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1 | AN ACT concerning public aid.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Aid Code is amended by | ||||||
5 | changing Sections 5-2, 6-1.7, and 12-4.4 and by adding Section | ||||||
6 | 9A-15 as follows:
| ||||||
7 | (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
| ||||||
8 | Sec. 5-2. Classes of Persons Eligible. Medical assistance | ||||||
9 | under this
Article shall be available to any of the following | ||||||
10 | classes of persons in
respect to whom a plan for coverage has | ||||||
11 | been submitted to the Governor
by the Illinois Department and | ||||||
12 | approved by him:
| ||||||
13 | 1. Recipients of basic maintenance grants under Articles | ||||||
14 | III and IV.
| ||||||
15 | 2. Persons otherwise eligible for basic maintenance under | ||||||
16 | Articles
III and IV but who fail to qualify thereunder on the | ||||||
17 | basis of need, and
who have insufficient income and resources | ||||||
18 | to meet the costs of
necessary medical care, including but not | ||||||
19 | limited to the following:
| ||||||
20 | (a) All persons otherwise eligible for basic | ||||||
21 | maintenance under Article
III but who fail to qualify under | ||||||
22 | that Article on the basis of need and who
meet either of | ||||||
23 | the following requirements:
| ||||||
24 | (i) their income, as determined by the Illinois | ||||||
25 | Department in
accordance with any federal | ||||||
26 | requirements, is equal to or less than 70% in
fiscal | ||||||
27 | year 2001, equal to or less than 85% in fiscal year | ||||||
28 | 2002 and until
a date to be determined by the | ||||||
29 | Department by rule, and equal to or less
than 100% | ||||||
30 | beginning on the date determined by the Department by | ||||||
31 | rule, of the nonfarm income official poverty
line, as | ||||||
32 | defined by the federal Office of Management and Budget |
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1 | and revised
annually in accordance with Section 673(2) | ||||||
2 | of the Omnibus Budget Reconciliation
Act of 1981, | ||||||
3 | applicable to families of the same size; or
| ||||||
4 | (ii) their income, after the deduction of costs | ||||||
5 | incurred for medical
care and for other types of | ||||||
6 | remedial care, is equal to or less than 70% in
fiscal | ||||||
7 | year 2001, equal to or less than 85% in fiscal year | ||||||
8 | 2002 and until
a date to be determined by the | ||||||
9 | Department by rule, and equal to or less
than 100% | ||||||
10 | beginning on the date determined by the Department by | ||||||
11 | rule, of the nonfarm income official poverty
line, as | ||||||
12 | defined in item (i) of this subparagraph (a).
| ||||||
13 | (b) All persons who would be determined eligible for | ||||||
14 | such basic
maintenance under Article IV by disregarding the | ||||||
15 | maximum earned income
permitted by federal law.
| ||||||
16 | 3. Persons who would otherwise qualify for Aid to the | ||||||
17 | Medically
Indigent under Article VII.
| ||||||
18 | 4. Persons not eligible under any of the preceding | ||||||
19 | paragraphs who fall
sick, are injured, or die, not having | ||||||
20 | sufficient money, property or other
resources to meet the costs | ||||||
21 | of necessary medical care or funeral and burial
expenses.
| ||||||
22 | 5. (a) Women during pregnancy, after the fact
of pregnancy | ||||||
23 | has been determined by medical diagnosis, and during the
| ||||||
24 | 60-day period beginning on the last day of the pregnancy, | ||||||
25 | together with
their infants and children born after | ||||||
26 | September 30, 1983,
whose income and
resources are | ||||||
27 | insufficient to meet the costs of necessary medical care to
| ||||||
28 | the maximum extent possible under Title XIX of the
Federal | ||||||
29 | Social Security Act.
