Statutes > Illinois Statutes > CHAPTER 305 PUBLIC AID > 305 ILCS 5/ Illinois Public Aid Code. > Article XII - Administration

Article XII - Administration


      (305 ILCS 5/Art. XII heading)
ARTICLE XII. ADMINISTRATION

    (305 ILCS 5/12‑1)(from Ch. 23, par. 12‑1)
    Sec. 12‑1. Administration of Code; Department of Healthcare and Family Services.
    (a) This Code shall be administered by the Department of Human Services and the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) as provided in the Department of Human Services Act.
    (b) The Department of Healthcare and Family Services shall be under the supervision and direction of the Director of Healthcare and Family Services, as provided in Section 5‑20 of the Departments of State Government Law (20 ILCS 5/5‑20). The Director shall be appointed pursuant to the provisions of Section 5‑605 and meet the qualifications of Section 5‑230 of that Law.
    The Assistant Director of Healthcare and Family Services, created by Section 5‑165 of the Departments of State Government Law (20 ILCS 5/5‑165), shall be appointed pursuant to the provisions of Section 5‑605 of that Law and shall meet the qualifications prescribed in Section 5‑230 of that Law.
    The salaries of the Director and the Assistant Director shall be those specified in Section 5‑395 of the Departments of State Government Law (20 ILCS 5/5‑395).
    The Department of Healthcare and Family Services and the Director of Healthcare and Family Services shall comply with other provisions of the Civil Administrative Code of Illinois which are generally applicable to the several departments of the State Government created by that Code.
(Source: P.A. 95‑331, eff. 8‑21‑07.)

    (305 ILCS 5/12‑2) (from Ch. 23, par. 12‑2)
    Sec. 12‑2. County departments. The County Departments, under the supervision and direction of the Illinois Department and subject to its rules and regulations, shall locally administer the programs provided by Articles III, IV, and V of this Code and shall provide the social services and utilize the rehabilitative facilities authorized in Articles IX and IXA in respect to persons served through Articles III, IV, and V. They shall also discharge such other duties as may be required by other provisions of this Code or other laws of this State.
(Source: P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑3) (from Ch. 23, par. 12‑3)
    Sec. 12‑3. Local governmental units. As provided in Article VI, local governmental units shall provide funds for and administer the programs provided in that Article subject, where so provided, to the supervision of the Illinois Department. Local governmental units shall also provide the social services and utilize the rehabilitative facilities authorized in Article IX for persons served through Article VI, and shall discharge such other duties as may be required by this Code or other laws of this State.
    In counties not under township organization, the county shall provide funds for and administer such programs.
    In counties under township organization (including any such counties in which the governing authority is a board of commissioners) the various towns other than those towns lying entirely within the corporate limits of any city, village or incorporated town having a population of more than 500,000 inhabitants shall provide funds for and administer such programs.
    Cities, villages, and incorporated towns having a population of more than 500,000 inhabitants shall provide funds for public aid purposes under Article VI but the Department of Human Services shall administer the program for such municipality. For the fiscal year beginning July 1, 2003, however, the municipality shall decrease by $5,000,000 the amount of funds it provides for public aid purposes under Article VI. For each fiscal year thereafter, the municipality shall decrease the amount of funds it provides for public aid purposes under Article VI in that fiscal year by an additional amount equal to (i) $5,000,000 or (ii) the amount provided by the municipality in the preceding fiscal year, whichever is less, until the municipality does not provide any funds for public aid purposes under Article VI.
    Incorporated towns which have superseded civil townships shall provide funds for and administer the public aid program provided by Article VI.
    In counties of less than 3 million population having a County Veterans Assistance Commission in which there has been levied a tax as authorized by Section 5‑2006 of the Counties Code for the purpose of providing assistance to military veterans and their families, the County Veterans Assistance Commission shall administer the programs provided by Article VI for such military veterans and their families as seek aid through the County Veterans Assistance Commission.
(Source: P.A. 92‑111, eff. 1‑1‑02; 92‑597, eff. 6‑28‑02.)

