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2005 Illinois 305 ILCS 5/      Illinois Public Aid Code. 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; Illinois Department of Public Aid.
    (a) This Code shall be administered by the Department of Human Services and the Illinois Department of Public Aid as provided in the Department of Human Services Act.
    (b) The Department of Public Aid shall be under the supervision and direction of the Director of Public Aid, 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 Public Aid, 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 Illinois Department of Public Aid and the Director of Public Aid 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. 91‑239, eff. 1‑1‑00.)

    (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 Illinois Department of Public Aid 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 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. 90‑18, eff. 7‑1‑97; 91‑613, eff. 10‑1‑99.)

    (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 5/12‑4.8) (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.
    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. 94‑669, eff. 8‑23‑05.)

    (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 policies to cover an amount not in excess of the amount of financial aid which has been, or may be, provided. In making the determination under (1), the Department shall consider the physical condition of the insured, the needs of the insured and his dependents for financial aid, whether those needs will be of a temporary or continuing nature, and the existence of any unusual circumstances which may warrant a decision to permit such continuation.
(Source: P. A. 76‑1416.)

    (305 ILCS 5/12‑4.13) (from Ch. 23, par. 12‑4.13)
    Sec. 12‑4.13. Extension of federal commodity and food stamp programs to non‑recipients; Standards of eligibility. The Department of Human Services shall provide, by rule, for the extension of Federal surplus foods, food stamps, or other commodities made available by the Federal Government to persons who are not recipients of public aid, and establish standards for determining the eligibility of such persons.
(Source: P.A. 89‑507, eff. 7‑1‑97.)

    (305 ILCS 5/12‑4.14) (from Ch. 23, par. 12‑4.14)
    Sec. 12‑4.14. Investigation of resources of applicants, recipients, and responsible relatives.
    Investigate the financial condition of applicants, recipients, and responsible relatives as defined in Section 2‑‑11 of Article II, in order to determine whether an applicant or recipient has or can obtain property, income, resources, or other sources of support sufficient to provide him with a standard of living compatible with health and well‑being.
(Source: Laws 1967, p. 122.)

    (305 ILCS 5/12‑4.15) (from Ch. 23, par. 12‑4.15)
    Sec. 12‑4.15. (Repealed).
(Source: P.A. 86‑651. Repealed by P.A. 90‑17, eff. 7‑1‑97.)

    (305 ILCS 5/12‑4.16) (from Ch. 23, par. 12‑4.16)
    Sec. 12‑4.16. Economic and social investigations.
    Investigate causes of dependency and economic distress, develop plans and programs for the elimination and prevention of such causes, and recommend the execution of such programs to appropriate agencies.
(Source: Laws 1967, p. 122.)

    (305 ILCS 5/12‑4.17) (from Ch. 23, par. 12‑4.17)
    Sec. 12‑4.17. Training personnel for employment in public aid programs. Establish within the administrative staff a staff development unit to provide orientation and job‑related training for new employees and continued development and improvement of job skills of all staff of the Department and County Departments; establish criteria for and administer and maintain a program for granting employees educational leave for specialized professional or technical study; and co‑ordinate such training, development, and educational activities with the training program of the Illinois Department of Central Management Services and with other programs for training personnel established under this Section. The Department may also make grants to public or other non‑profit institutions of higher learning for training personnel employed or preparing for employment in the public aid programs and conduct special courses of study or seminars for personnel by experts hired temporarily by the Illinois Department.
(Source: P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑4.18) (from Ch. 23, par. 12‑4.18)
    Sec. 12‑4.18. Grants and gifts for public aid and related welfare purposes. Accept, hold and administer in behalf of the State any grant, gift or legacy of money, securities, or property to the Illinois Department or to the State of Illinois for public aid or any related welfare purpose.
    From appropriations from the Assistance to the Homeless Fund, a special fund in the State treasury, which is hereby created, provide grants to not‑for‑profit organizations for the purpose of providing assistance to homeless persons.
    Grants, gifts, and legacies for employment and training programs for public assistance clients shall be deposited into the Employment and Training Fund.
    Grants, gifts, donations, and legacies for functions connected with the administration of any medical program administered by the Illinois Department shall be deposited into the Medical Special Purposes Trust Fund created under Section 12‑10.5.
(Source: P.A. 92‑37, eff. 7‑1‑01.)

    (305 ILCS 5/12‑4.19) (from Ch. 23, par. 12‑4.19)
    Sec. 12‑4.19. Grants for Pilot Studies and Research.
    Co‑operate with the Federal Government, private foundations, persons, corporations or other entities making grants of funds or offering the services of technical assistants for pilot studies and other research programs relating to effective methods of rehabilitation or the adequacy of public aid and welfare programs, policies and procedures, and accept, hold and administer grants made in connection therewith. Grants for functions connected with the administration of any medical program administered by the Illinois Department shall be deposited into the Medical Special Purposes Trust Fund created under Section 12‑10.5.
(Source: P.A. 92‑37, eff. 7‑1‑01.)

