with a
public or
private entity or an individual for the operation of the State
Disbursement
Unit is subject to competitive bidding. In addition, the contract is subject
to Section
10-26.2 of this
Code. As used in this subsection (a-2), "contract" has the same meaning as in
the Illinois
Procurement Code.
(a-5) If the State Disbursement Unit receives a support payment that was
not appropriately made to the Unit under this Section, the Unit shall
immediately return the payment to the sender, including, if possible,
instructions detailing where to send the support payments.
(b) All payments received by the State Disbursement Unit:
(1) shall be deposited into an account obtained by | ||
| ||
(2) distributed and disbursed by the State | ||
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(c) All support payments assigned to the Illinois Department under Article X
of this Code and rules promulgated by the Illinois Department that are
disbursed to the Illinois Department by the State Disbursement Unit shall be
paid into the Child Support Enforcement Trust Fund.
(d) If the agreement with the State or local governmental unit or private
entity provided for in this Section is not in effect for any reason, the
Department shall perform the functions of the State Disbursement Unit as set
forth in this Section for a maximum of 12 months before July 1, 2001, and for
a
maximum of 24 months after June 30, 2001. If the Illinois Department is
performing the functions of the State Disbursement Unit on July 1, 2001, then
the Illinois Department shall make an award on or before December 31, 2002, to
a State or local government unit or private entity to perform the functions of
the State Disbursement Unit.
Payments received by the Illinois Department in performance of the duties
of the State
Disbursement Unit shall be deposited into the State Disbursement Unit Revolving
Fund established under Section 12-8.1.
Nothing in this Section shall prohibit the Illinois Department from holding
the State Disbursement Unit Revolving Fund after June 30, 2003.
(e) By February 1, 2000, the Illinois Department shall conduct at least 4
regional training and educational seminars to educate the clerks of the circuit
court on the general operation of the State Disbursement Unit, the role of the
State Disbursement Unit, and the role of the clerks of the circuit court in the
collection and distribution of child support payments.
(f) By March 1, 2000, the Illinois Department shall conduct at least 4
regional educational and training seminars to educate payors, as defined
in the Income Withholding for Support Act, on the general operation of the
State Disbursement Unit, the role of the State Disbursement Unit, and the
distribution of income withholding payments pursuant to this Section and the
Income Withholding for Support Act.
(Source: P.A. 92-44, eff. 7-1-01; 93-20, eff. 6-20-03.)
|
(305 ILCS 5/10-26.2)
Sec. 10-26.2.
Contracts concerning the operation of the State Disbursement
Unit.
(a) In this Section:
"Contract" has the same meaning as in the Illinois Procurement Code.
"SDU contractor" means any public or private entity or individual with whom
the
Illinois Department enters into a contract in connection with the operation of
the State
Disbursement Unit.
(b) The contract entered into by the Illinois Department with a public or
private
entity or an individual in connection with the operation of the State
Disbursement Unit
must contain, at a minimum, the provisions set forth in this Section.
(c) The contract must include standards and procedures
to ensure that the data
relied on
by the State Disbursement Unit in performing its functions is accurate so that
the State
Disbursement Unit will be able to effectively administer the collection and
disbursement
of support payments.
(d) The contract must contain provisions to ensure that all clerks of the
circuit
court have access to
non-custodial
parents' support payment information in the possession of the State
Disbursement Unit.
(e) The contract must contain provisions to ensure that notices to employers
in
connection with the collection of support are clear and consistent and that the
SDU
contractor will promptly inform an employer about any problems and any
necessary
changes in connection with the collection of support.
(f) The contract must contain appropriate management controls to ensure that
(i)
all of the SDU contractor's actions in performing the functions of the State
Disbursement
Unit are reasonably planned, timely implemented, and adequately controlled and
(ii) all
reports that are necessary to provide the Illinois Department with the
information
necessary to effectively monitor the quality and accuracy of the SDU
contractor's actions
in performing the functions of the State Disbursement Unit are timely filed.
(g) The contract must contain provisions specifying standards with respect
to the level of performance expected of the SDU contractor. The contract may
include provisions for incentives and penalties in connection with the SDU
contractor's performance.
