Illinois General Assembly - Full Text of HB2437
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB2437  102nd General Assembly

HB2437 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2437

 

Introduced 2/19/2021, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/6-11  from Ch. 23, par. 6-11

    Amends the Illinois Public Aid Code. Reinstitutes State funded General Assistance to provide a program for adults with no children to be known as State Transitional Assistance and a program for families with children and for pregnant women to be known as State Family and Children Assistance. Sets forth eligibility requirements for State Transitional Assistance including that an individual must be ineligible for Aid to the Aged, Blind, or Disabled (AABD) benefits and Temporary Assistance for Needy Families (TANF) benefits and must be age 18 or over or married and living with a spouse, regardless of age. Provides that persons who are too impaired to work but do not have a disability that meets the disability level to qualify for Supplemental Security Income or have substantial barriers to being employable shall be considered chronically needy and eligible for State Transitional Assistance. Sets forth other criteria for determining whether an individual is chronically needy. Sets forth the eligibility requirements under the State Family and Children Assistance program including that a family unit must be ineligible for AABD and TANF and must contain a child under the age of 18 or a child age 18 who is a full-time student. Provides that a conviction for a drug-related felony shall not disqualify an applicant for assistance under either program and that, subject to federal approval, the assistance amount provided under either program shall not be considered income for purposes of determining eligibility under the Supplemental Nutrition Assistance Program. Effective immediately.


LRB102 16069 KTG 21441 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2437LRB102 16069 KTG 21441 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 6-11 as follows:
 
6    (305 ILCS 5/6-11)  (from Ch. 23, par. 6-11)
7    Sec. 6-11. State funded General Assistance.
8    (a) All State funded General Assistance shall be governed
9by this Section. Other parts of this Code or other laws related
10to General Assistance shall remain in effect to the extent
11they do not conflict with the provisions of this Section. If
12any other part of this Code or other laws of this State
13conflict with the provisions of this Section, the provisions
14of this Section shall control. General assistance programs in
15local governmental units that do not receive State funds shall
16continue to be governed by Sections 6-1 through 6-10, as
17applicable, as well as other relevant parts of this Code and
18other laws.
19    (b) State funded General Assistance shall consist of 2
20separate programs. One program shall be for adults with no
21children and shall be known as State Transitional Assistance.
22The other program shall be for families with children and for
23pregnant women and shall be known as State Family and Children

 

 

HB2437- 2 -LRB102 16069 KTG 21441 b

1Assistance.
2    (c)(1) To be eligible for State Transitional Assistance,
3an individual must be ineligible for assistance under Articles
4III and IV and must be one of the following:
5        (A) age 18 or over; or
6        (B) married and living with a spouse, regardless of
7    age.
8    (2) The Illinois Department or local governmental unit
9shall determine whether individuals under State Transitional
10Assistance are chronically needy. Individuals shall be
11considered chronically needy if they are too impaired to work
12but do not have a disability that meets the disability level to
13qualify for Supplemental Security Income or have substantial
14barriers to being employable. The Illinois Department shall by
15rule specify the criteria for determining whether an
16individual is chronically needy. The criteria shall, at a
17minimum, include the following:
18        (A) The individual has a serious physical or mental
19    disability which significantly restricts an individual
20    from working.
21        (B) The individual is over age 50 and has no high
22    school diploma or high school equivalency certificate and
23    no sustained employment history.
24        (C) The individual is needed to provide care for
25    another person in the household.
26        (D) The individual suffers from an addictive drug or

 

 