    (305 ILCS 5/12‑4.20) (from Ch. 23, par. 12‑4.20)
    Sec. 12‑4.20. Appointment of statewide advisory committees. Appoint, when and as it may deem necessary, statewide advisory committees to provide professional or technical consultation in respect to medical or dental or hospital care, general assistance, home economics, or other special aspects of public aid and related welfare functions. The members of the committees shall receive no compensation for their services, other than expenses actually incurred in the performance of their official duties. The number of members of each advisory committee shall be determined by the Illinois Department. The committees shall consult with and advise the Illinois Department in respect to problems and policies incident to the administration of the particular Article or Articles of this Code germane to their respective fields of competence.
    The Illinois Department shall include a balanced representation of recipients, service providers, representatives of community and welfare advocacy groups, representatives of local governments dealing with public aid, and representatives of the general public on all statewide advisory committees appointed by it, except that Professional Advisory Committees created under Section 5‑5 of this Code to provide technical and professional advice to the Department shall consist entirely of persons practicing a particular profession.
(Source: P.A. 86‑1475.)

    (305 ILCS 5/12‑4.20a) (from Ch. 23, par. 12‑4.20a)
    Sec. 12‑4.20a. (Repealed).
(Source: P.A. 92‑84, eff. 7‑1‑02. Repealed internally, eff. 7‑1‑02.)

    (305 ILCS 5/12‑4.20b) (from Ch. 23, par. 12‑4.20b)
    Sec. 12‑4.20b. (Repealed).
(Source: P.A. 90‑372, eff. 7‑1‑98. Repealed internally, eff. 7‑1‑98.)

    (305 ILCS 5/12‑4.20c) (from Ch. 23, par. 12‑4.20c)
    Sec. 12‑4.20c. Appointment of Child Support Advisory Committee. Appoint the Child Support Advisory Committee to be composed of members of the General Assembly, the judiciary, the private bar, and others with expertise specific to child support establishment and enforcement. Among the tasks of the Committee shall be the periodic review of the State's child support guidelines as required by the federal Family Support Act of 1988. Members shall be appointed for one year terms commencing on January 1 of each year. Each newly appointed Committee shall elect a chairperson from among its members. Members shall serve without compensation, but shall be reimbursed for expenses incurred in the performance of their duties. The Committee shall meet at least quarterly and at other times at the call of the chairperson or at the request of the Director.
(Source: P.A. 86‑1347; 86‑1432.)

    (305 ILCS 5/12‑4.20d) (from Ch. 23, par. 12‑4.20d)
    Sec. 12‑4.20d. Appointment of Social Services Advisory Council. Appoint the Social Services Advisory Council, to be composed of 30 members, which shall include a balanced representation of recipients, services providers, local governmental units, community and welfare advocacy groups, academia and the general public. The Council shall advise the Illinois Department regarding all aspects of assistance delivered or contracted for under Articles III, IV, VI and IX of this Code and other areas as deemed appropriate by the Director. In appointing the first Council, the Director shall name 15 members to 2 year terms and 15 members to 4 year terms, all of whom shall be appointed within 6 months of the effective date of this amendatory Act of 1991. All members appointed thereafter shall serve 4 year terms. Members shall serve without compensation other than reimbursement of expenses actually incurred in the performance of their official duties. At its first meeting, the Council shall select a chair from among its members. The Council shall meet at least quarterly and at other times at the call of the chair.
(Source: P.A. 87‑685.)

    (305 ILCS 5/12‑4.21) (from Ch. 23, par. 12‑4.21)
    Sec. 12‑4.21. Appointment of county welfare services committee.
    Appoint, in the manner provided in Section 12‑‑19, the members of the County Welfare Services Committee in each county of the State.
(Source: Laws 1967, p. 122.)

    (305 ILCS 5/12‑4.22) (from Ch. 23, par. 12‑4.22)
    Sec. 12‑4.22. Utilization of volunteers.
    Adopt, in cooperation with the County Welfare Services Committee of each county, a plan for the recruitment and full utilization of volunteers to assist caseworkers and other staff in the performance of their responsibilities in administering the public aid programs.
(Source: Laws 1967, p. 122.)

    (305 ILCS 5/12‑4.23) (from Ch. 23, par. 12‑4.23)
    Sec. 12‑4.23. Disposition of obsolete equipment and supplies.
    Sell, destroy, or otherwise dispose of office equipment and supplies of the Illinois Department or the County Departments which have become worthless by reason of obsolescence or condition of disrepair. If the Illinois Department orders the sale of all or any portion of such equipment or supplies, such sale may be either public or private and for cash, and the proceeds thereof shall be paid into the General Revenue Fund.
(Source: Laws 1967, p. 122.)

    (305 ILCS 5/12‑4.24) (from Ch. 23, par. 12‑4.24)
    Sec. 12‑4.24. Reports and recommendations.
    Recommend to the Governor and General Assembly the enactment of such legislation as it may deem necessary to improve public aid administration in this State; submit to the Governor and the General Assembly such reports as may be requested or as it may deem necessary; and make such other reports as may be required to supply necessary information concerning problems and policies relating to the administration of the public aid programs.
(Source: Laws 1967, p. 122.)

