HB1375 94TH GENERAL ASSEMBLY

LRB094 06398 DRJ 38471 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1375

Introduced 2/9/2005, by Rep. William Delgado

SYNOPSIS AS INTRODUCED:

305 ILCS 5/11-4.5 new
305 ILCS 5/11-15	from Ch. 23, par. 11-15

Amends the Illinois Public Aid Code. Provides that the Department of Human Services shall form a workgroup comprised of representatives of the Department of Human Services, the Illinois Department of Public Aid, and nonprofit community-based organizations that serve individuals and families with incomes at or below 200% of the federal poverty level to create policies and procedures and a reimbursement methodology for partnerships with nonprofit community-based organizations. For the purposes of outreach and the initiation of applications for benefit programs, requires the Department to adopt rules to implement the workgroup's recommended policies and procedures, to take effect no later than July 1, 2007. Provides that nonprofit community partners shall be reimbursed for the application assistance provided to eligible individuals and families in the form of a one-time technical assistance payment (TAP) of a minimum of $50 for a successful application; provides that this TAP is in addition to any TAP received in connection with a successful KidCare application. Requires the Department of Human Services to adopt rules providing that, effective no later than January 1, 2006, (i) if an applicant for a particular assistance program has already submitted documents and information for another assistance program, the applicant need not resubmit the same documents and information in support of the new application and (ii) the Department shall use the already-submitted documents and information in ruling on the new application. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by changing Section 11-15 and by adding Section 11-4.5 as follows:

(305 ILCS 5/11-4.5 new)

Sec. 11-4.5. Reimbursement for application assistance.

(a) The Department of Human Services shall form a workgroup comprised of representatives of the Department of Human Services, the Illinois Department of Public Aid, and nonprofit community-based organizations that serve individuals and families with incomes at or below 200% of the poverty guidelines updated annually in the Federal Register by the U.S. Department of Health and Human Services under authority of section 673(2) of the Omnibus Budget Reconciliation Act of 1981 ("the federal poverty level") to create policies and procedures and a reimbursement methodology for partnerships with nonprofit community-based organizations. The purpose of these partnerships shall be for outreach and initiation of applications for benefit programs, including but not limited to Food Stamps, medical assistance, and the Temporary Assistance for Needy Families Program. The Department of Human Services shall adopt rules to implement the policies and procedures recommended by the workgroup. These rules shall take effect no later than July 1, 2007.

(b) A nonprofit community-based organization is entitled to reimbursememt for the assistance it provides to an eligible individual or family in applying for a benefit program. The reimbursement shall be in the form of a one-time technical assistance payment (TAP) of a minimum of $50 for a successful benefit program application. This TAP shall be in addition to any TAP that the community-based organization may receive from the Illinois Department of Public Aid for a successful Children's Health Insurance Program (KidCare) application. A nonprofit community-based organization is eligible for a TAP when the application contains all information and proofs necessary to approve the request for at least one of the benefit programs and the applicant has been determined eligible for at least one of the benefit programs. The Department shall issue a TAP to a nonprofit community-based organization within 45 days after a benefit program applicant is determined eligible for at least one of the benefit programs.

(c) The rules adopted by the Department to implement this program may include a phased rollout beginning in at least one county with a population in excess of 3,000,000 as well as in at least one county each in northern Illinois, central Illinois, and southern Illinois. If the rules provide for a phased rollout, the program must be implemented statewide within 18 months after the date the rules take effect.

(d) The Department's rules adopted to implement this program must, at a minimum, require that a nonprofit community-based organization comply with all confidentially requirements, as well as any safeguards put in place for certain populations, such as those individuals or families who have experienced domestic or sexual violence. The rules may require that a nonprofit community-based organization demonstrate a capacity for an ongoing, in-person relationship with applicants, and a level of investment in the constituency that accesses income supports. An organization must provide assistance with benefit program applications to individuals and families free of charge and must participate in at least one annual training event concerning benefit program applications and related policies and procedures, including fraud prevention, confidentiality protocols, and outreach and referral options. The Department must offer this training to nonprofit community-based organizations free of charge.

