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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
PUBLIC AID (305 ILCS 5/) Illinois Public Aid Code. 305 ILCS 5/12-10.7a (305 ILCS 5/12-10.7a)
Sec. 12-10.7a. The Money Follows the Person Budget Transfer Fund is hereby created as a special fund in the State treasury. (a) Notwithstanding any State law to the contrary, the following moneys shall be deposited into the Fund: (1) enhanced federal financial participation funds | | related to any spending under a Money Follows the Person demonstration project or initiative, as approved by the federal Centers for Medicare and Medicaid Services and codified at 20 ILCS 2407/51 et seq., regardless of whether such spending occurred from the Money Follows the Person Budget Transfer Fund;
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| (2) federal financial participation funds related to
| | any spending under a Money Follows the Person demonstration project or initiative, as approved by the federal Centers for Medicare and Medicaid Services and codified at 20 ILCS 2407/51 et seq., that occurred from the Money Follows the Person Budget Transfer Fund;
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| (2.5) other federal funds awarded for a Money
| | Follows the Person demonstration project or initiative, as approved by the federal Centers for Medicare and Medicaid Services and codified at 20 ILCS 2407/51 et seq.;
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| (3) deposits made via the voucher-warrant process
| | from institutional long-term care appropriations to the Department of Healthcare and Family Services and institutional developmentally disabled long-term care appropriations to the Department of Human Services;
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| (4) deposits made via the voucher-warrant process
| | from appropriation lines used to fund community-based services for individuals eligible for nursing facility level of care to the Department of Human Services, the Department on Aging, or the Department of Healthcare and Family Services;
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| (5) interest earned on moneys in the Fund; and
(6) all other moneys received by the Fund from any
| | (b) Subject to appropriation, moneys in the Fund may be used by the Department of Healthcare and Family Services for reimbursement or payment for:
(1) expenses related to rebalancing long-term care
| | services between institutional and community-based settings as authorized under a Money Follows the Person demonstration project or initiative, as approved by the federal Centers for Medicare and Medicaid Services and codified at 20 ILCS 2407/51 et seq., including, but not limited to, reimbursement to other entities of State government for related expenditures;
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| (2) expenses for community-based services for
| | individuals eligible for nursing facility level of care in the Department of Human Services, the Department on Aging, or the Department of Healthcare and Family Services to the extent the expenses reimbursed or paid are in excess of the amounts budgeted to those Departments each fiscal year for persons transitioning out of institutional long-term care settings under a Money Follows the Person demonstration project or initiative, as approved by the federal Centers for Medicare and Medicaid Services and codified at 20 ILCS 2407/51 et seq.;
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| (3) expenses for institutional long-term care
| | services at the Department of Healthcare and Family Services to the extent that the expenses reimbursed or paid are for services in excess of the amount budgeted to the Department each fiscal year for persons who had or otherwise were expected to transition out of institutional long-term care settings under a Money Follows the Person demonstration project or initiative, as approved by the federal Centers for Medicare and Medicaid Services and codified at 20 ILCS 2407/51 et seq.; and
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| (4) expenses, including operational, administrative,
| | and refund expenses, necessary to implement and operate a Money Follows the Person demonstration project or initiative, as approved by the federal Centers for Medicare and Medicaid Services and codified at 20 ILCS 2407/51 et seq.
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| Expenses reimbursed or paid on behalf of other agencies by the Department of Healthcare and Family Services under this subsection shall be pursuant to an interagency agreement and allowable under a Money Follows the Person demonstration project or initiative, as approved by the federal Centers for Medicare and Medicaid Services and codified at 20 ILCS 2407/51 et seq.
(Source: P.A. 103-8, eff. 6-7-23.)
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305 ILCS 5/12-10.8
(305 ILCS 5/12-10.8)
Sec. 12-10.8. (Repealed).
(Source: P.A. 95-707, eff. 1-11-08. Repealed by P.A. 97-820, eff. 7-17-12.)
