Public Act 90-0290 of the 90th General Assembly
Public Act 90-0290
HB0619 Enrolled LRB9000200SMdv
AN ACT to amend the Department of Human Services Act by
changing Section 10-25.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Human Services Act is
amended by changing Section 10-25 as follows:
(20 ILCS 1305/10-25)
(Text of Section taking effect July 1, 1997)
Sec. 10-25. Women, Infants, and Children Nutrition
Program.
(a) The Department shall participate in the Women,
Infants and Children Nutrition program of the federal
government to the maximum extent permitted by the federal
appropriation and allocation to the State of Illinois. The
Department shall report quarterly to the Governor and the
General Assembly the status of obligations and expenditures
of the WIC nutrition program appropriation and make
recommendations on actions necessary to expend all available
federal funds. Other appropriations and funds from any
public or private source in addition to federal funds may be
used by the Department for the purpose of maximum
participation in the WIC nutrition program.
(b) The Department shall maintain a drug abuse education
program for participants in the Women, Infants and Children
Nutrition Program. The program shall include but need not be
limited to (1) the provision of information concerning the
dangers of drug abuse and (2) the referral of participants
who are suspected drug abusers to drug abuse clinics,
treatment programs, counselors or other drug abuse treatment
providers.
(c) The Department shall cooperate with the Department
of Public Health for purposes of the smoking cessation
program for participants in the Women, Infants and Children
Nutrition Program maintained by the Department of Public
Health under Section 55.44 of the Civil Administrative Code
of Illinois.
(d) The Department may contract with any bank as defined
by the Illinois Banking Act to redeem bank drafts issued by
the Department under the United States Department of
Agriculture Special Supplemental Food Program for Women,
Infants and Children (WIC). Any bank with which the
Department has entered into a contract to redeem bank drafts
may receive, pursuant to an appropriation to the Department,
an initial advance and periodic payment of funds for the
Women, Infants and Children Program in amounts determined by
the Secretary. Notwithstanding any other law, such funds
shall be retained in a separate account by the bank. Any
interest earned by monies in such account shall accrue to the
USDA Women, Infants and Children Fund and shall be used
exclusively for the redemption of bank drafts issued by the
Department. WIC program food funds received by the bank from
the Department shall be used exclusively for the redemption
of bank drafts. The bank shall not use such food funds, or
interest accrued thereon, for any other purpose including,
but not limited to, reimbursement of administrative expenses
or payments of administrative fees due the bank pursuant to
its contract or contracts with the Department.
Such initial and periodic payments by the Department to
the bank shall be effected, pursuant to an appropriation, in
an amount needed for the redemption of bank drafts issued by
the Department under the United States Department of
Agriculture Special Supplemental Food Program for Women,
Infants and Children in any initial or succeeding period.
The State Comptroller shall, upon presentation by the
Secretary of adequate certification of funds needed for
redemption of bank drafts, promptly draw a warrant payable to
the bank for deposit to the separate account of the bank.
Such certification may be in magnetic tape or computer output
form, indicating the amount of the total payment made by the
bank for the redemption of bank drafts from funds provided to
the bank under this Section.
The separate account of the bank established under this
Section, any payments to that account, and the use of such
account and funds shall be subject to (1) audit by the
Department or a private contractor authorized by the
Department to conduct audits, including but not limited to
such audits as may be required by State law, (2) audit by the
federal government or a private contractor authorized by the
federal government, and (3) post audit pursuant to the
Illinois State Auditing Act.
(e) The Department may include a program of lactation
support services as part of the benefits and services
provided for pregnant and breast feeding participants in the
Women, Infants and Children Nutrition Program. The program
may include payment for breast pumps, breast shields, or any
supply deemed essential for the successful maintenance of
lactation, as well as lactation specialists who are
registered nurses, licensed dietitians, or persons who have
successfully completed a lactation management training
program.
(f) The Department shall coordinate the operation of the
Women, Infants and Children program with the Medicaid program
by interagency agreement whereby each program provides
information about the services offered by the other to
applicants for services.
(Source: P.A. 89-507, eff. 7-1-97.)