    (305 ILCS 5/12‑4.24a) (from Ch. 23, par. 12‑4.24a)
    Sec. 12‑4.24a. Report and recommendations concerning designated shortage area. The Illinois Department shall analyze payments made to providers of medical services under Article V of this Code to determine whether any special compensatory standard should be applied to payments to such providers in designated shortage areas as defined in Section 3.04 of the Family Practice Residency Act, as now or hereafter amended. The Illinois Department shall, not later than June 30, 1990, report to the Governor and the General Assembly concerning the results of its analysis, and may provide by rule for adjustments in its payment rates to medical service providers in such areas.
(Source: P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑4.25)(from Ch. 23, par. 12‑4.25)
    Sec. 12‑4.25. Medical assistance program; vendor participation.
    (A) The Illinois Department may deny, suspend or terminate the eligibility of any person, firm, corporation, association, agency, institution or other legal entity to participate as a vendor of goods or services to recipients under the medical assistance program under Article V, if after reasonable notice and opportunity for a hearing the Illinois Department finds:
        (a) Such vendor is not complying with the
    
Department's policy or rules and regulations, or with the terms and conditions prescribed by the Illinois Department in its vendor agreement, which document shall be developed by the Department as a result of negotiations with each vendor category, including physicians, hospitals, long term care facilities, pharmacists, optometrists, podiatrists and dentists setting forth the terms and conditions applicable to the participation of each vendor group in the program; or
        (b) Such vendor has failed to keep or make available
    
for inspection, audit or copying, after receiving a written request from the Illinois Department, such records regarding payments claimed for providing services. This section does not require vendors to make available patient records of patients for whom services are not reimbursed under this Code; or
        (c) Such vendor has failed to furnish any
    
information requested by the Department regarding payments for providing goods or services; or
        (d) Such vendor has knowingly made, or caused to be
    
made, any false statement or representation of a material fact in connection with the administration of the medical assistance program; or
        (e) Such vendor has furnished goods or services to a
    
recipient which are (1) in excess of his or her needs, (2) harmful to the recipient, or (3) of grossly inferior quality, all of such determinations to be based upon competent medical judgment and evaluations; or
        (f) The vendor; a person with management
    
responsibility for a vendor; an officer or person owning, either directly or indirectly, 5% or more of the shares of stock or other evidences of ownership in a corporate vendor; an owner of a sole proprietorship which is a vendor; or a partner in a partnership which is a vendor, either:
            (1) was previously terminated from participation
        
in the Illinois medical assistance program, or was terminated from participation in a medical assistance program in another state that is of the same kind as the program of medical assistance provided under Article V of this Code; or
            (2) was a person with management responsibility
        
for a vendor previously terminated from participation in the Illinois medical assistance program, or terminated from participation in a medical assistance program in another state that is of the same kind as the program of medical assistance provided under Article V of this Code, during the time of conduct which was the basis for that vendor's termination; or
            (3) was an officer, or person owning, either
        
directly or indirectly, 5% or more of the shares of stock or other evidences of ownership in a corporate vendor previously terminated from participation in the Illinois medical assistance program, or terminated from participation in a medical assistance program in another state that is of the same kind as the program of medical assistance provided under Article V of this Code, during the time of conduct which was the basis for that vendor's termination; or
            (4) was an owner of a sole proprietorship or
        
partner of a partnership previously terminated from participation in the Illinois medical assistance program, or terminated from participation in a medical assistance program in another state that is of the same kind as the program of medical assistance provided under Article V of this Code, during the time of conduct which was the basis for that vendor's termination; or
        (g) The vendor; a person with management
    
responsibility for a vendor; an officer or person owning, either directly or indirectly, 5% or more of the shares of stock or other evidences of ownership in a corporate vendor; an owner of a sole proprietorship which is a vendor; or a partner in a partnership which is a vendor, either:
            (1) has engaged in practices prohibited by
        
applicable federal or State law or regulation relating to the medical assistance program; or
            (2) was a person with management responsibility
        
for a vendor at the time that such vendor engaged in practices prohibited by applicable federal or State law or regulation relating to the medical assistance program; or
            (3) was an officer, or person owning, either
        
directly or indirectly, 5% or more of the shares of stock or other evidences of ownership in a vendor at the time such vendor engaged in practices prohibited by applicable federal or State law or regulation relating to the medical assistance program; or
            (4) was an owner of a sole proprietorship or
        
partner of a partnership which was a vendor at the time such vendor engaged in practices prohibited by applicable federal or State law or regulation relating to the medical assistance program; or
        (h) The direct or indirect ownership of the vendor
    
(including the ownership of a vendor that is a sole proprietorship, a partner's interest in a vendor that is a partnership, or ownership of 5% or more of the shares of stock or other evidences of ownership in a corporate vendor) has been transferred by an individual who is terminated or barred from participating as a vendor to the individual's spouse, child, brother, sister, parent, grandparent, grandchild, uncle, aunt, niece, nephew, cousin, or relative by marriage.
    (A‑5) The Illinois Department may deny, suspend, or terminate the eligibility of any person, firm, corporation, association, agency, institution, or other legal entity to participate as a vendor of goods or services to recipients under the medical assistance program under Article V if, after reasonable notice and opportunity for a hearing, the Illinois Department finds that the vendor; a person with management responsibility for a vendor; an officer or person owning, either directly or indirectly, 5% or more of the shares of stock or other evidences of ownership in a corporate vendor; an owner of a sole proprietorship that is a vendor; or a partner in a partnership that is a vendor has been convicted of a felony offense based on fraud or willful misrepresentation related to any of the following:
        (1) The medical assistance program under Article V
    
of this Code.
        (2) A medical assistance program in another state
    
that is of the same kind as the program of medical assistance provided under Article V of this Code.
        (3) The Medicare program under Title XVIII of the
    