HB2437- 3 -LRB102 16069 KTG 21441 b

1    alcohol abuse problem.
2        (E) The individual is homeless as defined by the
3    Illinois Department in rules.
4    (3) Individuals in State Transitional Assistance who are
5determined to be chronically needy shall not be determined
6ineligible for State Transitional Assistance based upon a
7conviction for any drug-related felony under State or federal
8law.
9    (4) Subject to federal approval, the State Transitional
10Assistance provided under this Section shall not be considered
11income for purposes of determining eligibility or the amount
12of assistance for benefits provided under the Supplemental
13Nutrition Assistance Program.
14    (5) Individuals in State Transitional Assistance who are
15determined to be chronically needy shall be entitled to
16receive medical assistance as provided under paragraph 18 of
17Section 5-2. Notwithstanding any other law to the contrary,
18individuals in State Transitional Assistance who are eligible
19for medical assistance, including pharmacy services, shall be
20enrolled in the State's traditional fee-for-service medical
21assistance program and shall be permitted to obtain pharmacy
22services from the pharmacy of their choice if the pharmacy is
23licensed under the Pharmacy Practice Act.
24    (6) For individuals in State Transitional Assistance
25determined not to be chronically needy, State Transitional
26Assistance shall be available for only 9 months in the fiscal

 

 

HB2437- 4 -LRB102 16069 KTG 21441 b

1year beginning July 1, 2021 and only 6 months out of any 12
2consecutive month period beginning July 1, 2022.
3    (7) The Illinois Department shall determine, by rule,
4those State Transitional Assistance recipients who shall be
5subject to employment, training, or education programs, the
6content of those programs, and the penalties for failure to
7cooperate in those programs.
8    (8) The Illinois Department shall, by rule, establish
9further eligibility requirements, including, but not limited
10to, residence, need, and the level of payments.
11    (d)(1) To be eligible for State Family and Children
12Assistance, a family unit must be ineligible for assistance
13under Articles III and IV and must contain a child who is:
14        (A) under age 18; or
15        (B) age 18 and a full-time student in a secondary
16    school or the equivalent level of vocational or technical
17    training, and who may reasonably be expected to complete
18    the program before reaching age 19.
19    Those children shall be eligible for State Family and
20Children Assistance.
21    (2) The natural or adoptive parents of the child living in
22the same household may be eligible for State Family and
23Children Assistance.
24    (3) A pregnant woman whose pregnancy has been verified
25shall be eligible for income maintenance assistance under the
26State Family and Children Assistance program.

 

 

HB2437- 5 -LRB102 16069 KTG 21441 b

1    (4) Individuals who otherwise meet the eligibility
2requirements of this subsection shall not be determined
3ineligible for State Family and Children Assistance based upon
4a conviction for any drug-related felony under State or
5federal law.
6    (5) Subject to federal approval, the State Family and
7Children Assistance provided under this Section shall not be
8considered income for purposes of determining eligibility or
9the amount of assistance for benefits provided under the
10Supplemental Nutrition Assistance Program.
11    (6) Individuals in State Family and Children Assistance
12shall be entitled to receive medical assistance as provided
13under Article V. Notwithstanding any other law to the
14contrary, individuals in State Family and Children Assistance
15who are eligible for medical assistance, including pharmacy
16services, shall be enrolled in the State's traditional
17fee-for-service medical assistance program and shall be
18permitted to obtain pharmacy services from the pharmacy of
19their choice if the pharmacy is licensed under the Pharmacy
20Practice Act.
21    (7) The Illinois Department shall, by rule, establish
22further eligibility requirements, including, but not limited
23to, residence, need, and the level of payments.
24    (e) A local governmental unit that chooses to participate
25in a General Assistance program under this Section shall
26provide funding in accordance with Section 12-21.3.