    (305 ILCS 5/12‑4) (from Ch. 23, par. 12‑4)
    Sec. 12‑4. Powers and duties of the Illinois department. In addition to the powers, duties and functions vested in it by other provisions of this Code or by other laws of this State, the Illinois Department shall have the powers enumerated in Sections 12‑4.1 to 12‑4.30, inclusive, subject to the conditions therein stated.
(Source: P.A. 85‑1209.)

    (305 ILCS 5/12‑4.1) (from Ch. 23, par. 12‑4.1)
    Sec. 12‑4.1. Appointment of administrative staff.
    Appoint, in accordance with the "Personnel Code", approved July 18, 1955, as amended, such administrative staff as may be necessary. The enactment of this Code shall not impair the merit services status of persons employed by the Illinois Department on the effective date thereof.
(Source: Laws 1967, p. 122.)

    (305 ILCS 5/12‑4.3) (from Ch. 23, par. 12‑4.3)
    Sec. 12‑4.3. Child and Spouse Support Unit.) Establish within the administrative staff a Child and Spouse Support unit, as provided in Section 10‑3.1 of Article X.
(Source: P.A. 79‑474.)

    (305 ILCS 5/12‑4.4)(from Ch. 23, par. 12‑4.4)
    Sec. 12‑4.4. Administration of federally‑aided programs. Direct County Departments of Public Aid in the administration of the federally funded food stamp program, programs to aid refugees and Articles III, IV, and V of this Code.
    The Illinois Department of Human Services shall operate a Food Stamp Employment and Training (FSE&T) program in compliance with federal law. The FSE&T program will have an Earnfare component. The Earnfare component shall be available in selected geographic areas based on criteria established by the Illinois Department of Human Services by rule. Participants in Earnfare will, to the extent resources allow, earn their assistance. Participation in the Earnfare program is voluntary, except when ordered by a court of competent jurisdiction. Eligibility for Earnfare may be limited to only 6 months out of any 12 consecutive month period. Clients are not entitled to be placed in an Earnfare slot. Earnfare slots shall be made available only as resources permit. Earnfare shall be available to persons receiving food stamps who meet eligibility criteria established by the Illinois Department of Human Services by rule. The Illinois Department may, by rule, extend the Earnfare Program to clients who do not receive food stamps. Receipt of food stamps is not an eligibility requirement of Earnfare when a court of competent jurisdiction orders an individual to participate in the Earnfare Program. To the extent resources permit, the Earnfare program will allow participants to engage in work‑related activities to earn monthly financial assistance payments and to improve participants' employability in order for them to succeed in obtaining employment. The Illinois Department of Human Services may enter into contracts with other public agencies including State agencies, with local governmental units, and with not‑for‑profit community based organizations to carry out the elements of the Program that the Department of Human Services deems appropriate.
    The Earnfare Program shall contain the following elements:
        (1) To the extent resources allow and slots exist,
     the Illinois Department of Human Services shall refer recipients of food stamp assistance who meet eligibility criteria, as established by rule. Receipt of food stamps is not an eligibility requirement of Earnfare when a court of competent jurisdiction orders an individual to participate in the Earnfare Program.
        (2) Persons participating in Earnfare shall engage
     in employment assigned activities equal to the amount of the food stamp benefits divided by the State or federal minimum wage, whichever is higher, and subsequently shall earn minimum wage assistance for each additional hour of performance in Earnfare activity. Earnfare participants shall be offered the opportunity to earn up to $154. The Department of Human Services may establish a higher amount by rule provided resources permit. If a court of competent jurisdiction orders an individual to participate in the Earnfare program, hours engaged in employment assigned activities shall first be applied for a $50 payment made to the custodial parent as a support obligation. If the individual receives food stamps, the individual shall engage in employment assigned activities equal to the amount of the food stamp benefits divided by the State or federal minimum wage, whichever is higher, and subsequently shall earn State or federal minimum wage assistance, whichever is higher, for each additional hour of performance in Earnfare activity.
        (3) To the extent appropriate slots are available,
     the Illinois Department of Human Services shall assign Earnfare participants to Earnfare activities based on an assessment of the person's age, literacy, education, educational achievement, job training, work experience, and recent institutionalization, whenever these factors are known to the Department of Human Services or to the contractor and are relevant to the individual's success in carrying out the assigned activities and in ultimately obtaining employment.
        (4) The Department of Human Services shall consider
     the participant's preferences and personal employment goals in making assignments to the extent administratively possible and to the extent that resources allow.
        (5) The Department of Human Services may enter into
     cooperative agreements with local governmental units (which may, in turn, enter into agreements with not‑for‑profit community based organizations): with other public, including State, agencies; directly with not‑for‑profit community based organizations, and with private employers to create Earnfare activities for program participants.
        (6) To the extent resources permit, the Department
     of Human Services shall provide the Earnfare participants with the costs of transportation in looking for work and in getting to and from the assigned Earnfare job site and initial expenses of employment.
        (7) All income and asset limitations of the Federal
     Food Stamp Program will govern continued Earnfare participation, except that court ordered participants shall participate for 6 months unless the court orders otherwise.
        (8) Earnfare participants shall not displace or
     substitute for regular, full time or part time employees, regardless of whether or not the employee is currently working, on a leave of absence or in a position or similar position where a layoff has taken place or the employer has terminated the employment of any regular employee or otherwise reduced its workforce with the effect of filling the vacancy so created with a participant subsidized under this program, or is or has been involved in a labor dispute between a labor organization and the sponsor.
        (9) Persons who fail to cooperate with the FSE&T
     program shall become ineligible for food stamp assistance according to Food Stamp regulations, and for Earnfare participation. Failure to participate in Earnfare for all of the hours assigned is not a failure to cooperate unless so established by the employer pursuant to Department of Human Services rules. If a person who is ordered by a court of competent jurisdiction to participate in the Earnfare Program fails to cooperate with the Program, the person shall be referred to the court for failure to comply with the court order.
(Source: P.A. 94‑533, eff. 8‑10‑05.)