Social Security Act.
        (4) The provision of health care services.
    (B) The Illinois Department shall deny, suspend or terminate the eligibility of any person, firm, corporation, association, agency, institution or other legal entity to participate as a vendor of goods or services to recipients under the medical assistance program under Article V:
        (1) if such vendor is not properly licensed;
        (2) within 30 days of the date when such vendor's
    
professional license, certification or other authorization has been refused renewal or has been revoked, suspended or otherwise terminated; or
        (3) if such vendor has been convicted of a violation
    
of this Code, as provided in Article VIIIA.
    (C) Upon termination of a vendor of goods or services from participation in the medical assistance program authorized by this Article, a person with management responsibility for such vendor during the time of any conduct which served as the basis for that vendor's termination is barred from participation in the medical assistance program.
    Upon termination of a corporate vendor, the officers and persons owning, directly or indirectly, 5% or more of the shares of stock or other evidences of ownership in the vendor during the time of any conduct which served as the basis for that vendor's termination are barred from participation in the medical assistance program. A person who owns, directly or indirectly, 5% or more of the shares of stock or other evidences of ownership in a terminated corporate vendor may not transfer his or her ownership interest in that vendor to his or her spouse, child, brother, sister, parent, grandparent, grandchild, uncle, aunt, niece, nephew, cousin, or relative by marriage.
    Upon termination of a sole proprietorship or partnership, the owner or partners during the time of any conduct which served as the basis for that vendor's termination are barred from participation in the medical assistance program. The owner of a terminated vendor that is a sole proprietorship, and a partner in a terminated vendor that is a partnership, may not transfer his or her ownership or partnership interest in that vendor to his or her spouse, child, brother, sister, parent, grandparent, grandchild, uncle, aunt, niece, nephew, cousin, or relative by marriage.
    Rules adopted by the Illinois Department to implement these provisions shall specifically include a definition of the term "management responsibility" as used in this Section. Such definition shall include, but not be limited to, typical job titles, and duties and descriptions which will be considered as within the definition of individuals with management responsibility for a provider.
    (D) If a vendor has been suspended from the medical assistance program under Article V of the Code, the Director may require that such vendor correct any deficiencies which served as the basis for the suspension. The Director shall specify in the suspension order a specific period of time, which shall not exceed one year from the date of the order, during which a suspended vendor shall not be eligible to participate. At the conclusion of the period of suspension the Director shall reinstate such vendor, unless he finds that such vendor has not corrected deficiencies upon which the suspension was based.
    If a vendor has been terminated from the medical assistance program under Article V, such vendor shall be barred from participation for at least one year, except that if a vendor has been terminated based on a conviction of a violation of Article VIIIA or a conviction of a felony based on fraud or a willful misrepresentation related to (i) the medical assistance program under Article V, (ii) a medical assistance program in another state that is of the kind provided under Article V, (iii) the Medicare program under Title XVIII of the Social Security Act, or (iv) the provision of health care services, then the vendor shall be barred from participation for 5 years or for the length of the vendor's sentence for that conviction, whichever is longer. At the end of one year a vendor who has been terminated may apply for reinstatement to the program. Upon proper application to be reinstated such vendor may be deemed eligible by the Director providing that such vendor meets the requirements for eligibility under this Code. If such vendor is deemed not eligible for reinstatement, he shall be barred from again applying for reinstatement for one year from the date his application for reinstatement is denied.
    A vendor whose termination from participation in the Illinois medical assistance program under Article V was based solely on an action by a governmental entity other than the Illinois Department may, upon reinstatement by that governmental entity or upon reversal of the termination, apply for rescission of the termination from participation in the Illinois medical assistance program. Upon proper application for rescission, the vendor may be deemed eligible by the Director if the vendor meets the requirements for eligibility under this Code.
    If a vendor has been terminated and reinstated to the medical assistance program under Article V and the vendor is terminated a second or subsequent time from the medical assistance program, the vendor shall be barred from participation for at least 2 years, except that if a vendor has been terminated a second time based on a conviction of a violation of Article VIIIA or a conviction of a felony based on fraud or a willful misrepresentation related to (i) the medical assistance program under Article V, (ii) a medical assistance program in another state that is of the kind provided under Article V, (iii) the Medicare program under Title XVIII of the Social Security Act, or (iv) the provision of health care services, then the vendor shall be barred from participation for life. At the end of 2 years, a vendor who has been terminated may apply for reinstatement to the program. Upon application to be reinstated, the vendor may be deemed eligible if the vendor meets the requirements for eligibility under this Code. If the vendor is deemed not eligible for reinstatement, the vendor shall be barred from again applying for reinstatement for 2 years from the date the vendor's application for reinstatement is denied.
    (E) The Illinois Department may recover money improperly or erroneously paid, or overpayments, either by setoff, crediting against future billings or by requiring direct repayment to the Illinois Department.
    If the Department of Public Aid establishes through an administrative hearing that the overpayments resulted from the vendor or alternate payee willfully making, or causing to be made, a false statement or misrepresentation of a material fact in connection with billings and payments under the medical assistance program under Article V, the Department may recover interest on the amount of the overpayments at the rate of 5% per annum. For purposes of this paragraph, "willfully" means that a person makes a statement or representation with actual knowledge that it was false, or makes a statement or representation with knowledge of facts or information that would cause one to be aware that the statement or representation was false when made.
    (F) The Illinois Department may withhold payments to any vendor or alternate payee during the pendency of any proceeding under this Section. The Illinois Department shall state by rule with as much specificity as practicable the conditions under which payments will not be withheld during the pendency of any proceeding under this Section. Payments may be denied for bills submitted with service dates occurring during the pendency of a proceeding where the final administrative decision is to terminate eligibility to participate in the medical assistance program. The Illinois Department shall state by rule with as much specificity as practicable the conditions under which payments will not be denied for such bills. The Department of Public Aid shall state by rule a process and criteria by which a vendor or alternate payee may request full or partial release of payments withheld under this subsection. The Department must complete a proceeding under this Section in a timely manner.
    (F‑5) The Illinois Department may temporarily withhold payments to a vendor or alternate payee if any of the following individuals have been indicted or otherwise charged under a law of the United States or this or any other state with a felony offense that is based on alleged fraud or willful misrepresentation on the part of the individual related to (i) the medical assistance program under Article V of this Code, (ii) a medical assistance program provided in another state which is of the kind provided under Article V of this Code, (iii) the Medicare program under Title XVIII of the Social Security Act, or (iv) the provision of health care services:
        (1) If the vendor or alternate payee is a
    