| ||||||
30 | (b) The Illinois Department and the Governor shall | ||||||
31 | provide a plan for
coverage of the persons eligible under | ||||||
32 | paragraph 5(a) by April 1, 1990. Such
plan shall provide | ||||||
33 | ambulatory prenatal care to pregnant women during a
| ||||||
34 | presumptive eligibility period and establish an income | ||||||
35 | eligibility standard
that is equal to 133%
of the nonfarm | ||||||
36 | income official poverty line, as defined by
the federal |
| |||||||
| |||||||
1 | Office of Management and Budget and revised annually in
| ||||||
2 | accordance with Section 673(2) of the Omnibus Budget | ||||||
3 | Reconciliation Act of
1981, applicable to families of the | ||||||
4 | same size, provided that costs incurred
for medical care | ||||||
5 | are not taken into account in determining such income
| ||||||
6 | eligibility.
| ||||||
7 | (c) The Illinois Department may conduct a | ||||||
8 | demonstration in at least one
county that will provide | ||||||
9 | medical assistance to pregnant women, together
with their | ||||||
10 | infants and children up to one year of age,
where the | ||||||
11 | income
eligibility standard is set up to 185% of the | ||||||
12 | nonfarm income official
poverty line, as defined by the | ||||||
13 | federal Office of Management and Budget.
The Illinois | ||||||
14 | Department shall seek and obtain necessary authorization
| ||||||
15 | provided under federal law to implement such a | ||||||
16 | demonstration. Such
demonstration may establish resource | ||||||
17 | standards that are not more
restrictive than those | ||||||
18 | established under Article IV of this Code.
| ||||||
19 | 6. Persons under the age of 18 who fail to qualify as | ||||||
20 | dependent under
Article IV and who have insufficient income and | ||||||
21 | resources to meet the costs
of necessary medical care to the | ||||||
22 | maximum extent permitted under Title XIX
of the Federal Social | ||||||
23 | Security Act.
| ||||||
24 | 7. Persons who are under 21 years of age and would
qualify | ||||||
25 | as
disabled as defined under the Federal Supplemental Security | ||||||
26 | Income Program,
provided medical service for such persons would | ||||||
27 | be eligible for Federal
Financial Participation, and provided | ||||||
28 | the Illinois Department determines that:
| ||||||
29 | (a) the person requires a level of care provided by a | ||||||
30 | hospital, skilled
nursing facility, or intermediate care | ||||||
31 | facility, as determined by a physician
licensed to practice | ||||||
32 | medicine in all its branches;
| ||||||
33 | (b) it is appropriate to provide such care outside of | ||||||
34 | an institution, as
determined by a physician licensed to | ||||||
35 | practice medicine in all its branches;
| ||||||
36 | (c) the estimated amount which would be expended for |
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1 | care outside the
institution is not greater than the | ||||||
2 | estimated amount which would be
expended in an institution.
| ||||||
3 | 8. Persons who become ineligible for basic maintenance | ||||||
4 | assistance
under Article IV of this Code in programs | ||||||
5 | administered by the Illinois
Department due to employment | ||||||
6 | earnings and persons in
assistance units comprised of adults | ||||||
7 | and children who become ineligible for
basic maintenance | ||||||
8 | assistance under Article VI of this Code due to
employment | ||||||
9 | earnings. The plan for coverage for this class of persons | ||||||
10 | shall:
| ||||||
11 | (a) extend the medical assistance coverage for up to 12 | ||||||
12 | months following
termination of basic maintenance | ||||||
13 | assistance; and
| ||||||
14 | (b) offer persons who have initially received 6 months | ||||||
15 | of the
coverage provided in paragraph (a) above, the option | ||||||
16 | of receiving an
additional 6 months of coverage, subject to | ||||||
17 | the following:
| ||||||
18 | (i) such coverage shall be pursuant to provisions | ||||||
19 | of the federal
Social Security Act;
| ||||||
20 | (ii) such coverage shall include all services | ||||||
21 | covered while the person
was eligible for basic | ||||||
22 | maintenance assistance;
| ||||||
23 | (iii) no premium shall be charged for such | ||||||
24 | coverage; and
| ||||||
25 | (iv) such coverage shall be suspended in the event | ||||||
26 | of a person's
failure without good cause to file in a | ||||||
27 | timely fashion reports required for
this coverage | ||||||
28 | under the Social Security Act and coverage shall be | ||||||
29 | reinstated
upon the filing of such reports if the | ||||||
30 | person remains otherwise eligible.