(h) The contract must contain provisions projecting the number of active
support collection and disbursement cases to be handled by the State
Disbursement Unit and estimating the number of support disbursement
transactions to be handled each year.
(i) The contract must contain provisions requiring
compliance with all
applicable federal
requirements concerning disbursement of support.
The contract must also contain provisions for the Illinois Department's
regular, periodic
review of reports on disbursement performance.
(j) The contract must contain provisions requiring the SDU contractor to
submit
to the Illinois Department, within 45 days after the end of each State fiscal
year, a
completed American Institute of Certified Public Accountants Statement on
Auditing
Standards Number 88 (SAS 88) or its successor for the purpose of enabling the
Illinois
Department to
appropriately monitor the State Disbursement Unit's performance as a service
organization and to enable the Auditor General, as the external auditor of the
State
Disbursement Unit, to ensure that appropriate controls are present.
(k) The contract must contain provisions requiring the Illinois Department
and the
SDU contractor to examine the causes of untimely disbursement of support
payments and
inappropriate cost recovery and to take prompt action to ensure the timely and
accurate
disbursement of support payments. The contract must also contain provisions
for the
final disposition of support payments that cannot be processed by
the State
Disbursement Unit within 2 business days.
(l) The contract must contain provisions to ensure that neither the Illinois
Department nor the SDU contractor uses moneys collected and held in trust for
the
payment of support for any purpose other than that for which the moneys were
collected.
(m) The contract must contain provisions requiring the Illinois Department
to audit
the disbursement of all emergency support payments and report to the General
Assembly
the results of the audit, including, without limitation, the number of
emergency support
payment checks issued by the State Disbursement Unit, the amount of repayments
received from recipients of those checks, and amounts for which the Illinois
Department did not seek repayment.
(Source: P.A. 92-44, eff. 7-1-01.)
|
(305 ILCS 5/10-26.5)
Sec. 10-26.5.
Delayed payment from State Disbursement Unit.
(a) In this Section, "adversely affected recipient of support" means a person
who meets
all of the following criteria:
(1) The person is entitled to disbursement of a child | ||
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(2) The person either (i) does not receive from the | ||
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(3) As a result of the nonreceipt of the disbursement | ||
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(b) Upon the request of an adversely affected recipient of support, the
Illinois Department shall send a letter to the recipient
verifying the delayed or undisbursed child support payment. The recipient may
submit that letter to the appropriate credit reporting
agency for placement in the recipient's credit file.
(c) The Illinois Department shall adopt rules necessary to implement this
Section.
(Source: P.A. 91-793, eff. 6-9-00.)
|
(305 ILCS 5/10-27)
Sec. 10-27. State Case Registry.
(a) The Illinois Department shall establish an automated State Case
Registry to
contain records concerning child support orders for parties receiving child
support enforcement services under this Article X, and for all child support
orders entered or modified on or after October 1, 1998. The State Case
Registry shall include (i) the information filed with the Illinois Department,
or filed with the clerk of the circuit court and provided to the Illinois
Department, under the provisions of Sections 10-10.5 and 10-11.2 of this Code,
Section 505.3 of the Illinois Marriage and Dissolution of Marriage Act, Section
30 of the Non-Support Punishment Act, Section 803 of the Illinois Parentage Act of 2015, and Section 14.1 of the Illinois
Parentage Act of 1984, and (ii) any other information required under Title IV,
Part D of the Social Security Act or by the federal Department of Health and
Human Services.
(b) (Blank).
(c) The Illinois Department shall maintain the following payment information
on child support orders for parties receiving child support
enforcement services
under
this Article X:
(1) the amount of monthly or other periodic support | ||
| ||
(2) any amounts described in subdivision (1) of | ||
| ||
(3) the distribution of the collected amounts; and
(4) the amount of any lien imposed with respect to | ||
| ||
(d) The Illinois Department shall establish, update, maintain, and monitor
case records in the Registry of parties receiving child support
enforcement services under this Article X, on the bases of:
(1) information on administrative actions and | ||
| ||
(2) information obtained from comparison with | ||
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(3) information on support collections and | ||
| ||
(4) any other relevant information.