    (305 ILCS 5/12‑4.5) (from Ch. 23, par. 12‑4.5)
    Sec. 12‑4.5. Co‑operation with Federal Government. Co‑operate with the Federal Department of Health and Human Services, or with any successor agency thereof, or with any other agency of the Federal Government providing federal funds, commodities, or aid, for public aid and other purposes, in any reasonable manner not contrary to this Code, as may be necessary to qualify for federal aid for the several public aid and welfare service programs established under this Code, including the costs of administration and personnel training incurred thereunder, and for such other aid, welfare and related programs for which federal aid may be available.
    The Department of Human Services may supervise the administration of food and shelter assistance under this Section for which the Department of Human Services is authorized to receive funds from federal, State and private sources. Under such terms as the Department of Human Services may establish, such monies may be distributed to units of local government and non‑profit agencies for the purpose of provision of temporary shelter and food assistance. Temporary shelter means emergency and transitional living arrangements, including related ancillary services. Allowable costs shall include remodeling costs but shall not include other costs not directly related to direct service provision.
    The Department of Human Services may provide low income families and individuals appropriate supportive services on site to enhance their ability to maintain independent living arrangements or may contract for the provision of those services on site with entities that develop or operate housing developments, governmental units, community based organizations, or not for profit organizations. Those living arrangements may include transitional housing, single‑room occupancy (SRO) housing developments, or family housing developments. Supportive services may include any service authorized under the Public Aid Code including, but not limited to, services relating to substance abuse, mental health, transportation, child care, or case management. When appropriate, the Department of Human Services shall work with other State agencies in order to coordinate services and to maximize funding. The Department of Human Services shall give priority for services to residents of housing developments which have been funded by or have a commitment of funds from the Illinois Housing Development Authority.
    The Department of Human Services shall promulgate specific rules governing the selection of Distribution Network Agencies under the Federal Surplus Commodity Program including, but not limited to, policies relative to the termination of contracts, policies relative to fraud and abuse, appeals processes, and information relative to application and selection processes. The Department of Human Services shall also promulgate specific rules that set forth the information required to be contained in the cost reports to be submitted by each Distribution Network Agency to the Department of Human Services.
    The Department of Human Services shall cooperate with units of local government and non‑profit agencies in the development and implementation of plans to assure the availability of temporary shelter for persons without a home and/or food assistance.
    The Department of Human Services shall report annually to the House and Senate Appropriations Committees of the General Assembly regarding the provision of monies for such assistance as provided in this Section, including the number of persons served, the level and cost of food provided and the level and cost of each type of shelter provided and any unmet need as to food and shelter.
    The Illinois Department of Human Services shall make such reports to the Federal Department or other Federal agencies in such form and containing such information as may be required, and shall comply with such provisions as may be necessary to assure the correctness and verification of such reports if funds are contributed by the Federal Government. In cooperating with any federal agency providing federal funds, commodities, or aid for public aid and other purposes, the Department of Human Services, with the consent of the Governor, may make necessary expenditures from moneys appropriated for such purposes for any of the subdivisions of public aid, for related purposes, or for administration.
(Source: P.A. 88‑332; 89‑507, eff. 7‑1‑97.)