| ||||||
31 | 9. Persons with acquired immunodeficiency syndrome (AIDS) | ||||||
32 | or with
AIDS-related conditions with respect to whom there has | ||||||
33 | been a determination
that but for home or community-based | ||||||
34 | services such individuals would
require the level of care | ||||||
35 | provided in an inpatient hospital, skilled
nursing facility or | ||||||
36 | intermediate care facility the cost of which is
reimbursed |
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1 | under this Article. Assistance shall be provided to such
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2 | persons to the maximum extent permitted under Title
XIX of the | ||||||
3 | Federal Social Security Act.
| ||||||
4 | 10. Participants in the long-term care insurance | ||||||
5 | partnership program
established under the Partnership for | ||||||
6 | Long-Term Care Act who meet the
qualifications for protection | ||||||
7 | of resources described in Section 25 of that
Act.
| ||||||
8 | 11. Persons with disabilities who are employed and eligible | ||||||
9 | for Medicaid,
pursuant to Section 1902(a)(10)(A)(ii)(xv) of | ||||||
10 | the Social Security Act, as
provided by the Illinois Department | ||||||
11 | by rule.
| ||||||
12 | 12. Subject to federal approval, persons who are eligible | ||||||
13 | for medical
assistance coverage under applicable provisions of | ||||||
14 | the federal Social Security
Act and the federal Breast and | ||||||
15 | Cervical Cancer Prevention and Treatment Act of
2000 or who | ||||||
16 | would have been eligible for such coverage except that they are | ||||||
17 | found to need treatment for a cancer other than breast or | ||||||
18 | cervical cancer . Those eligible persons are defined to include, | ||||||
19 | but not be limited to,
the following persons:
| ||||||
20 | (1) persons who have been screened for breast or | ||||||
21 | cervical cancer under
the U.S. Centers for Disease Control | ||||||
22 | and Prevention Breast and Cervical Cancer
Program | ||||||
23 | established under Title XV of the federal Public Health | ||||||
24 | Services Act in
accordance with the requirements of Section | ||||||
25 | 1504 of that Act as administered by
the Illinois Department | ||||||
26 | of Public Health; and
| ||||||
27 | (2) persons whose screenings under the above program | ||||||
28 | were funded in whole
or in part by funds appropriated to | ||||||
29 | the Illinois Department of Public Health
for breast or | ||||||
30 | cervical cancer screening.
| ||||||
31 | "Medical assistance" under this paragraph 12 shall be identical | ||||||
32 | to the benefits
provided under the State's approved plan under | ||||||
33 | Title XIX of the Social Security
Act. The Department must | ||||||
34 | request federal approval of the coverage under this
paragraph | ||||||
35 | 12 within 30 days after the effective date of this amendatory | ||||||
36 | Act of
the 92nd General Assembly.
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1 | The Illinois Department and the Governor shall provide a | ||||||
2 | plan for
coverage of the persons eligible under paragraph 7 as | ||||||
3 | soon as possible after
July 1, 1984.
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4 | The eligibility of any such person for medical assistance | ||||||
5 | under this
Article is not affected by the payment of any grant | ||||||
6 | under the Senior
Citizens and Disabled Persons Property Tax | ||||||
7 | Relief and Pharmaceutical
Assistance Act or any distributions | ||||||
8 | or items of income described under
subparagraph (X) of
| ||||||
9 | paragraph (2) of subsection (a) of Section 203 of the Illinois | ||||||
10 | Income Tax
Act. The Department shall by rule establish the | ||||||
11 | amounts of
assets to be disregarded in determining eligibility | ||||||
12 | for medical assistance,
which shall at a minimum equal the | ||||||
13 | amounts to be disregarded under the
Federal Supplemental | ||||||
14 | Security Income Program. The amount of assets of a
single | ||||||
15 | person to be disregarded
shall not be less than $2,000, and the | ||||||
16 | amount of assets of a married couple
to be disregarded shall | ||||||
17 | not be less than $3,000.
| ||||||
18 | To the extent permitted under federal law, any person found | ||||||
19 | guilty of a
second violation of Article VIIIA
shall be | ||||||
20 | ineligible for medical assistance under this Article, as | ||||||
21 | provided
in Section 8A-8.