(e) The Illinois Department shall use the automated State Case Registry to
share and compare information with, and receive information from, other data
bases and information comparison services in order to obtain (or provide)
information necessary to enable the Illinois Department (or the federal
Department of Health and Human Services or other State or federal agencies) to
carry out the requirements of the child support enforcement program established
under Title IV, Part D of the Social Security Act. Such information comparison
activities shall include the following:
(1) Furnishing to the Federal Case Registry of Child | ||
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(2) Exchanging information with the Federal Parent | ||
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(3) Exchanging information with State agencies (of | ||
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(4) Exchanging information with other agencies of | ||
| ||
(5) Disclosing information to any other entities as | ||
| ||
(f) The Illinois Department shall adopt rules establishing safeguards,
applicable to all confidential information included in the State Case Registry,
that are designed to protect the privacy rights of persons concerning whom
information is on record in the State Case Registry. Such safeguards shall
include,
but not be limited to the following:
(1) Prohibitions against the release of information | ||
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(2) Prohibitions against the release of information | ||
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(3) Prohibitions against the release of information | ||
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(Source: P.A. 99-85, eff. 1-1-16.)
|
(305 ILCS 5/10-28) Sec. 10-28. Notice of child support enforcement services. The Illinois Department may provide notice at any time to the parties to a judicial action filed under this Code, or under any other law providing for support of a spouse or dependent child, that child support enforcement services are being provided by the Illinois Department under this Article X. The notice shall be sent by regular mail to the party's last known address on file with the clerk of the court or the State Case Registry established under Section 10-27. After notice is provided pursuant to this Section, the Illinois Department shall be entitled, as if it were a party, to notice of any further proceedings brought in the case. The Illinois Department shall provide the clerk of the court with copies of the notices sent to the parties. The clerk shall file the copies in the court file.
(Source: P.A. 94-88, eff. 1-1-06.) |
(305 ILCS 5/Art. XI heading) ARTICLE XI.
GENERAL PROVISIONS PERTAINING
TO RIGHTS AND RESPONSIBILITIES OF
APPLICANTS AND RECIPIENTS
|
(305 ILCS 5/11-1) (from Ch. 23, par. 11-1)
Sec. 11-1.
No discrimination).
There shall be no discrimination or denial
of financial aid and social services on account of the race, religion, color,
national origin, sex, marital status, or political affiliation of any
applicant or recipient. This paragraph shall not prevent the Department from
treating individuals differently as a result of the rights and responsibilities
that arise under law from marital status.
Participation in any marriage promotion or family formation activity is
voluntary.
Non-participation shall not affect any person's eligibility for or receipt of
financial aid or
social services in any program under this Code.
Where financial aid or social services are granted to certain classes of
persons under a program for which federal funds are available, nothing in
this Section shall require granting of financial aid or social services
to other persons where federal funds would not be available as to those other
persons.
(Source: P.A. 93-598, eff. 8-26-03.)
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(305 ILCS 5/11-2) (from Ch. 23, par. 11-2)
Sec. 11-2.
Conduct
of administrative staff.
Every person administering any provision of this Code shall conduct
himself or herself with courtesy, consideration and respect toward all
applicants and
recipients and perform duties in such manner as to secure for every
applicant and recipient the aid and services to which the person
may be entitled.
Any applicant or recipient who feels he or she has not been treated properly
by administrative staff or the Department in regard to the aforementioned
conduct provisions shall be afforded the right to complain to the Department
about such treatment. The Department shall advise applicants and recipients
of this right through informational brochures and publicly posted information.
Such complaints shall be treated confidentially and the Department and its
employees shall not otherwise discriminate against any applicant or recipient
because such individual complains about the conduct of Department staff.
(Source: P.A. 82-555.)
|
(305 ILCS 5/11-2.1) (from Ch. 23, par. 11-2.1)
Sec. 11-2.1.
No private business and vocational school, as defined in
the Private Business and Vocational Schools Act of 2012,
may solicit an
applicant or recipient within a public aid office or within 100 feet of a
public aid office, for the purpose of enrolling the applicant or recipient
in a work or training program, without the express written consent of the
Illinois Department.
Any person violating this Section shall be guilty of a Class A misdemeanor.