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305 ILCS 5/12-10.9
(305 ILCS 5/12-10.9)
Sec. 12-10.9. (Repealed).
(Source: P.A. 95-744, eff. 7-18-08. Repealed by P.A. 97-820, eff. 7-17-12.)
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305 ILCS 5/12-10.10 (305 ILCS 5/12-10.10) Sec. 12-10.10. HFS Technology Initiative Fund. (a) The HFS Technology Initiative Fund is hereby created as a trust fund within the State treasury with the State Treasurer as the ex-officio custodian of the Fund. (b) The Department of Healthcare and Family Services may accept and receive grants, awards, gifts, bequests, or other moneys from any source, public or private, in support of information technology initiatives. Those moneys received in support of information technology initiatives, and any interest earned thereon, shall be deposited into the HFS Technology Initiative Fund. (c) Moneys in the Fund may be used by the Department of Healthcare and Family Services for the purpose of making grants associated with the development and implementation of information technology projects or paying for operational expenses of the Department of Healthcare and Family Services related to such projects. The Department of Healthcare and Family Services may use moneys in the Fund to pay for administrative, operational, and project expenses of the Illinois Health and Human Services Innovation Incubator (HHSi2) project. Notwithstanding any provision of law to the contrary, the Department of Human Services shall have the authority to satisfy all Fiscal Year 2023 outstanding expenditure obligations or liabilities payable from the Fund pursuant to Section 25 of the State Finance Act. (d) The Department of Healthcare and Family Services, in consultation with the Department of Innovation and Technology, shall use the funds deposited into the HFS Technology Initiative Fund to pay for information technology solutions either provided by Department of Innovation and Technology or arranged or coordinated by the Department of Innovation and Technology.
(Source: P.A. 103-8, eff. 7-1-23.) |
305 ILCS 5/12-11
(305 ILCS 5/12-11) (from Ch. 23, par. 12-11)
Sec. 12-11. Deposits by State Treasurer. The State Treasurer shall
deposit moneys received by him as ex-officio custodian of the Child
Support Enforcement Trust Fund and the DHS Special Purposes Trust Fund in
banks or savings and loan associations which have been approved by him
as State Depositaries under the Deposit of State Moneys Act, and
with respect to such moneys shall be entitled to the
same rights and privileges as are provided by such Act with
respect to moneys in the treasury of the State of Illinois.
(Source: P.A. 99-933, eff. 1-27-17.)
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305 ILCS 5/12-12
(305 ILCS 5/12-12) (from Ch. 23, par. 12-12)
Sec. 12-12. Collection of claims; enforcement of penalty provisions. (a) The Illinois Department shall pursue the legal procedure necessary to
collect the claims and enforce the penalty provisions provided in any
Section or Article of this Code relative to applicants and recipients of
public aid. The Attorney General, at the request of the Illinois
Department, shall take the necessary proceedings and represent the
Illinois Department in any matter arising in connection with such claims
or enforcement of penalty provisions. (b) In matters concerning the recovery of overpayments for benefits provided by the Department of Human Services, the Department shall send a recipient written notice and a demand for payment of any amount in overpaid benefits owed within 5 years after the Department's right to collect the overpayment first accrued. The Department of Human Services shall issue such notice by certified mail to the recipient's last known mailing address. Actions brought under this subsection by the Attorney General for the recovery of overpayments shall be commenced within 10 years after the date upon which such notice was sent.
(Source: P.A. 103-485, eff. 1-1-24 .)
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305 ILCS 5/12-12.1
(305 ILCS 5/12-12.1)
Sec. 12-12.1.
Deadbeats most wanted list.
(a) The Director may disclose a "deadbeats most wanted list" of
individuals who are in arrears in their child support obligations under an
Illinois court order or administrative order. The list shall include only
those persons who are in arrears in an amount greater than $5,000 (or such
greater amount as established by the Department by rule). The list shall
not exceed 200 individuals at any point. The list shall include the
individual's name and address, the amount of any child support arrearage,
and any other information deemed appropriate by the Department.