| ||||||
22 | The eligibility of any person for medical assistance under | ||||||
23 | this Article
shall not be affected by the receipt by the person | ||||||
24 | of donations or benefits
from fundraisers held for the person | ||||||
25 | in cases of serious illness,
as long as neither the person nor | ||||||
26 | members of the person's family
have actual control over the | ||||||
27 | donations or benefits or the disbursement
of the donations or | ||||||
28 | benefits.
| ||||||
29 | (Source: P.A. 92-16, eff. 6-28-01; 92-47, eff. 7-3-01; 92-597, | ||||||
30 | eff. 6-28-02;
93-20, eff. 6-20-03.)
| ||||||
31 | (305 ILCS 5/6-1.7) (from Ch. 23, par. 6-1.7)
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32 | Sec. 6-1.7. A recipient of financial aid under this | ||||||
33 | Article, which money
or vendor payment is made by a local | ||||||
34 | governmental unit which administers aid
under this Article and | ||||||
35 | is not a County Department, who is required under
Section 6-1.4 |
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1 | to register for and accept bona fide offers of employment
as | ||||||
2 | provided in Section 11-20 but is not required to participate in | ||||||
3 | a job
search, training and work program under Section 9-6, must | ||||||
4 | also register
for work with such local governmental unit and | ||||||
5 | must perform work without
compensation for a taxing district or | ||||||
6 | private not-for-profit
organization as provided in this | ||||||
7 | Section.
| ||||||
8 | A local governmental unit which administers aid under this | ||||||
9 | Article shall
maintain a roster of the persons who have | ||||||
10 | registered for work in such local
governmental unit, and shall | ||||||
11 | assure that such roster is available for the
inspection of the | ||||||
12 | governing authorities of all taxing districts or
private | ||||||
13 | not-for-profit organizations, or the
duly authorized agents | ||||||
14 | thereof, for the selection of possible workers. Each
such local | ||||||
15 | governmental unit shall cause persons, who are selected by a
| ||||||
16 | taxing district or private not-for-profit organization to | ||||||
17 | perform work,
to be notified at least 24 hours in
advance of | ||||||
18 | the time the work is to begin.
| ||||||
19 | Each such local governmental unit shall assure that the | ||||||
20 | following additional
requirements are complied with:
| ||||||
21 | (a) The taxing district or private not-for-profit | ||||||
22 | organization may
not use a person selected to work under this
| ||||||
23 | Section to replace a regular employee.
| ||||||
24 | (b) The work to be performed for the taxing district or | ||||||
25 | private
not-for-profit organization must be reasonably
related | ||||||
26 | to the skills or interests of the recipient.
| ||||||
27 | (c) The maximum number of hours such work may be performed | ||||||
28 | is 8 hours
per day and 40 hours per week.
| ||||||
29 | (d) The recipient shall be provided or compensated for | ||||||
30 | transportation
to and from the work location.
| ||||||
31 | (e) The person selected to work under this Section shall | ||||||
32 | receive credit
against his or her monthly benefits under this | ||||||
33 | Article, based on the State or federal
minimum wage rate, | ||||||
34 | whichever is higher, for the work performed.
| ||||||
35 | However, a taxing district or private not-for-profit | ||||||
36 | organization
using the services of such recipient must pay
the |
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1 | recipient at least the State or federal minimum wage , whichever | ||||||
2 | is higher, after such recipient has
received credit by the | ||||||
3 | Illinois Department equal to the amount of financial
aid | ||||||
4 | received under this Article, or the recipient shall be | ||||||
5 | discharged.
Moneys made available for public aid purposes under | ||||||
6 | this Article may be
expended to purchase worker's compensation | ||||||
7 | insurance or to pay worker's
compensation claims.
| ||||||
8 | For the purposes of this Section, "taxing district" means | ||||||
9 | any unit of local
government, as defined in Section 1 of | ||||||
10 | Article VII of the Constitution, with
the power to tax, and any | ||||||
11 | school district or community college district.
| ||||||
12 | (Source: P.A. 85-114.)