"Public aid office" for the purpose of this Section includes any
business office of the Department where a person may apply for or receive
benefits or services under this Code, the building in which such office is
located, and any parking area connected to such office that is owned or
leased by the State for the benefit of the Department for use by personnel
of the Department or by applicants or recipients.
(Source: P.A. 97-650, eff. 2-1-12.)
|
(305 ILCS 5/11-3) (from Ch. 23, par. 11-3)
Sec. 11-3. Assignment and attachment of aid prohibited. Except as provided
below in this
Section and in Section 11-3.3, all financial aid given under
Articles III, IV, V, and VI and money payments for child care
services
provided by a child care provider under Articles
IX
and IXA shall not be subject to
assignment,
sale,
attachment, garnishment, or otherwise. Provided, however, that a medical
vendor may use his right to receive vendor payments as collateral for loans
from financial institutions so long as such arrangements do not constitute
any activity prohibited under Section 1902(a)(32) of the Social Security
Act and regulations promulgated thereunder, or any other applicable laws or
regulations. Provided further, however, that a medical or other vendor or a
service provider may assign, reassign, sell, pledge or grant a security
interest in any such financial aid, vendor payments or money payments or
grants which he has a right to receive to the Illinois
Finance Authority, in connection with any financing program undertaken by
the Illinois Finance Authority. Each Authority may utilize a
trustee or agent to accept, accomplish, effectuate or realize upon any such
assignment, reassignment, sale, pledge or grant on that Authority's behalf.
Provided further, however, that nothing herein shall prevent the Illinois
Department from collecting any assessment, fee, interest or penalty due under
Article V-A, V-B, V-C, or V-E by withholding financial aid as payment of such
assessment, fee, interest, or penalty. Any alienation in contravention of this
statute does not diminish and does not affect the validity, legality or
enforceability of any underlying obligations for which such alienation may
have been made as collateral between the parties to the alienation. This
amendatory Act shall be retroactive in application and shall pertain to
obligations existing prior to its enactment.
(Source: P.A. 95-331, eff. 8-21-07.)
|
(305 ILCS 5/11-3.1) (from Ch. 23, par. 11-3.1)
Sec. 11-3.1. Any recipient of financial aid which is payable to the
recipient at regular intervals may elect to have the aid deposited, and the
Illinois Department of Human Services is authorized to deposit the aid,
directly in the
recipient's savings account or checking account or in any electronic
benefits transfer account or accounts in a financial institution approved
by the Illinois Department of Human Services and in accordance with the rules
and regulations
of the Department of Human Services. The Illinois Department of Human Services
and any electronic benefits
transfer financial institutions or contractor shall encourage financial
institutions to provide checking account and savings account services to
recipients of public aid.
Any recipient of financial aid or benefits distributed by means other
than electronic benefits transfer under Articles III, IV, and VI of this
Code may elect to receive the aid by means of direct deposit transmittals
to his or her account maintained at a bank, savings and loan association,
or credit union or by means of electronic benefits transfer in a financial
institution approved by the Illinois Department of Human Services and in accordance with
rules and regulations of the Illinois Department of Human Services. The Illinois Department of Human Services
may distribute financial aid or food stamp benefits by means of electronic
benefits transfer and may require recipients to receive financial aid or
food stamp benefits by means of electronic benefits transfer, provided that
any electronic benefits transfer made under this Section shall be
accomplished in compliance with the Electronic Fund Transfer Act and any relevant rules promulgated thereunder. The Illinois
Department of Human Services may provide for a method of compensation for services in
accordance with the rules and regulations of the Illinois Department of Human Services, the
United States Department of Agriculture, the United States Department of
Health and Human Services, and the State Comptroller and the State
Treasurer. The Illinois Department of Human Services shall require a
convenient density of
distribution points for recipients of public aid to have adequate options
to access aid held in an electronic benefits transfer account. No fee may
be charged to recipients for reasonable access to public aid benefits held
in such an account. Deposits into a financial institution for electronic
benefits transfer accounts shall be subject to community reinvestment and
to serving public benefits recipients pursuant to relevant criteria of the
State Treasurer, Comptroller, and the Illinois Department of Human
Services.
The Electronic Benefits Transfer Fund is hereby created for the purpose of
electronically disbursing public aid benefits.