(b) At least 90 days before the disclosure under subsection (a) of the
name of an individual who is in arrears in his or her child support
obligations, the Director shall mail a written notice to the individual by
certified mail addressed to the individual's last known address. The notice
shall detail the amount of the arrearage and the Department's intent to
disclose the arrearage. If the arrearage is not paid 60 days after the notice
was delivered to the individual or the Department has been notified that
delivery was refused, and the individual has not, since the mailing of the
notice, entered into a written agreement with the Department for payment
of the arrearage, the Director may disclose the individual's arrearage under
subsection (a).
(c) An individual in arrears in his or her child support obligations
under an Illinois court order or administrative order is not subject to
disclosure under subsection (a) if (1) a written agreement for payment
exists between the individual and the Department or (2) the arrearage is
the subject of an administrative hearing, administrative review, or judicial
review.
(d) The list shall be available for public inspection at the Department
or by other means of publication, including the Internet.
(e) A disclosure made by the Director in a good faith effort to
comply with this Section may not be considered a violation of any
confidentiality laws.
(Source: P.A. 92-373, eff. 7-1-02.)
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305 ILCS 5/12-13 (305 ILCS 5/12-13) (from Ch. 23, par. 12-13)
Sec. 12-13. Rules and regulations. The Department shall make all rules and
regulations and take such action as may be necessary or desirable for carrying
out the provisions of this Code, to the end that its spirit and purpose may be
achieved and the public aid programs administered efficiently throughout the
State. However, the rules and regulations shall not provide that payment for
services rendered to a specific recipient by (i) a person licensed under
the
Medical Practice Act of 1987, whether under a general or limited license,
(ii) a
person licensed or registered under other laws of this State to provide dental,
optometric, or pediatric care,
or (iii) a licensed clinical social worker
may be authorized only when services are
recommended for that recipient by a person licensed to practice medicine in all
its branches.
Whenever a rule of the Department requires that an applicant or
recipient verify information submitted to the Department, the rule, in
order to make the public fully aware of what information is required for
verification, shall specify the acceptable means of verification or shall
list examples of acceptable means of verification.
The provisions of the Illinois Administrative Procedure Act are hereby
expressly adopted and incorporated herein, and shall apply to all
administrative rules and procedures of the Illinois Department under this Act,
except that Section 5-35 of the Illinois Administrative Procedure Act relating
to procedures for rule-making does not apply to the adoption of any rule
required by federal law in connection with which the Illinois Department is
precluded by law from exercising any discretion, and the requirements of the
Administrative Procedure Act with respect to contested cases are not applicable
to (1) hearings involving eligibility of applicants or recipients of public
aid or (2) support hearings involving responsible relatives.
(Source: P.A. 95-518, eff. 8-28-07.)
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305 ILCS 5/12-13.05
(305 ILCS 5/12-13.05)
Sec. 12-13.05. Rules for Temporary Assistance for Needy Families.
All rules regulating the Temporary Assistance for Needy Families program and
all other rules regulating the amendatory changes to this Code made by this
amendatory Act of 1997 shall be promulgated pursuant to this Section.
(Source: P.A. 94-416, eff. 1-1-06.)
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305 ILCS 5/12-13.1
(305 ILCS 5/12-13.1)
Sec. 12-13.1. Inspector General.
(a) The Governor shall appoint, and the Senate shall confirm, an Inspector
General who shall function within the Illinois Department of Public Aid (now Healthcare and Family Services) and
report to the Governor. The term of the Inspector General shall expire on the
third Monday of January, 1997 and every 4 years thereafter.
(b) In order to prevent, detect, and eliminate fraud, waste, abuse,
mismanagement, and misconduct, the Inspector General shall oversee the
Department of Healthcare and Family Services' and the Department on Aging's integrity
functions, which include, but are not limited to, the following:
(1) Investigation of misconduct by employees, | | vendors, contractors and medical providers, except for allegations of violations of the State Officials and Employees Ethics Act which shall be referred to the Office of the Governor's Executive Inspector General for investigation.