    (305 ILCS 5/12‑4.6) (from Ch. 23, par. 12‑4.6)
    Sec. 12‑4.6. Receipt and use of federal funds, commodities, or other aid.
    Receive, expend and use for all purposes of this Code, and for other public aid, welfare and related purposes, funds, commodities and other aid made available by the Federal Government.
(Source: Laws 1967, p. 122.)

    (305 ILCS 5/12‑4.7) (from Ch. 23, par. 12‑4.7)
    Sec. 12‑4.7. Co‑operation with other agencies. Make use of, aid and co‑operate with State and local governmental agencies, and co‑operate with and assist other governmental and private agencies and organizations engaged in welfare functions.
(Source: P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑4.7a) (from Ch. 23, par. 12‑4.7a)
    Sec. 12‑4.7a. (Repealed).
(Source: P.A. 90‑372, eff. 7‑1‑98. Repealed internally, eff. 7‑1‑98.)

    (305 ILCS 5/12‑4.7b)
    Sec. 12‑4.7b. Exchanges of information; inmates. The Department shall enter into intergovernmental agreements to conduct monthly exchanges of information with the Illinois Department of Corrections, the Cook County Department of Corrections, and the office of the sheriff of every other county to determine whether any individual included in an assistance unit receiving public aid under any Article of this Code is an inmate in a facility operated by the Illinois Department of Corrections, the Cook County Department of Corrections, or a county sheriff. The Department shall review each month the entire list of individuals generated by the monthly exchange and shall verify the eligibility for benefits under this Code for each individual on the list. The Department shall terminate benefits under this Code for any individual determined to be ineligible by this monthly review. The Department shall use any legal means available to recoup as an overpayment any assistance provided to an individual for any period during which he or she was ineligible to receive the assistance.
(Source: P.A. 89‑659, eff. 8‑14‑96.)

    (305 ILCS 5/12‑4.7c)
    Sec. 12‑4.7c. Exchange of information after July 1, 1997.
    (a) The Department of Human Services shall exchange with the Department of Healthcare and Family Services information that may be necessary for the enforcement of child support orders entered pursuant to Sections 10‑10 and 10‑11 of this Code or pursuant to the Illinois Marriage and Dissolution of Marriage Act, the Non‑Support of Spouse and Children Act, the Non‑Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or the Illinois Parentage Act of 1984.
    (b) Notwithstanding any provisions in this Code to the contrary, the Department of Human Services shall not be liable to any person for any disclosure of information to the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) under subsection (a) or for any other action taken in good faith to comply with the requirements of subsection (a).
(Source: P.A. 95‑331, eff. 8‑21‑07.)