The electronic benefits transfer contractor shall inform the Department of
Human Services
whenever it has distributed financial aid to individuals by means of electronic
benefits transfer. The Illinois Department of Human Services shall determine
the amount to be
reimbursed to the contractor and shall direct the State Treasurer to transfer
this
portion of the amount previously vouchered by the Department of Human Services
and approved by
the Comptroller pursuant to Section 9.05(c) of the State Comptroller Act to the
contractor from the Electronic Benefits Transfer Fund created
under Section 9.05(b) of the State Comptroller Act in accordance with the rules
and regulations of the Illinois Department of Human Services, the United
States Department of
Agriculture, the United States Department of Health and Human Services, the
State Comptroller, and the State Treasurer.
(Source: P.A. 95-331, eff. 8-21-07.)
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(305 ILCS 5/11-3.2) (from Ch. 23, par. 11-3.2)
Sec. 11-3.2.
Upon the request of a penal or correctional facility,
the Illinois Department shall cooperate in providing informational material
and application forms concerning financial aid or social services under
this Act to the facility and in providing an interview with the appropriate
Public Aid office for persons incarcerated in such facility upon their
release from the facility.
In consideration of any application for financial aid or social
services of persons released from a penal or correctional institution,
a permanent address shall not be required to establish residence in the
determination of eligibility. Other requirements necessary to establish
eligibility for assistance under this code shall apply.
(Source: P.A. 82-497.)
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(305 ILCS 5/11-3.3) (from Ch. 23, par. 11-3.3)
Sec. 11-3.3. Payment to provider or governmental agency or entity.
Payments under this Code shall be made to the provider, except that the
Department may issue or may agree to issue the payment directly to
the Illinois
Finance
Authority or any other governmental agency or entity, including any bond
trustee for that agency or entity, to whom the provider has assigned,
reassigned, sold, pledged or granted a security interest in the payments
that the provider has a right to receive, provided that the issuance or
agreement to issue is not prohibited under Section 1902(a)(32) of the Social
Security Act.
(Source: P.A. 95-331, eff. 8-21-07.)
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(305 ILCS 5/11-4) (from Ch. 23, par. 11-4)
Sec. 11-4.
Applications; assistance in making applications.
An application for public assistance shall be deemed an application for
all such benefits to which any person may be entitled except to the
extent that the applicant expressly declines
in writing to apply for particular benefits. The Illinois Department shall
provide information in writing about all benefits provided under this Code
to any person seeking public assistance.
The Illinois Department shall also provide information in writing and orally
to all applicants about an election to have financial aid deposited directly in
a recipient's savings account or checking account or in any electronic benefits
account or accounts as provided in Section 11-3.1, to the extent that those
elections are actually available, including information on any programs
administered by the State Treasurer to facilitate or encourage the distribution
of financial aid by direct deposit or electronic benefits transfer.
The Illinois Department shall
determine the applicant's eligibility for cash assistance, medical
assistance and food stamps unless the applicant expressly declines in
writing to apply for particular benefits.
The Illinois Department shall adopt policies and procedures to facilitate
timely changes between programs that result from changes in categorical
eligibility factors.
The County departments, local governmental units and the Illinois
Department shall
assist applicants for public assistance to properly complete their
applications. Such assistance shall include, but not be limited to, assistance
in securing
evidence in support of their eligibility.
(Source: P.A. 88-232.)
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(305 ILCS 5/11-4.1) Sec. 11-4.1. Medical providers assisting with applications for medical assistance. A provider enrolled to provide medical assistance services may, upon the request of an individual, accompany, represent, and assist the individual in applying for medical assistance under Article V of this Code. If an individual is unable to request such assistance due to incapacity or mental incompetence and has no other representative willing or able to assist in the application process, a facility licensed under the Nursing Home Care Act, the ID/DD Community Care Act, or the MC/DD Act or certified under this Code is authorized to assist the individual in applying for long-term care services. Subject to the provisions of the Free Healthcare Benefits Application Assistance Act, nothing in this Section shall be construed as prohibiting any individual or entity from assisting another individual in applying for medical assistance under Article V of this Code.