corporation: an officer of the corporation or an individual who owns, either directly or indirectly, 5% or more of the shares of stock or other evidence of ownership of the corporation.
        (2) If the vendor is a sole proprietorship: the
    
owner of the sole proprietorship.
        (3) If the vendor or alternate payee is a
    
partnership: a partner in the partnership.
        (4) If the vendor or alternate payee is any other
    
business entity authorized by law to transact business in this State: an officer of the entity or an individual who owns, either directly or indirectly, 5% or more of the evidences of ownership of the entity.
    If the Illinois Department withholds payments to a vendor or alternate payee under this subsection, the Department shall not release those payments to the vendor or alternate payee while any criminal proceeding related to the indictment or charge is pending unless the Department determines that there is good cause to release the payments before completion of the proceeding. If the indictment or charge results in the individual's conviction, the Illinois Department shall retain all withheld payments, which shall be considered forfeited to the Department. If the indictment or charge does not result in the individual's conviction, the Illinois Department shall release to the vendor or alternate payee all withheld payments.
    (G) The provisions of the Administrative Review Law, as now or hereafter amended, and the rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial review of final administrative decisions of the Illinois Department under this Section. The term "administrative decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
    (G‑5) Non‑emergency transportation.
        (1) Notwithstanding any other provision in this
    
Section, for non‑emergency transportation vendors, the Department may terminate the vendor from participation in the medical assistance program prior to an evidentiary hearing but after reasonable notice and opportunity to respond as established by the Department by rule.
        (2) Vendors of non‑emergency medical transportation
    
services, as defined by the Department by rule, shall submit to a fingerprint‑based criminal background check on current and future information available in the State system and current information available through the Federal Bureau of Investigation's system by submitting all necessary fees and information in the form and manner prescribed by the Department of State Police. The following individuals shall be subject to the check:
            (A) In the case of a vendor that is a
        
corporation, every shareholder who owns, directly or indirectly, 5% or more of the outstanding shares of the corporation.
            (B) In the case of a vendor that is a
        
partnership, every partner.
            (C) In the case of a vendor that is a sole
        
proprietorship, the sole proprietor.
            (D) Each officer or manager of the vendor.
        Each such vendor shall be responsible for payment of
    
the cost of the criminal background check.
        (3) Vendors of non‑emergency medical transportation
    
services may be required to post a surety bond. The Department shall establish, by rule, the criteria and requirements for determining when a surety bond must be posted and the value of the bond.
        (4) The Department, or its agents, may refuse to
    
accept requests for non‑emergency transportation authorizations, including prior‑approval and post‑approval requests, for a specific non‑emergency transportation vendor if:
            (A) the Department has initiated a notice of
        
termination of the vendor from participation in the medical assistance program; or
            (B) the Department has issued notification of
        
its withholding of payments pursuant to subsection (F‑5) of this Section; or
            (C) the Department has issued a notification of
        
its withholding of payments due to reliable evidence of fraud or willful misrepresentation pending investigation.
    (H) Nothing contained in this Code shall in any way limit or otherwise impair the authority or power of any State agency responsible for licensing of vendors.
    (I) Based on a finding of noncompliance on the part of a nursing home with any requirement for certification under Title XVIII or XIX of the Social Security Act (42 U.S.C. Sec. 1395 et seq. or 42 U.S.C. Sec. 1396 et seq.), the Illinois Department may impose one or more of the following remedies after notice to the facility:
        (1) Termination of the provider agreement.
        (2) Temporary management.
        (3) Denial of payment for new admissions.
        (4) Civil money penalties.
        (5) Closure of the facility in emergency situations
    
or transfer of residents, or both.
        (6) State monitoring.
        (7) Denial of all payments when the Health Care
    
Finance Administration has imposed this sanction.
    The Illinois Department shall by rule establish criteria governing continued payments to a nursing facility subsequent to termination of the facility's provider agreement if, in the sole discretion of the Illinois Department, circumstances affecting the health, safety, and welfare of the facility's residents require those continued payments. The Illinois Department may condition those continued payments on the appointment of temporary management, sale of the facility to new owners or operators, or other arrangements that the Illinois Department determines best serve the needs of the facility's residents.
    Except in the case of a facility that has a right to a hearing on the finding of noncompliance before an agency of the federal government, a facility may request a hearing before a State agency on any finding of noncompliance within 60 days after the notice of the intent to impose a remedy. Except in the case of civil money penalties, a request for a hearing shall not delay imposition of the penalty. The choice of remedies is not appealable at a hearing. The level of noncompliance may be challenged only in the case of a civil money penalty. The Illinois Department shall provide by rule for the State agency that will conduct the evidentiary hearings.
    The Illinois Department may collect interest on unpaid civil money penalties.
    The Illinois Department may adopt all rules necessary to implement this subsection (I).
    (J) The Illinois Department, by rule, may permit individual practitioners to designate that Department payments that may be due the practitioner be made to an alternate payee or alternate payees.
        (a) Such alternate payee or alternate payees shall be
    