    (305 ILCS 5/12‑4.7d)
    Sec. 12‑4.7d. Interagency agreement regarding investigation of child care providers. The Department shall enter into a written agreement with the Department of Children and Family Services which shall provide for interagency procedures regarding requests by the Department that the Department of Children and Family Services conduct an investigation of the Central Register, as defined in the Abused and Neglected Child Reporting Act, to ascertain if a child care provider who is not required to be licensed under the Child Care Act of 1969 and who is participating in the child care assistance program under this Code has been determined to be a perpetrator in an indicated report of child abuse or neglect.
(Source: P.A. 90‑684, eff. 7‑31‑98.)

    (305 ILCS 5/12‑4.7e)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 12‑4.7e. Cross‑Agency Medicaid Commission.
    (a) The Cross‑Agency Medicaid Commission is established to study ways for the State agencies named in paragraphs (1) through (4) of subsection (b) to coordinate activities and programs to maximize the amount of federal Medicaid matching funds paid to the State for goods and services provided to children and their families under programs administered by those agencies.
    (b) The Commission shall consist of the following 8 members:
        (1) The Director of Healthcare and Family Services or
     his or her designee; and a representative of vendors of goods or services to children or their families who are eligible for medical assistance under Article V of this Code or for benefits under any other program administered by the Department of Healthcare and Family Services for which federal Medicaid matching funds may be available.
        (2) The Secretary of Human Services or his or her
     designee; and a representative of vendors of goods or services to children or their families who are eligible for benefits under any program administered by the Department of Human Services for which federal Medicaid matching funds may be available.
        (3) The Director of Children and Family Services or
     his or her designee; and a representative of vendors of goods or services to children or their families who are eligible for benefits under any program administered by the Department of Children and Family Services for which federal Medicaid matching funds may be available.
        (4) The State Superintendent of Education or his or
     her designee; and a representative of vendors of goods or services to children or their families who are eligible for benefits under any program administered by the Illinois State Board of Education for which federal Medicaid matching funds may be available.
    (c) The Director of Healthcare and Family Services shall serve as the Chair of the Commission. All members other than representatives of State agencies shall be appointed by the Governor no later than January 1, 2010 and shall serve without compensation. A quorum shall consist of 5 members. An affirmative vote of a majority of those members present and voting shall be necessary for Commission action. The Commission shall meet quarterly or more frequently at the call of the Chair.
    (d) The Department of Human Services shall provide staff and support to the Commission.
    (e) The Commission may release findings and recommendations at any time but at a minimum must observe the following schedule:
        (1) The Commission must issue preliminary findings
     and recommendations to the General Assembly by July 1, 2010.
        (2) The Commission must issue its final findings and
     recommendations to the General Assembly by December 31, 2011.
    (f) This Section is repealed on January 1, 2012.
(Source: P.A. 96‑878, eff. 2‑2‑10.)

    (305 ILCS 5/12‑4.8) (from Ch. 23, par. 12‑4.8)
    Sec. 12‑4.8. Supervision of administration of general assistance. Supervise the administration of General Assistance under Article VI by local governmental units receiving State funds for the purposes of such Article.
(Source: P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑4.8a)
    Sec. 12‑4.8a. General assistance record keeping. The Illinois Department shall establish procedures designed to ensure that a person who receives a general assistance grant from the Illinois Department does not receive a duplicate grant from a township general assistance program that receives State funds.
(Source: P.A. 88‑412.)

    (305 ILCS 5/12‑4.9) (from Ch. 23, par. 12‑4.9)
    Sec. 12‑4.9. Hearings and investigations.
    Conduct hearings and investigations in connection with the administration of public aid; compel by subpoena, the attendance and testimony of witnesses and the production of books and papers; and administer oaths to witnesses. No person shall be compelled to attend an investigation or hearing at a place outside the county in which he resides.
    Subpoenas may be served as provided for in civil actions. The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the Circuit Court and shall be paid as an expense of administration.
    Any qualified officer or employee of the Department designated in writing by the Director may conduct the hearings and investigations.
(Source: Laws 1967, p. 122.)