(Source: P.A. 99-180, eff. 7-29-15.) |
(305 ILCS 5/11-4.2) Sec. 11-4.2. Application assistance for enrolling individuals in the medical assistance program. (a) The Department shall have procedures to allow application agents to assist in enrolling individuals in the medical assistance program. As used in this Section, "application agent" means an organization or individual, such as a licensed health care provider, school, youth service agency, employer, labor union, local chamber of commerce, community-based organization, or other organization, approved by the Department to assist in enrolling individuals in the medical assistance program. (b) At the Department's discretion, technical assistance payments may be made available for approved applications facilitated by an application agent. The Department shall permit day and temporary labor service agencies, as defined in the Day and Temporary Labor Services Act, doing business in Illinois to enroll as unpaid application agents. As established in the Free Healthcare Benefits Application Assistance Act, it shall be unlawful for any person to charge another person or family for assisting in completing and submitting an application for enrollment in the medical assistance program. (c) Existing enrollment agreements or contracts for all application agents, technical assistance payments, and outreach grants that were authorized under Section 22 of the Children's Health Insurance Program Act and Sections 25 and 30 of the Covering ALL KIDS Health Insurance Act prior to those Acts becoming inoperative shall continue to be authorized under this Section per the terms of the agreement or contract until modified, amended, or terminated.
(Source: P.A. 102-43, eff. 7-6-21.) |
(305 ILCS 5/11-5) (from Ch. 23, par. 11-5)
Sec. 11-5. Investigation of applications.
The County Department or local governmental unit shall promptly, upon
receipt of an application, make the necessary investigation, as
prescribed by rule of the Illinois Department, for determining the
eligibility of the applicant for aid.
A report of every investigation shall be made in writing and become a
part of the record in each case.
The Illinois Department may by
rule prescribe the circumstances under which information furnished by
applicants in respect to their eligibility may be presumed prima facie
correct, subject to all civil and criminal penalties and recoveries
provided in this Code if the additional investigation establishes that
the applicant made false statements or was otherwise ineligible for
aid.
(Source: P.A. 93-632, eff. 2-1-04.)
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(305 ILCS 5/11-5.1) Sec. 11-5.1. Eligibility verification. Notwithstanding any other provision of this Code, with respect to applications for medical assistance provided under Article V of this Code, eligibility shall be determined in a manner that ensures program integrity and complies with federal laws and regulations while minimizing unnecessary barriers to enrollment. To this end, as soon as practicable, and unless the Department receives written denial from the federal government, this Section shall be implemented: (a) The Department of Healthcare and Family Services or its designees shall: (1) By no later than July 1, 2011, require | ||
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(2) By no later than October 1, 2011, require | ||
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(3) By no later than July 1, 2011, require | ||
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The Department, with federal approval, may choose to adopt continuous financial eligibility for a full 12 months for adults on Medicaid. (b) The Department shall establish or continue cooperative
arrangements with the Social Security Administration, the
Illinois Secretary of State, the Department of Human Services,
the Department of Revenue, the Department of Employment
Security, and any other appropriate entity to gain electronic
access, to the extent allowed by law, to information available
to those entities that may be appropriate for electronically
verifying any factor of eligibility for benefits under the
Program. Data relevant to eligibility shall be provided for no
other purpose than to verify the eligibility of new applicants or current recipients of health benefits under the Program. Data shall be requested or provided for any new applicant or current recipient only insofar as that individual's circumstances are relevant to that individual's or another individual's eligibility. (c) Within 90 days of the effective date of this amendatory Act of the 96th General Assembly, the Department of Healthcare and Family Services shall send notice to current recipients informing them of the changes regarding their eligibility verification.