required to register as an alternate payee in the Medical Assistance Program with the Illinois Department.
        (b) If a practitioner designates an alternate payee,
    
the alternate payee and practitioner shall be jointly and severally liable to the Department for payments made to the alternate payee. Pursuant to subsection (E) of this Section, any Department action to recover money or overpayments from an alternate payee shall be subject to an administrative hearing.
        (c) Registration as an alternate payee or alternate
    
payees in the Illinois Medical Assistance Program shall be conditional. At any time, the Illinois Department may deny or cancel any alternate payee's registration in the Illinois Medical Assistance Program without cause. Any such denial or cancellation is not subject to an administrative hearing.
        (d) The Illinois Department may seek a revocation of
    
any alternate payee, and all owners, officers, and individuals with management responsibility for such alternate payee shall be permanently prohibited from participating as an owner, an officer, or an individual with management responsibility with an alternate payee in the Illinois Medical Assistance Program, if after reasonable notice and opportunity for a hearing the Illinois Department finds that:
            (1) the alternate payee is not complying with the
        
Department's policy or rules and regulations, or with the terms and conditions prescribed by the Illinois Department in its alternate payee registration agreement; or
            (2) the alternate payee has failed to keep or
        
make available for inspection, audit, or copying, after receiving a written request from the Illinois Department, such records regarding payments claimed as an alternate payee; or
            (3) the alternate payee has failed to furnish any
        
information requested by the Illinois Department regarding payments claimed as an alternate payee; or
            (4) the alternate payee has knowingly made, or
        
caused to be made, any false statement or representation of a material fact in connection with the administration of the Illinois Medical Assistance Program; or
            (5) the alternate payee, a person with management
        
responsibility for an alternate payee, an officer or person owning, either directly or indirectly, 5% or more of the shares of stock or other evidences of ownership in a corporate alternate payee, or a partner in a partnership which is an alternate payee:
                (a) was previously terminated from
            
participation as a vendor in the Illinois Medical Assistance Program, or was previously revoked as an alternate payee in the Illinois Medical Assistance Program, or was terminated from participation as a vendor in a medical assistance program in another state that is of the same kind as the program of medical assistance provided under Article V of this Code; or
                (b) was a person with management
            
responsibility for a vendor previously terminated from participation as a vendor in the Illinois Medical Assistance Program, or was previously revoked as an alternate payee in the Illinois Medical Assistance Program, or was terminated from participation as a vendor in a medical assistance program in another state that is of the same kind as the program of medical assistance provided under Article V of this Code, during the time of conduct which was the basis for that vendor's termination or alternate payee's revocation; or
                (c) was an officer, or person owning, either
            
directly or indirectly, 5% or more of the shares of stock or other evidences of ownership in a corporate vendor previously terminated from participation as a vendor in the Illinois Medical Assistance Program, or was previously revoked as an alternate payee in the Illinois Medical Assistance Program, or was terminated from participation as a vendor in a medical assistance program in another state that is of the same kind as the program of medical assistance provided under Article V of this Code, during the time of conduct which was the basis for that vendor's termination; or
                (d) was an owner of a sole proprietorship or
            
partner in a partnership previously terminated from participation as a vendor in the Illinois Medical Assistance Program, or was previously revoked as an alternate payee in the Illinois Medical Assistance Program, or was terminated from participation as a vendor in a medical assistance program in another state that is of the same kind as the program of medical assistance provided under Article V of this Code, during the time of conduct which was the basis for that vendor's termination or alternate payee's revocation; or
            (6) the alternate payee, a person with management
        
responsibility for an alternate payee, an officer or person owning, either directly or indirectly, 5% or more of the shares of stock or other evidences of ownership in a corporate alternate payee, or a partner in a partnership which is an alternate payee:
                (a) has engaged in conduct prohibited by
            
applicable federal or State law or regulation relating to the Illinois Medical Assistance Program; or
                (b) was a person with management
            
responsibility for a vendor or alternate payee at the time that the vendor or alternate payee engaged in practices prohibited by applicable federal or State law or regulation relating to the Illinois Medical Assistance Program; or
                (c) was an officer, or person owning, either
            
directly or indirectly, 5% or more of the shares of stock or other evidences of ownership in a vendor or alternate payee at the time such vendor or alternate payee engaged in practices prohibited by applicable federal or State law or regulation relating to the Illinois Medical Assistance Program; or
                (d) was an owner of a sole proprietorship or
            
partner in a partnership which was a vendor or alternate payee at the time such vendor or alternate payee engaged in practices prohibited by applicable federal or State law or regulation relating to the Illinois Medical Assistance Program; or
            (7) the direct or indirect ownership of the
        
vendor or alternate payee (including the ownership of a vendor or alternate payee that is a partner's interest in a vendor or alternate payee, or ownership of 5% or more of the shares of stock or other evidences of ownership in a corporate vendor or alternate payee) has been transferred by an individual who is terminated or barred from participating as a vendor or is prohibited or revoked as an alternate payee to the individual's spouse, child, brother, sister, parent, grandparent, grandchild, uncle, aunt, niece, nephew, cousin, or relative by marriage.
(Source: P.A. 94‑265, eff. 1‑1‑06.)