    (305 ILCS 5/12‑4.10) (from Ch. 23, par. 12‑4.10)
    Sec. 12‑4.10. Forms and supplies.
    Prescribe the form of and print and supply to the County Departments and local governmental units official blanks for applications and reports and such other forms as it deems advisable in relation to the administration of public aid.
(Source: Laws 1967, p. 122.)

    (305 ILCS 5/12‑4.11)(from Ch. 23, par. 12‑4.11)
    Sec. 12‑4.11. Grant amounts. The Department, with due regard for and subject to budgetary limitations, shall establish grant amounts for each of the programs, by regulation. The grant amounts may vary by program, size of assistance unit and geographic area.
    Aid payments shall not be reduced except: (1) for changes in the cost of items included in the grant amounts, or (2) for changes in the expenses of the recipient, or (3) for changes in the income or resources available to the recipient, or (4) for changes in grants resulting from adoption of a consolidated grant amount.
    Subject to appropriation, beginning on July 1, 2008, the Department of Human Services shall increase TANF grant amounts in effect on June 30, 2008 by 15%. The Department is authorized to administer this increase but may not otherwise adopt any rule to implement this increase.
    In fixing standards to govern payments or reimbursements for funeral and burial expenses, the Department shall establish a minimum allowable amount of not less than $1,000 for Department payment of funeral services and not less than $500 for Department payment of burial or cremation services. On January 1, 2006, July 1, 2006, and July 1, 2007, the Department shall increase the minimum reimbursement amount for funeral and burial expenses under this Section by a percentage equal to the percentage increase in the Consumer Price Index for All Urban Consumers, if any, during the 12 months immediately preceding that January 1 or July 1. In establishing the minimum allowable amount, the Department shall take into account the services essential to a dignified, low‑cost (i) funeral and (ii) burial or cremation, including reasonable amounts that may be necessary for burial space and cemetery charges, and any applicable taxes or other required governmental fees or charges. If no person has agreed to pay the total cost of the (i) funeral and (ii) burial or cremation charges, the Department shall pay the vendor the actual costs of the (i) funeral and (ii) burial or cremation, or the minimum allowable amount for each service as established by the Department, whichever is less, provided that the Department reduces its payments by the amount available from the following sources: the decedent's assets and available resources and the anticipated amounts of any death benefits available to the decedent's estate, and amounts paid and arranged to be paid by the decedent's legally responsible relatives. A legally responsible relative is expected to pay (i) funeral and (ii) burial or cremation expenses unless financially unable to do so.
    Nothing contained in this Section or in any other Section of this Code shall be construed to prohibit the Illinois Department (1) from consolidating existing standards on the basis of any standards which are or were in effect on, or subsequent to July 1, 1969, or (2) from employing any consolidated standards in determining need for public aid and the amount of money payment or grant for individual recipients or recipient families.
(Source: P.A. 95‑744, eff. 7‑18‑08; 95‑1055, eff. 4‑10‑09; 96‑1000, eff. 7‑2‑10.)

    (305 ILCS 5/12‑4.12) (from Ch. 23, par. 12‑4.12)
    Sec. 12‑4.12. Insurance Policies in Determination of Need.
    To the extent authorized by the rules and regulations of the Illinois Department, all or a portion of the loan or cash value of insurance policies may be disregarded in the determination of need under Sections 3‑1.2, 4‑1.6, 5‑4, 6‑1.2 and 7‑1.2. The Department may also provide, by rule, (1) for the continuation of life insurance policies at face, cash, or loan value amounts in excess of funeral and burial expenses, as such expenses are governed by standards established under Section 12‑4.11, and (2) whether or not provision for continuation is made under (1), for the taking of assignments of life insurance policie