 

 

HB2437- 6 -LRB102 16069 KTG 21441 b

1    (f) In order to qualify for State funding under this
2Section, a local governmental unit shall be subject to the
3supervision and the rules and regulations of the Illinois
4Department.
5    (g) Individuals receiving General Assistance, who qualify
6for the State Transitional Assistance program under this
7Section and are subsequently determined not to be chronically
8needy shall be eligible for grant assistance for only 9 months
9in the fiscal year beginning July 1, 2021 and only 6 months out
10of any 12 consecutive month period beginning July 1, 2022.
11    (a) Effective July 1, 1992, all State funded General
12Assistance and related medical benefits shall be governed by
13this Section, provided that, notwithstanding any other
14provisions of this Code to the contrary, on and after July 1,
152012, the State shall not fund the programs outlined in this
16Section. Other parts of this Code or other laws related to
17General Assistance shall remain in effect to the extent they
18do not conflict with the provisions of this Section. If any
19other part of this Code or other laws of this State conflict
20with the provisions of this Section, the provisions of this
21Section shall control.
22    (b) General Assistance may consist of 2 separate programs.
23One program shall be for adults with no children and shall be
24known as Transitional Assistance. The other program may be for
25families with children and for pregnant women and shall be
26known as Family and Children Assistance.

 

 

HB2437- 7 -LRB102 16069 KTG 21441 b

1    (c) (1) To be eligible for Transitional Assistance on or
2after July 1, 1992, an individual must be ineligible for
3assistance under any other Article of this Code, must be
4determined chronically needy, and must be one of the
5following:
6        (A) age 18 or over or
7        (B) married and living with a spouse, regardless of
8    age.
9    (2) The local governmental unit shall determine whether
10individuals are chronically needy as follows:
11        (A) Individuals who have applied for Supplemental
12    Security Income (SSI) and are awaiting a decision on
13    eligibility for SSI who are determined to be a person with
14    a disability by the Illinois Department using the SSI
15    standard shall be considered chronically needy, except
16    that individuals whose disability is based solely on
17    substance use disorders and whose disability would cease
18    were their addictions to end shall be eligible only for
19    medical assistance and shall not be eligible for cash
20    assistance under the Transitional Assistance program.
21        (B) (Blank).
22        (C) The unit of local government may specify other
23    categories of individuals as chronically needy; nothing in
24    this Section, however, shall be deemed to require the
25    inclusion of any specific category other than as specified
26    in paragraph (A).

 

 

HB2437- 8 -LRB102 16069 KTG 21441 b

1    (3) For individuals in Transitional Assistance, medical
2assistance may be provided by the unit of local government in
3an amount and nature determined by the unit of local
4government. Nothing in this paragraph (3) shall be construed
5to require the coverage of any particular medical service. In
6addition, the amount and nature of medical assistance provided
7may be different for different categories of individuals
8determined chronically needy.
9    (4) (Blank).
10    (5) (Blank).
11    (d) (1) To be eligible for Family and Children Assistance,
12a family unit must be ineligible for assistance under any
13other Article of this Code and must contain a child who is:
14        (A) under age 18 or
15        (B) age 18 and a full-time student in a secondary
16    school or the equivalent level of vocational or technical
17    training, and who may reasonably be expected to complete
18    the program before reaching age 19.
19    Those children shall be eligible for Family and Children
20Assistance.
21    (2) The natural or adoptive parents of the child living in
22the same household may be eligible for Family and Children
23Assistance.
24    (3) A pregnant woman whose pregnancy has been verified
25shall be eligible for income maintenance assistance under the
26Family and Children Assistance program.

 

 

HB2437- 9 -LRB102 16069 KTG 21441 b

1    (4) The amount and nature of medical assistance provided
2under the Family and Children Assistance program shall be
3determined by the unit of local government. The amount and
4nature of medical assistance provided need not be the same as
5that provided under paragraph (3) of subsection (c) of this
6Section, and nothing in this paragraph (4) shall be construed
7to require the coverage of any particular medical service.
8    (5) (Blank).
9    (e) A local governmental unit that chooses to participate
10in a General Assistance program under this Section shall
11provide funding in accordance with Section 12-21.13 of this
12Act. Local governmental funds used to qualify for State
13funding may only be expended for clients eligible for
14assistance under this Section 6-11 and related administrative
15expenses.
16    (f) (Blank).
17    (g) (Blank).
18(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.