    (305 ILCS 5/12‑4.25a) (from Ch. 23, par. 12‑4.25a)
    Sec. 12‑4.25a. Any vendor of physician services who shall be the subject of a medical quality review by the Illinois Department shall have the right to consult with another physician or physicians to assist in understanding the procedures and interpretations of the Illinois Department and to assist in interpreting, as an experienced or expert consultant or witness, the quality of care, its relation to a prevailing standard of care, and standards of documentation of the Illinois Department. The consulting physician or physicians may be present at the review meeting where the provider is present. The assistance offered by the consulting physician or physicians shall respect the confidentiality of recipient patient relations with the treating physician in relation to consultation on treatment matters. Nothing in this subsection shall be deemed to waive the requirements of the Medical Patient Rights Act as it relates to patient privacy and confidentiality.
(Source: P.A. 87‑399.)

    (305 ILCS 5/12‑4.25b) (from Ch. 23, par. 12‑4.25b)
    Sec. 12‑4.25b. A vendor of physician services who is the subject of medical quality review by the Illinois Department shall have the right to record that portion of any Medical Quality Review Committee meeting or hearing with the Illinois Department, at which the vendor is present and participates. The recording shall be privileged and confidential and shall not be disclosed, except however if the Illinois Department initiates action to deny, suspend or terminate the vendor's participation in the Medicaid program, the recording may be disclosed to an attorney or physician consultant to prepare a defense.
(Source: P.A. 87‑399.)

    (305 ILCS 5/12‑4.25c) (from Ch. 23, par. 12‑4.25c)
    Sec. 12‑4.25c. Where a medical provider's medical practices are under review by the Illinois Department and the provider is board certified in a specialty by a nationally recognized specialty board and practicing in the specialty, the Illinois Department should attempt to utilize a medical practitioner with like qualifications to assist in reviewing the medical practices of the provider under review in the areas of practice within the specialty.
(Source: P.A. 87‑399.)

    (305 ILCS 5/12‑4.26) (from Ch. 23, par. 12‑4.26)
    Sec. 12‑4.26. Scope of Application.) The Illinois Department may terminate or suspend a vendor pursuant to the authority and powers conferred in Section 12‑4.25, only subsequent to the effective date of this amendatory Act. However the authority and powers are expressly declared to be retroactive to the extent that conduct and activities of vendors engaged in prior to the effective date of this amendatory Act may be relied upon as the basis for terminating or suspending eligibility to participate in the Medical Assistance Program, where the vendor had actual or constructive knowledge of the requirements which applied to his conduct or activities.
(Source: P.A. 80‑2nd SS‑2.)

    (305 ILCS 5/12‑4.27) (from Ch. 23, par. 12‑4.27)
    Sec. 12‑4.27. Factual Determinations.) Factual determinations made by the Department in administrative hearings initiated prior to the effective date of this amendatory Act and which involve issues of fact relating to activities which constitute grounds for termination pursuant to this amendatory Act, shall be reviewed by the Director and may be used as grounds for approval or denial of applications to participate, for termination of eligibility, or for recovery of money, without conducting a new administrative proceeding.
(Source: P.A. 80‑2nd SS‑2.)

    (305 ILCS 5/12‑4.28) (from Ch. 23, par. 12‑4.28)
    Sec. 12‑4.28. (Repealed).
(Source: P.A. 83‑1362. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑4.29) (from Ch. 23, par. 12‑4.29)
    Sec. 12‑4.29. Youth employability and career development programs. The Illinois Department may establish and administer community‑based programs providing comprehensive, long‑term intervention strategies to increase future employability and career development among high risk youth, as required by "An Act in relation to the provision of assistance to certain persons, amending Acts named therein", certified December 2, 1987. The Illinois Department may contract with private nonprofit organizations or units of local government to administer and deliver services pursuant to the above‑named Act.
(Source: P.A. 85‑1209.)

    (305 ILCS 5/12‑4.30) (from Ch. 23, par. 12‑4.30)
    Sec. 12‑4.30. Demonstration programs. Establish demonstration programs, authorized by federal law and pursuant to State regulations. Such demonstration programs may include, but shall not be limited to: cashing out welfare benefits such as, but not limited to, food stamps, energy assistance payments and medical benefits; providing medical benefits through the purchase of health insurance; and capping grant amounts at certain levels regardless of the number of persons in the case. Such demonstration programs may be limited to particular geographic areas.
(Source: P.A. 93‑632, eff. 2‑1‑04.)

    (305 ILCS 5/12‑4.31)
    Sec. 12‑4.31. (Repealed).
(Source: P.A. 90‑655, eff. 7‑30‑98. Repealed by P.A. 90‑790, eff. 8‑14‑98.)

    (305 ILCS 5/12‑4.32)
    Sec. 12‑4.32. (Repealed).
(Source: P.A. 90‑9, eff. 7‑1‑97. Repealed by P.A. 90‑564, eff. 12‑22‑97.)

