HB5084 EnrolledLRB103 39089 KTG 69227 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Human Services Act is amended
5by changing Section 10-25 as follows:
 
6    (20 ILCS 1305/10-25)
7    Sec. 10-25. Women, Infants, and Children Nutrition
8Program.
9    (a) The Department shall participate in the Women, Infants
10and Children Nutrition program of the federal government to
11the maximum extent permitted by the federal appropriation and
12allocation to the State of Illinois. In order to efficiently
13process electronically issued WIC benefits, the Department may
14use an account held outside of the state treasury for the
15deposit and issuance of WIC benefits. The Department shall
16report quarterly to the Governor and the General Assembly the
17status of obligations and expenditures of the WIC nutrition
18program appropriation and make recommendations on actions
19necessary to expend all available federal funds. Other
20appropriations and funds from any public or private source in
21addition to federal funds may be used by the Department for the
22purpose of maximum participation in the WIC nutrition program.
23    (b) The Department shall maintain a drug abuse education

 

 

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

 

 

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

 

 

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1such audits as may be required by State law, (2) audit by the
2federal government or a private contractor authorized by the
3federal government, and (3) post audit pursuant to the
4Illinois State Auditing Act.
5    (e) The Department may include a program of lactation
6support services as part of the benefits and services provided
7for pregnant and breast feeding participants in the Women,
8Infants and Children Nutrition Program. The program may
9include payment for breast pumps, breast shields, or any
10supply deemed essential for the successful maintenance of
11lactation, as well as lactation specialists who are registered
12nurses, licensed dietitians, or persons who have successfully
13completed a lactation management training program.
14    (f) The Department shall coordinate the operation of the
15Women, Infants and Children program with the Medicaid program
16by interagency agreement whereby each program provides
17information about the services offered by the other to
18applicants for services.
19(Source: P.A. 101-636, eff. 6-10-20.)
 
20    Section 10. The Illinois Public Aid Code is amended by
21changing Section 12-4.7b as follows:
 
22    (305 ILCS 5/12-4.7b)
23    Sec. 12-4.7b. Exchanges of information; inmates. The
24Department shall enter into intergovernmental agreements to

 

 

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1conduct monthly exchanges of information with the Illinois
2Department of Corrections, the Cook County Department of
3Corrections, and the office of the sheriff to the extent
4available of every other county to determine whether any
5individual included in an assistance unit receiving public aid
6under any Article of this Code is an inmate in a facility
7operated by the Illinois Department of Corrections, the Cook
8County Department of Corrections, or a county sheriff.
9Alternatively, the Department may utilize the option of
10purchasing incarceration data through a third-party resource
11in order to conduct data matches of incarcerated individuals.
12The Illinois Department of Corrections, the Cook County
13Department of Corrections, and the office of the sheriff of
14every other county shall honor all intergovernmental
15agreements with the Department under this Section and shall
16provide all required information in a timely manner. The
17Department shall review each individual prior to authorizing
18benefits at application and redetermination to verify each
19month the entire list of individuals generated by the monthly
20exchange and shall verify the eligibility for benefits under
21this Code for each individual on the list. The Department
22shall terminate benefits under this Code for any individual
23determined to be ineligible by this monthly review. The
24Department shall use any legal means available to recoup as an
25overpayment any assistance provided to an individual for any
26period during which he or she was ineligible to receive the

 

 

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1assistance.
2(Source: P.A. 101-115, eff. 7-22-19.)