HB2226 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2226

 

Introduced 2/8/2023, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/6-1.3  from Ch. 23, par. 6-1.3
305 ILCS 5/6-11  from Ch. 23, par. 6-11

    Amends the General Assistance Article of the Illinois Public Aid Code. Removes language providing that a person must be ineligible for medical assistance to qualify for general assistance.


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A BILL FOR

 

HB2226LRB103 24879 KTG 51212 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 Sections 6-1.3 and 6-11 as follows:
 
6    (305 ILCS 5/6-1.3)  (from Ch. 23, par. 6-1.3)
7    Sec. 6-1.3. Utilization of aid available under other
8provisions of Code. The person must have been determined
9ineligible for aid under the federally funded programs to aid
10refugees and Article Articles III or , IV or V. Nothing in this
11Section shall prevent the use of General Assistance funds to
12pay any portion of the costs of care and maintenance in a
13residential substance use disorder treatment program licensed
14by the Department of Human Services, or in a County Nursing
15Home, or in a private nursing home, retirement home or other
16facility for the care of the elderly, of a person otherwise
17eligible to receive General Assistance except for the
18provisions of this paragraph.
19    A person otherwise eligible for aid under the federally
20funded programs to aid refugees or Article Articles III or , IV
21or V who fails or refuses to comply with provisions of this
22Code or other laws, or rules and regulations of the Illinois
23Department, which would qualify him for aid under those

 

 

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1programs or Articles, shall not receive General Assistance
2under this Article nor shall any of his dependents whose
3eligibility is contingent upon such compliance receive General
4Assistance.
5    Persons and families who are ineligible for aid under
6Article IV due to having received benefits under Article IV
7for any maximum time limits set under the Illinois Temporary
8Assistance for Needy Families (TANF) Plan shall not be
9eligible for General Assistance under this Article unless the
10Illinois Department or the local governmental unit, by rule,
11specifies that those persons or families may be eligible.
12(Source: P.A. 100-759, eff. 1-1-19; 100-863, eff. 8-14-18.)
 
13    (305 ILCS 5/6-11)  (from Ch. 23, par. 6-11)
14    Sec. 6-11. General Assistance.
15    (a) Effective July 1, 1992, all State funded General
16Assistance and related medical benefits shall be governed by
17this Section, provided that, notwithstanding any other
18provisions of this Code to the contrary, on and after July 1,
192012, the State shall not fund the programs outlined in this
20Section. Other parts of this Code or other laws related to
21General Assistance shall remain in effect to the extent they
22do not conflict with the provisions of this Section. If any
23other part of this Code or other laws of this State conflict
24with the provisions of this Section, the provisions of this
25Section shall control.

 

 

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1    (b) General Assistance may consist of 2 separate programs.
2One program shall be for adults with no children and shall be
3known as Transitional Assistance. The other program may be for
4families with children and for pregnant women and shall be
5known as Family and Children Assistance.
6    (c) (1) To be eligible for Transitional Assistance on or
7after July 1, 1992, an individual must be ineligible for
8assistance under any other Article, except Article V, of this
9Code, must be determined chronically needy, and must be one of
10the following:
11        (A) age 18 or over or
12        (B) married and living with a spouse, regardless of
13    age.
14    (2) The local governmental unit shall determine whether
15individuals are chronically needy as follows:
16        (A) Individuals who have applied for Supplemental
17    Security Income (SSI) and are awaiting a decision on
18    eligibility for SSI who are determined to be a person with
19    a disability by the Illinois Department using the SSI
20    standard shall be considered chronically needy, except
21    that individuals whose disability is based solely on
22    substance use disorders and whose disability would cease
23    were their addictions to end shall be eligible only for
24    medical assistance and shall not be eligible for cash
25    assistance under the Transitional Assistance program.
26        (B) (Blank).

 

 

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1        (C) The unit of local government may specify other
2    categories of individuals as chronically needy; nothing in
3    this Section, however, shall be deemed to require the
4    inclusion of any specific category other than as specified
5    in paragraph (A).
6    (3) For individuals in Transitional Assistance, medical
7assistance may be provided by the unit of local government in
8an amount and nature determined by the unit of local
9government. Nothing in this paragraph (3) shall be construed
10to require the coverage of any particular medical service. In
11addition, the amount and nature of medical assistance provided
12may be different for different categories of individuals
13determined chronically needy.
14    (4) (Blank).
15    (5) (Blank).
16    (d) (1) To be eligible for Family and Children Assistance,
17a family unit must be ineligible for assistance under any
18other Article, except Article V, of this Code and must contain
19a child who is:
20        (A) under age 18 or
21        (B) age 18 and a full-time student in a secondary
22    school or the equivalent level of vocational or technical
23    training, and who may reasonably be expected to complete
24    the program before reaching age 19.
25    Those children shall be eligible for Family and Children
26Assistance.

 

 

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1    (2) The natural or adoptive parents of the child living in
2the same household may be eligible for Family and Children
3Assistance.
4    (3) A pregnant woman whose pregnancy has been verified
5shall be eligible for income maintenance assistance under the
6Family and Children Assistance program.
7    (4) The amount and nature of medical assistance provided
8under the Family and Children Assistance program shall be
9determined by the unit of local government. The amount and
10nature of medical assistance provided need not be the same as
11that provided under paragraph (3) of subsection (c) of this
12Section, and nothing in this paragraph (4) shall be construed
13to require the coverage of any particular medical service.
14    (5) (Blank).
15    (e) A local governmental unit that chooses to participate
16in a General Assistance program under this Section shall
17provide funding in accordance with Section 12-21.13 of this
18Act. Local governmental funds used to qualify for State
19funding may only be expended for clients eligible for
20assistance under this Section 6-11 and related administrative
21expenses.
22    (f) (Blank).
23    (g) (Blank).
24(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19.)