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(2) Prepayment and post-payment audits of medical
| | providers related to ensuring that appropriate payments are made for services rendered and to the prevention and recovery of overpayments.
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(3) Monitoring of quality assurance programs
| | administered by the Department of Healthcare and Family Services and the Community Care Program administered by the Department on Aging.
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(4) Quality control measurements of the programs
| | administered by the Department of Healthcare and Family Services and the Community Care Program administered by the Department on Aging.
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(5) Investigations of fraud or intentional program
| | violations committed by clients of the Department of Healthcare and Family Services and the Community Care Program administered by the Department on Aging.
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(6) Actions initiated against contractors, vendors,
| | or medical providers for any of the following reasons:
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(A) Violations of the medical assistance program
| | and the Community Care Program administered by the Department on Aging.
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(B) Sanctions against providers brought in
| | conjunction with the Department of Public Health or the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities).
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(C) Recoveries of assessments against hospitals
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(D) Sanctions mandated by the United States
| | Department of Health and Human Services against medical providers.
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(E) Violations of contracts related to any
| | programs administered by the Department of Healthcare and Family Services and the Community Care Program administered by the Department on Aging.
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(7) Representation of the Department of Healthcare
| | and Family Services at hearings with the Illinois Department of Financial and Professional Regulation in actions taken against professional licenses held by persons who are in violation of orders for child support payments.
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(b-5) At the request of the Secretary of Human Services, the Inspector
General shall, in relation to any function performed by the Department of Human
Services as successor to the Department of Public Aid, exercise one or more
of the powers provided under this Section as if those powers related to the
Department of Human Services; in such matters, the Inspector General shall
report his or her findings to the Secretary of Human Services.
(c) Notwithstanding, and in addition to, any other
provision of law, the Inspector General shall have access to all information, personnel
and facilities of the
Department of Healthcare and Family Services and the Department of
Human Services (as successor to the Department of Public Aid), their employees, vendors, contractors and medical providers and any federal,
State or local governmental agency that are necessary to perform the duties of
the Office as directly related to public assistance programs administered by
those departments. No medical provider shall
be compelled, however, to provide individual medical records of patients who
are not clients of the programs administered by the Department of Healthcare and
Family Services. State and local
governmental agencies are authorized and directed to provide the requested
information, assistance or cooperation.
For purposes of enhanced program integrity functions and
oversight, and to the extent consistent with applicable
information and privacy, security, and disclosure laws, State
agencies and departments shall provide the Office of Inspector General access to confidential and other information and data, and the Inspector General is authorized to enter into agreements with appropriate federal agencies and departments to secure similar data. This includes, but is not limited to, information pertaining to: licensure; certification; earnings; immigration status; citizenship; wage reporting; unearned and earned income; pension income;
employment; supplemental security income; social security
numbers; National Provider Identifier (NPI) numbers; the
National Practitioner Data Bank (NPDB); program and agency
exclusions; taxpayer identification numbers; tax delinquency;
corporate information; and death records.
The Inspector General shall enter into agreements with State agencies and departments, and is authorized to enter into agreements with federal agencies and departments, under which such agencies and departments shall share data necessary for medical assistance program integrity functions and oversight. The Inspector General shall enter into agreements with State agencies and departments, and is authorized to enter into agreements with federal agencies and departments, under which such agencies shall share data necessary for recipient and vendor screening, review, and investigation, including but not limited to vendor payment and recipient eligibility verification. The Inspector General shall develop, in cooperation with other State and federal agencies and departments, and in compliance with applicable federal laws and regulations, appropriate and effective
methods to share such data. The Inspector General shall enter into agreements with State agencies and departments, and is authorized to enter into agreements with federal agencies and departments, including, but not limited to: the Secretary of State; the
Department of Revenue; the Department of Public Health; the
Department of Human Services; and the Department of Financial and Professional Regulation.
The Inspector General shall have the authority to deny payment, prevent overpayments, and recover overpayments.
