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| [ House Amendment 001 ] |
90_HB1447
405 ILCS 5/2-105 from Ch. 91 1/2, par. 2-105
Amends the Mental Health and Developmental Disabilities
Code to provide that a service provider may petition a payor
of benefits to become a representative payee for a
recipient's benefits. Effective immediately.
LRB9000137NTcw
LRB9000137NTcw
1 AN ACT to amend the Mental Health and Developmental
2 Disabilities Code by changing Section 2-105.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Mental Health and Developmental
6 Disabilities Code is amended by changing Section 2-105 as
7 follows:
8 (405 ILCS 5/2-105) (from Ch. 91 1/2, par. 2-105)
9 Sec. 2-105. Money; deposits; payees. A recipient of
10 services may use his or her money as he or she chooses,
11 unless he or she is a minor or prohibited from doing so under
12 a court guardianship order. A recipient may deposit or cause
13 to be deposited money in his or her name with a service
14 provider or financial institution with the approval of the
15 provider or financial institution. Money deposited with a
16 service provider shall not be retained by the service
17 provider. Any earnings attributable to a recipient's money
18 shall accrue to him or her.
19 A service provider may petition a payor of benefits to
20 become a representative payee for a recipient's benefits
21 under any applicable laws or regulations. A service provider
22 that has become a representative payee for a recipent's
23 benefits shall use the benefits in accordance with laws and
24 regulations governing the benefits. As used in this Section,
25 "benefits" includes but is not limited to social security,
26 pension, annuity, or trust fund payments or any other form of
27 direct payment or assistance. Except where a recipient has
28 given informed consent, no service provider nor any of its
29 employees shall be made representative payee for his social
30 security, pension, annuity, trust fund, or any other form of
31 direct payment or assistance.
-2- LRB9000137NTcw
1 When a recipient is discharged from a service provider,
2 all of his or her money, including earnings, shall be
3 returned to him or her.
4 (Source: P.A. 80-1414.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.