| ||||||
13 | (305 ILCS 5/9A-15 new) | ||||||
14 | Sec. 9A-15. Work activity; applicable minimum wage. The | ||||||
15 | State or federal minimum wage, whichever is higher, shall be | ||||||
16 | used to calculate the required number of hours of participation | ||||||
17 | in any earnfare or pay after performance activity under Section | ||||||
18 | 9A-9 or any other Section of this Code in which a recipient of | ||||||
19 | public assistance performs work as a condition of receiving the | ||||||
20 | public assistance and the recipient is not paid wages for the | ||||||
21 | work.
| ||||||
22 | (305 ILCS 5/12-4.4) (from Ch. 23, par. 12-4.4)
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23 | Sec. 12-4.4. Administration of federally-aided programs. | ||||||
24 | Direct
County Departments of Public Aid in the administration | ||||||
25 | of
the federally
funded food stamp program, programs to aid | ||||||
26 | refugees and Articles III,
IV, and V of this Code.
| ||||||
27 | The
Illinois Department of Human Services
shall operate a | ||||||
28 | Food Stamp Employment and Training (FSE&T) program in
| ||||||
29 | compliance with federal law. The FSE&T program will have an | ||||||
30 | Earnfare
component. The Earnfare component shall be available | ||||||
31 | in selected geographic
areas based on criteria established by | ||||||
32 | the Illinois Department of Human
Services by rule.
Participants | ||||||
33 | in Earnfare will, to the extent resources allow, earn their
| ||||||
34 | assistance. Participation in the Earnfare program is |
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1 | voluntary, except when
ordered by a court of competent | ||||||
2 | jurisdiction. Eligibility for Earnfare may
be limited to only 6 | ||||||
3 | months out of any 12 consecutive month period. Clients are
not | ||||||
4 | entitled to be placed in an Earnfare slot. Earnfare slots shall | ||||||
5 | be made
available only as resources permit. Earnfare shall be | ||||||
6 | available to persons
receiving food stamps who meet eligibility | ||||||
7 | criteria established by the Illinois
Department of Human | ||||||
8 | Services by rule.
The Illinois Department may, by rule, extend | ||||||
9 | the Earnfare Program to clients
who do not receive food stamps.
| ||||||
10 | Receipt of food stamps is not an
eligibility requirement of
| ||||||
11 | Earnfare when a court of competent jurisdiction orders an | ||||||
12 | individual to
participate in the Earnfare Program. To
the | ||||||
13 | extent resources permit, the Earnfare program will allow | ||||||
14 | participants
to engage in work-related activities to earn | ||||||
15 | monthly financial assistance
payments and to improve | ||||||
16 | participants' employability in order for them to
succeed in | ||||||
17 | obtaining employment. The Illinois Department of Human | ||||||
18 | Services may enter into
contracts with other public agencies | ||||||
19 | including State agencies, with local
governmental units, and | ||||||
20 | with not-for-profit community based organizations
to carry out | ||||||
21 | the elements of the Program that the Department of Human | ||||||
22 | Services deems appropriate.
| ||||||
23 | The Earnfare Program shall contain the following elements:
| ||||||
24 | (1) To the extent resources allow and slots exist, the | ||||||
25 | Illinois Department of Human Services
shall refer | ||||||
26 | recipients of food stamp assistance who meet eligibility | ||||||
27 | criteria,
as established by rule. Receipt of food stamps is | ||||||
28 | not an eligibility
requirement of Earnfare when a court of | ||||||
29 | competent jurisdiction orders an
individual to participate | ||||||
30 | in the Earnfare Program.
| ||||||
31 | (2) Persons participating in Earnfare shall engage in | ||||||
32 | employment
assigned activities equal to the amount of the | ||||||
33 | food stamp benefits divided
by the State or federal minimum | ||||||
34 | wage , whichever is higher, and subsequently shall earn | ||||||
35 | minimum wage
assistance for each additional hour of | ||||||
36 | performance in Earnfare activity.
Earnfare participants |
| |||||||
| |||||||
1 | shall be offered the opportunity to earn up to $154. The
| ||||||
2 | Department of Human Services may establish a higher amount | ||||||
3 | by rule provided resources permit.