The Inspector General shall have the authority to deny or
suspend payment to, and deny, terminate, or suspend the
eligibility of, any vendor who fails to grant the Inspector
General timely access to full and complete records, including records of recipients under the medical assistance program for the most recent 6 years, in accordance with Section 140.28 of Title 89 of the Illinois Administrative Code, and other information for the purpose of audits, investigations, or other program integrity functions, after reasonable written request by the Inspector General.
(d) The Inspector General shall serve as the
Department of Healthcare and Family Services'
primary liaison with law enforcement,
investigatory and prosecutorial agencies, including but not limited to the
following:
(1) The Department of State Police.
(2) The Federal Bureau of Investigation and other
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(3) The various Inspectors General of federal
| | agencies overseeing the programs administered by the Department of Healthcare and Family Services.
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(4) The various Inspectors General of any other State
| | agencies with responsibilities for portions of programs primarily administered by the Department of Healthcare and Family Services.
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(5) The Offices of the several United States
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(6) The several State's Attorneys.
(7) The offices of the Centers for Medicare and
| | Medicaid Services that administer the Medicare and Medicaid integrity programs.
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| The Inspector General shall meet on a regular basis with these entities to
share information regarding possible misconduct by any persons or entities
involved with the public aid programs administered by the Department
of Healthcare and Family Services.
(e) All investigations conducted by the Inspector General shall be conducted
in a manner that ensures the preservation of evidence for use in criminal
prosecutions. If the Inspector General determines that a possible criminal act
relating to fraud in the provision or administration of the medical assistance
program has been committed, the Inspector General shall immediately notify the
Medicaid Fraud Control Unit. If the Inspector General determines that a
possible criminal act has been committed within the jurisdiction of the Office,
the Inspector General may request the special expertise of the Department of
State Police. The Inspector General may present for prosecution the findings
of any criminal investigation to the Office of the Attorney General, the
Offices of the several United States Attorneys in Illinois or the several
State's Attorneys.
(f) To carry out his or her duties as described in this Section, the
Inspector General and his or her designees shall have the power to compel
by subpoena the attendance and testimony of witnesses and the production
of books, electronic records and papers as directly related to public
assistance programs administered by the Department of Healthcare and Family Services or
the Department of Human Services (as successor to the Department of Public
Aid). No medical provider shall be compelled, however, to provide individual
medical records of patients who are not clients of the Medical Assistance
Program.
(g) The Inspector General shall report all convictions, terminations, and
suspensions taken against vendors, contractors and medical providers to the
Department of Healthcare and Family Services and to any agency responsible for
licensing or regulating those persons or entities.
(h) The Inspector General shall make annual
reports, findings, and recommendations regarding the Office's investigations
into reports of fraud, waste, abuse, mismanagement, or misconduct relating to
any programs administered by the Department
of Healthcare and Family Services or the Department of Human Services (as successor to the
Department of Public Aid) to the General Assembly and the Governor. These
reports shall include, but not be limited to, the following information:
(1) Aggregate provider billing and payment
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(2) The number of audits of the medical assistance
| | program and the dollar savings resulting from those audits.
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(3) The number of prescriptions rejected annually
| | under the Department of Healthcare and Family Services' Refill Too Soon program and the dollar savings resulting from that program.
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(4) Provider sanctions, in the aggregate, including
| | terminations and suspensions.
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(5) A detailed summary of the investigations
| | undertaken in the previous fiscal year. These summaries shall comply with all laws and rules regarding maintaining confidentiality in the public aid programs.
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(i) Nothing in this Section shall limit investigations by the
Department of Healthcare and Family Services or the Department of Human Services that may
otherwise be required by law or that may be necessary in their capacity as the
central administrative authorities responsible for administration of their agency's
programs in this
State.
(j) The Inspector General may issue shields or other distinctive identification to his or her employees not exercising the powers of a peace officer if the Inspector General determines that a shield or distinctive identification is needed by an employee to carry out his or her responsibilities.
(Source: P.A. 97-689, eff. 6-14-12; 98-8, eff. 5-3-13.)