(e) The Department's rules must also provide that a nonprofit community-based organization's responsibilities include identifying potentially eligible individuals and families at or below 200% of the federal poverty level; educating potentially eligible individuals and families about income support programs they may be eligible for, including Food Stamps, medical assistance, and the Temporary Assistance for Needy Families Program; assisting potentially eligible individuals and families with initial applications, including the collection of verification documents; and submitting a complete application for one or more programs to the Department of Human Services.

(f) The date of the application shall be the date on which the individual or family first contacted the Department of Human Services or a contracted nonprofit community partner, whether that contact is in person or by telephone, regular mail, or electronic transmission, with the intention to apply for benefits, whichever is the earliest date.

(305 ILCS 5/11-15) (from Ch. 23, par. 11-15)

Sec. 11-15. Application requirements.

(1) An application for financial aid shall be filed in writing by the person requesting aid and, in the case of a request for family aid, by the head of that family, except as otherwise permitted in paragraph (2). Applications for aid under Articles III, IV, and V shall be filed in writing with the county department of the county in which the applicant resides in the manner prescribed by the Illinois Department. Applications for aid under Article VI shall be filed in writing with the local governmental unit upon forms approved by the Illinois Department.

Each applicant shall provide information as to the amount of property, real and personal, owned by him or her within the period of time preceding the application as required under Sections 3-1.3, 4-1.11, and 5-2.1 of this Code. The applicant shall also furnish information concerning all income, money contributions, and other support from any source, and the beneficiary and the amount or cash surrender or loan value of all insurance policies held by himself or herself or any member of his family for whom aid is requested.

(2) An application, in all instances to be in writing, may be filed in behalf of a person considered to be in need of financial aid under Articles III, IV, V, or VI only if the person

(a) has been adjudged to be under legal disability; or

(b) is unable because of minority or physical or mental disability, to execute the application; or

(c) in the case of need for funeral and burial, died before an application was filed and the application is filed not more than 30 days after the person's death, excluding the day on which the death occurred.

Applications in behalf of persons specified in (a) and (b) shall be filed by the applicant's legal guardian or, if a guardian has not been appointed or the applicant has no legal guardian or the guardian is not available, by a relative or other person, acceptable under the rules of the Illinois Department, who is able to furnish the required information. Applications in behalf of persons specified in (c) shall be filed by any next of kin of the deceased who is not under legal disability or, if there are no such next of kin or they are unknown or unavailable, by a person, acceptable under the rules of the Illinois Department, who is able to furnish the required information.

(3) The application shall contain a written declaration to be signed by the applicant, or in behalf of the applicant by a person qualified under paragraph (2), in substantially the following form, the parenthetical references being applicable to an application filed by a person in behalf of the applicant:

"I declare under penalties of perjury that I have examined this form and all accompanying statements or documents pertaining to the income and resources of myself (the applicant) or any member of my family (the applicant's family) included in this application for aid, or pertaining to any other matter having bearing upon my (the applicant's) eligibility for aid, and to the best of my knowledge and belief the information supplied is true, correct, and complete".

(4) If an application for financial aid is filed for a family, and any person in that family is under 18 years of age, the application shall be accompanied by the following for each such person under 18 years of age:

(i) a copy of the person's birth certificate, or

(ii) other reliable proof, as determined by the Department, of the person's identity and age.

(5) The Illinois Department shall provide information to all families, orally by an intake worker and in writing when the application is filed, about the availability and location of immunization services.

(6) The Department of Human Services shall adopt rules providing that, effective no later than January 1, 2006, (i) if an applicant for a particular program of assistance has already submitted documents and information for another program of assistance, the applicant need not resubmit the same documents and information in support of the new application and (ii) the Department shall use the already-submitted documents and information in ruling on the new application. The programs that shall be included in this rulemaking include at least all programs for cash and for medical or food assistance, including but not limited to the following: Temporary Assistance for Needy Families; Aid to the Aged, Blind and Disabled; General Assistance and General Assistance for Families and Children; Food Stamps; Medical Assistance (Medicaid); State Children's Health Insurance Program; Supplemental Food Program for Women Infants and Children (WIC); the Child Care subsidy program; Child Support Enforcement; programs of the Office of Rehabilitation Services; and the Low Income Home Energy Assistance Program.

(Source: P.A. 92-111, eff. 1-1-02.)

Section 99. Effective date. This Act takes effect upon becoming law.