If a court of competent | ||||||
4 | jurisdiction orders an individual to participate in
the | ||||||
5 | Earnfare program, hours engaged in employment assigned | ||||||
6 | activities shall
first be applied for a $50 payment made to | ||||||
7 | the custodial parent as a support
obligation. If the | ||||||
8 | individual receives food stamps, the individual shall
| ||||||
9 | engage in employment assigned activities equal to the | ||||||
10 | amount of the food stamp
benefits divided by the State or
| ||||||
11 | federal minimum wage , whichever is higher, and | ||||||
12 | subsequently shall earn
State or federal minimum wage | ||||||
13 | assistance , whichever is higher, for each additional hour | ||||||
14 | of performance in Earnfare
activity.
| ||||||
15 | (3) To the extent appropriate slots are available, the | ||||||
16 | Illinois
Department of Human Services shall assign | ||||||
17 | Earnfare participants to Earnfare activities based
on an | ||||||
18 | assessment of the person's age, literacy, education, | ||||||
19 | educational
achievement, job training, work experience, | ||||||
20 | and recent institutionalization,
whenever these factors | ||||||
21 | are known to the Department of Human Services or to the | ||||||
22 | contractor and
are relevant to the individual's success in | ||||||
23 | carrying out the assigned
activities and in ultimately | ||||||
24 | obtaining employment.
| ||||||
25 | (4) The Department of Human Services shall consider the | ||||||
26 | participant's preferences and
personal employment goals in | ||||||
27 | making assignments to the extent
administratively possible | ||||||
28 | and to the extent that resources allow.
| ||||||
29 | (5) The Department of Human Services may enter into | ||||||
30 | cooperative agreements with local
governmental units | ||||||
31 | (which may, in turn, enter into agreements with
| ||||||
32 | not-for-profit community based organizations): with other | ||||||
33 | public, including
State, agencies; directly with | ||||||
34 | not-for-profit community based organizations,
and with | ||||||
35 | private employers to create Earnfare activities for | ||||||
36 | program
participants.
|
| |||||||
| |||||||
1 | (6) To the extent resources permit, the Department of | ||||||
2 | Human Services shall provide the
Earnfare participants | ||||||
3 | with the costs of transportation in looking for work
and in | ||||||
4 | getting to and from the assigned Earnfare job site and | ||||||
5 | initial
expenses of employment.
| ||||||
6 | (7) All income and asset limitations of the Federal | ||||||
7 | Food Stamp Program
will govern continued Earnfare | ||||||
8 | participation, except that court ordered
participants | ||||||
9 | shall participate for 6 months unless the court orders | ||||||
10 | otherwise.
| ||||||
11 | (8) Earnfare participants shall not displace or | ||||||
12 | substitute for regular,
full time or part time employees, | ||||||
13 | regardless of whether or not the employee
is currently | ||||||
14 | working, on a leave of absence or in a position or similar
| ||||||
15 | position where a layoff has taken place or the employer has | ||||||
16 | terminated the
employment of any regular employee or | ||||||
17 | otherwise reduced its workforce with
the effect of filling | ||||||
18 | the vacancy so created with a participant subsidized
under | ||||||
19 | this program, or is or has been involved in a labor dispute | ||||||
20 | between a
labor organization and the sponsor.
| ||||||
21 | (9) Persons who fail to cooperate with the FSE&T | ||||||
22 | program shall become
ineligible for food stamp assistance | ||||||
23 | according to Food Stamp regulations,
and for Earnfare | ||||||
24 | participation. Failure to participate in Earnfare for all
| ||||||
25 | of the hours assigned is not a failure to cooperate unless | ||||||
26 | so established
by the employer pursuant to Department of | ||||||
27 | Human Services rules , except that the changes to Sec. 5-2 | ||||||
28 | in Section 5 take effect on January 1, 2005 .
If a person | ||||||
29 | who is ordered by a court of competent jurisdiction to
| ||||||
30 | participate in the Earnfare Program fails to cooperate with | ||||||
31 | the Program, the
person shall be referred to the court for | ||||||
32 | failure to comply with the court
order.
| ||||||
33 | (Source: P.A. 92-111, eff. 1-1-02.)
| ||||||
34 | Section 99. Effective date. This Act takes effect upon | ||||||
35 | becoming law.
|