(d) As soon as practical if the data is reasonably available, but no later than January 1, 2017, the Department shall compile on a monthly basis data on eligibility redeterminations of beneficiaries of medical assistance provided under Article V of this Code. In addition to the
other data required under this subsection, the Department
shall compile on a monthly basis data on the percentage of
beneficiaries whose eligibility is renewed through ex parte
redeterminations as described in subsection (b) of Section
5-1.6 of this Code, subject to federal approval of the changes
made in subsection (b) of Section 5-1.6 by this amendatory Act
of the 102nd General Assembly. This data shall be posted on the Department's website, and data from prior months shall be retained and available on the Department's website. The data compiled and reported shall include the following: (1) The total number of redetermination decisions | ||
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(2) A breakdown of enrollee language preference for | ||
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(3) The percentage of cancellation decisions made in | ||
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(A) The beneficiary's ineligibility due to excess | ||
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(B) The beneficiary's ineligibility due to not | ||
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(C) The beneficiary's ineligibility due to being | ||
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(D) The beneficiary's request to cancel benefits. (E) The beneficiary's lack of response after | ||
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(F) The beneficiary's lack of response to a | ||
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(G) Other reasons tracked by the Department for | ||
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(4) If a vendor is utilized to provide services in | ||
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(5) Of the total number of benefit cancellations in a | ||
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(e) The Department shall conduct a complete review of the Medicaid redetermination process in order to identify changes that can increase the use of ex parte redetermination processing. This review shall be completed within 90 days after the effective date of this amendatory Act of the 101st General Assembly. Within 90 days of completion of the review, the Department shall seek written federal approval of policy changes the review recommended and implement once approved. The review shall specifically include, but not be limited to, use of ex parte redeterminations of the following populations: (1) Recipients of developmental disabilities | ||
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(2) Recipients of benefits under the State's Aid to | ||
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(3) Recipients of Medicaid long-term care services | ||
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(4) All Modified Adjusted Gross Income (MAGI) | ||
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(5) Populations with no verifiable income. (6) Self-employed people. The report shall also outline populations and circumstances in which an ex parte redetermination is not a recommended option. (f) The Department shall explore and implement, as practical and technologically possible, roles that stakeholders outside State agencies can play to assist in expediting eligibility determinations and redeterminations within 24 months after the effective date of this amendatory Act of the 101st General Assembly. Such practical roles to be explored to expedite the eligibility determination processes shall include the implementation of hospital presumptive eligibility, as authorized by the Patient Protection and Affordable Care Act. (g) The Department or its designee shall seek federal approval to enhance the reasonable compatibility standard from 5% to 10%. (h) Reporting. The Department of Healthcare and Family Services and the Department of Human Services shall publish quarterly reports on their progress in implementing policies and practices pursuant to this Section as modified by this amendatory Act of the 101st General Assembly. (1) The reports shall include, but not be limited to, | ||
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(A) Medical application processing, including a | ||
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(B) Medical redeterminations completed, | ||
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(C) A narrative discussion on issues identified | ||
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(2) Initial reports shall be issued within 90 days | ||
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(3) All reports shall be published on the | ||
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(i) It is the determination of the General Assembly that the Department must include seniors and persons with disabilities in ex parte renewals. It is the determination of the General Assembly that the Department must use its asset verification system to assist in the determination of whether an individual's coverage can be renewed using the ex parte process. If a State Plan amendment is required, the Department shall pursue such State Plan amendment by July 1, 2022. Within 60 days after receiving federal approval or guidance, the Department of Healthcare and Family Services and the Department of Human Services shall make necessary technical and rule changes to implement these changes to the redetermination process. (Source: P.A. 101-209, eff. 8-5-19; 101-649, eff. 7-7-20; 102-1037, eff. 6-2-22.) |
(305 ILCS 5/11-5.2) Sec. 11-5.2. Income, Residency, and Identity Verification System. (a) The Department shall ensure that its proposed integrated eligibility system shall include the computerized functions of income, residency, and identity eligibility verification to verify eligibility, eliminate duplication of medical assistance, and deter fraud. Until the integrated eligibility system is operational, the Department may enter into a contract with the vendor selected pursuant to Section 11-5.3 as necessary to obtain the electronic data matching described in this Section. This contract shall be exempt from the Illinois Procurement Code pursuant to subsection (h) of Section 1-10 of that Code. (b) Prior to awarding medical assistance at application under Article V of this Code, the Department shall, to the extent such databases are available to the Department, conduct data matches using the name, date of birth, address, and Social Security Number of each applicant or recipient or responsible relative of an applicant or recipient against the following: (1) Income tax information. (2) Employer reports of income and unemployment | ||
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(3) Earned and unearned income, citizenship and | ||
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(4) Immigration status information maintained by the | ||
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(5) Wage reporting and similar information maintained | ||
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(6) Employment information maintained by the | ||
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(7) Employment information maintained by the United | ||
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(8) Veterans' benefits information maintained by the | ||
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(9) Residency information maintained by the Illinois | ||
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(10) A database which is substantially similar to or | ||
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(c) (Blank). (d) If a discrepancy results between information provided by an applicant, recipient, or responsible relative and information contained in one or more of the databases or information tools listed under subsection (b) of this Section or subsection (c) of Section 11-5.3 and that discrepancy calls into question the accuracy of information relevant to a condition of eligibility provided by the applicant, recipient, or responsible relative, the Department or its contractor shall review the applicant's or recipient's case using the following procedures: (1) If the information discovered under subsection | ||
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(2) If the information discovered results in the | ||
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(3) If the information discovered is insufficient to | ||
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(4) If the applicant or recipient does not respond to | ||
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(5) If an applicant or recipient responds to the | ||
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(6) Suspected cases of fraud shall be referred to the | ||
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(e) The Department shall adopt any rules necessary to implement this Section.