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305 ILCS 5/12-13.2
(305 ILCS 5/12-13.2)
Sec. 12-13.2.
Two-year financial plans.
(a) On or before September 30, 1994, the Illinois Department shall submit to
the
General Assembly an initial 2-year financial plan with respect to the Illinois
Department's administration and financing of the State's Medicaid program for
fiscal years 1995 and 1996. The Illinois Department shall submit subsequent
2-year financial plans in accordance with this Section. Beginning with
fiscal year 1997, and every second fiscal year thereafter, the Illinois
Department shall submit a financial plan covering a period of 2 fiscal years
not
later than March 1 before the commencement of the first fiscal year to which
the financial plan relates. Each financial plan shall be submitted in
accordance with the procedures set forth in this Section.
(b) Each financial plan for each fiscal year to which it relates shall
contain a description of revenues, liabilities, expenditures, appropriations,
and cash resources and uses.
(c) The Illinois Department shall regularly reexamine the revenue and
expenditure estimates on which each financial plan was based and revise them
as
necessary. The Illinois Department shall promptly notify the General Assembly
of any material change in the revenue or expenditure estimates in the financial
plan. The Illinois Department shall submit to the General Assembly modified
financial plans based on revised revenue or expenditure estimates or for any
other good reason.
(Source: P.A. 88-554, eff. 7-26-94.)
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305 ILCS 5/12-13.3
(305 ILCS 5/12-13.3)
Sec. 12-13.3.
Transitional jobs; pilot program.
Subject to appropriations
or other funding, the Department of Human
Services may establish a pilot program to place hard-to-employ persons,
including
persons who have been released from a county jail or a facility under the
jurisdiction of
the Department of Corrections, in jobs. By rule, the Department shall determine
the
location in which the pilot program is to be implemented and the services to be
provided.
In determining locations for the pilot program, however, the Department shall
give priority to areas of the State in which the concentration of released
offenders is the highest.
The Department may consult with the Department of Corrections in establishing
the pilot
program.
(Source: P.A. 93-208, eff. 7-18-03.)
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305 ILCS 5/12-13.4 (305 ILCS 5/12-13.4) Sec. 12-13.4. Materials on nutritional health. The Department of Human Services, in cooperation with the Department of Public Health, shall develop materials and resources on nutritional health for distribution to new enrollees in the TANF program under Article IV and the Food Stamp program. The Department of Public Health shall develop a video presentation on nutritional health to be shown to new enrollees in the TANF program under Article IV and the Food Stamp program. The Department of Human Services shall develop the materials and resources within 6 months after the effective date of this amendatory Act of the 94th General Assembly and shall provide those materials and resources to all persons who enroll in the TANF program and the Food Stamp program after the materials and resources are developed.
(Source: P.A. 94-433, eff. 1-1-06.) |
305 ILCS 5/12-14.1
(305 ILCS 5/12-14.1) (from Ch. 23, par. 12-14.1)
Sec. 12-14.1.
Audit by Auditor General.
The Auditor General shall conduct
a post audit to determine if the Department has complied with the requirements
of Section 5-5.9 of this Code. The audit required by this Section shall
be in accordance with and subject to the Illinois State Auditing Act as
now and hereafter amended. The Legislative Audit Commission, by resolution,
may make additions or clarifications to the scope or coverage of the audit
required by this Section.
(Source: P.A. 82-664.)
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305 ILCS 5/12-15
(305 ILCS 5/12-15) (from Ch. 23, par. 12-15)
Sec. 12-15.
Civil Recoveries.
Any person, firm, corporation, association, agency, institution or other
legal entity who, without intent to violate this Code, obtains benefits
or payments under this Code to which he or it is not entitled, or in a greater
amount than that to which he or it is entitled shall be liable for any excess
benefits or payments received.
The Attorney General, or the State's Attorney in actions involving a local
governmental unit, may initiate court proceedings to recover benefits or
payments obtained under this Code to which a person or entity is not entitled.
(Source: P.A. 82-440.)
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