(Source: P.A. 97-689, eff. 6-14-12; 98-756, eff. 7-16-14.) |
(305 ILCS 5/11-5.3) Sec. 11-5.3. Procurement of vendor to verify eligibility for assistance under Article V. (a) No later than 60 days after the effective date of this amendatory Act of the 97th General Assembly, the Chief Procurement Officer for General Services, in consultation with the Department of Healthcare and Family Services, shall conduct and complete any procurement necessary to procure a vendor to verify eligibility for assistance under Article V of this Code. Such authority shall include procuring a vendor to assist the Chief Procurement Officer in conducting the procurement. The Chief Procurement Officer and the Department shall jointly negotiate final contract terms with a vendor selected by the Chief Procurement Officer. Within 30 days of selection of an eligibility verification vendor, the Department of Healthcare and Family Services shall enter into a contract with the selected vendor. The Department of Healthcare and Family Services and the Department of Human Services shall cooperate with and provide any information requested by the Chief Procurement Officer to conduct the procurement. (b) Notwithstanding any other provision of law, any procurement or contract necessary to comply with this Section shall be exempt from: (i) the Illinois Procurement Code pursuant to Section 1-10(h) of the Illinois Procurement Code, except that bidders shall comply with the disclosure requirement in Sections 50-10.5(a) through (d), 50-13, 50-35, and 50-37 of the Illinois Procurement Code and a vendor awarded a contract under this Section shall comply with Section 50-37 of the Illinois Procurement Code; (ii) any administrative rules of this State pertaining to procurement or contract formation; and (iii) any State or Department policies or procedures pertaining to procurement, contract formation, contract award, and Business Enterprise Program approval. (c) Upon becoming operational, the contractor shall conduct data matches using the name, date of birth, address, and Social Security Number of each applicant and recipient against public records to verify eligibility. The contractor, upon preliminary determination that an enrollee is eligible or ineligible, shall notify the Department, except that the contractor shall not make preliminary determinations regarding the eligibility of persons residing in long term care facilities whose income and resources were at or below the applicable financial eligibility standards at the time of their last review. Within 20 business days of such notification, the Department shall accept the recommendation or reject it with a stated reason. The Department shall retain final authority over eligibility determinations. The contractor shall keep a record of all preliminary determinations of ineligibility communicated to the Department. Within 30 days of the end of each calendar quarter, the Department and contractor shall file a joint report on a quarterly basis to the Governor, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Senate President, and the Senate Minority Leader. The report shall include, but shall not be limited to, monthly recommendations of preliminary determinations of eligibility or ineligibility communicated by the contractor, the actions taken on those preliminary determinations by the Department, and the stated reasons for those recommendations that the Department rejected. (d) An eligibility verification vendor contract shall be awarded for an initial 2-year period with up to a maximum of 2 one-year renewal options. Nothing in this Section shall compel the award of a contract to a vendor that fails to meet the needs of the Department. A contract with a vendor to assist in the procurement shall be awarded for a period of time not to exceed 6 months.
(e) The provisions of this Section shall be administered in compliance with federal law. (Source: P.A. 101-10, eff. 6-5-19; 101-209, eff. 8-5-19.) |