    (305 ILCS 5/12‑4.33)
    Sec. 12‑4.33. Welfare reform research and accountability.
    (a) The Illinois Department shall collect and report upon all data in connection with federally funded or assisted welfare programs as federal law may require, including, but not limited to, Section 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and its implementing regulations and any amendments thereto as may from time to time be enacted.
    (b) In addition to and on the same schedule as the data collection required by federal law and subsection (a), the Department shall collect and report on further information with respect to the Temporary Assistance for Needy Families ("TANF") program, as follows:
        (1) With respect to denials of applications for
    
benefits, all of the same information about the family required under the federal law, plus the specific reason or reasons for denial of the application.
        (2) With respect to all terminations of benefits,
    
all of the same information as required under the federal law, plus the specific reason or reasons for the termination.
    (c) The Department shall collect all of the same data as set forth in subsections (a) and (b), and report it on the same schedule, with respect to all cash assistance benefits provided to families that are not funded from the TANF program federal block grant or are not otherwise required to be included in the data collection and reporting in subsections (a) and (b).
    (d) Whether or not reports under this Section must be submitted to the federal government, they shall be considered public and they shall be promptly made available to the public at the end of each fiscal year, free of charge upon request. The data underlying the reports shall be made available to academic institutions and public policy organizations involved in the study of welfare issues or programs and redacted to conform with applicable privacy laws. The cost shall be no more than that incurred by the Department in assembling and delivering the data.
    (e) The Department shall, in addition to the foregoing data collection and reporting activities, seek a university to conduct, at no cost to the Department, a longitudinal study of the implementation of TANF and related welfare reforms. The study shall select subgroups representing important sectors of the assistance population, including type of area of residence (city, suburban, small town, rural), English proficiency, level of education, literacy, work experience, number of adults in the home, number of children in the home, teen parentage, parents before and after the age of 18, and other such subgroups. For each subgroup, the study shall assemble a statistically valid sample of cases entering the TANF program at least 6 months after its implementation date and prior to July 1, 1998. The study shall continue until December 31, 2004. The Department shall report to the General Assembly and the Governor by March 1 of each year, beginning March 1, 1999, the interim findings of the study with respect to each subgroup, and by March 1, 2005, the final findings with respect to each subgroup. The reports shall be available to the public upon request. No later than November 1, 1997, the Department, in consultation with an advisory panel of specialists in welfare policy, social science, and other relevant fields shall devise the study and identify the factors to be studied. The study shall, however, at least include the following features:
        (1) Demographic breakdowns including, but not
    
limited to, race, gender, and number of children in the household at the beginning of Department services.
        (2) The Department shall obtain permission to
    
conduct the study from the subjects of the study and guarantee their privacy according to the privacy laws. To facilitate this permission, the study may be designed to refer to subjects by pseudonyms or codes and shall in any event guarantee anonymity to the subjects without limiting access by outsiders to the data (other than identities) generated by the study.
        (3) The subjects of the study shall be followed
    
after denial or termination of assistance, to the extent feasible. The evaluator shall attempt to maintain personal contact with the subjects of the study, and employ such methods as meetings, telephone contacts, written surveys, and computer matches with other data bases to accomplish this purpose. The intent of this feature of the study is to discover the paths people take after leaving welfare and the patterns of return to welfare, including the factors that may influence these paths and patterns.
        (4) The study shall examine the influence of various
    
employability, education, and training programs upon employment, earnings, job tenure, and cycling between welfare and work.
        (5) The study shall examine the influence of various
    
supportive services such as child care (including type and cost), transportation, and payment of initial employment expenses upon employment, earnings, job tenure, and cycling between welfare and work.
        (6) The study shall examine the frequency of
    
unplanned occurrences in subjects' lives, such as illness or injury, family member's illness or injury, car breakdown, strikes, natural disasters, evictions, loss of other sources of income, domestic violence, and crime, and their impact upon employment, earnings, job tenure, and cycling between welfare and work.
        (7) The study shall examine the wages and other
    
compensation, including health benefits and what they cost the employee, received by subjects who obtain employment, the type and characteristics of jobs, the hours and time of day of work, union status, and the relationships of such factors to earnings, job tenure, and cycling between welfare and work.
        (8) The study shall examine the reasons for
    
subjects' job loss, the availability of Unemployment Insurance, the reasons for a subject's return to welfare, programs or services utilized by subjects in the search for another job, the characteristics of the subjects' next job, and the relationships of these factors to re‑employment, earnings, job tenure on the new job, and cycling between welfare and work.
        (9) The study shall examine the impact of mandatory
    
work requirements, including the types of work activities to which the subjects were assigned, and the links between the requirements and the activities and sanctions, employment, earnings, job tenure, and cycling between welfare and work.
        (10) The study shall identify all sources and
    
amounts of reported household non‑wage income and examine the influence of the sources and amounts of non‑wage non‑welfare income on employment, earnings, job tenure, and cycling between welfare and work.
        (11) The study shall examine sanctions, including
    
child support enforcement and paternity establishment sanctions, the reasons sanctions are threatened, the number threatened, the number imposed, and the reasons sanctions are not imposed or are ended, such as cooperation achieved or good cause established.
        (12) The study shall track the subjects' usage of
    
TANF benefits over the course of the lifetime 60‑month limit of TANF eligibility, including patterns of usage, relationships between consecutive usage of large numbers of months and other factors, status of all study subjects with respect to the time limit as of each report, characteristics of subjects exhausting the eligibility limit, types of exceptions granted to the 60‑month limit, and numbers of cases within each type of exception.
        (13) The study shall track subjects' participation
    
in other public systems, including the public schools, the child welfare system, the criminal justice system, homeless and food services, and others and attempt to identify the positive or negative ripple effects in these systems of welfare policies, systems, and procedures.
    (f) The Department shall cooperate in any appropriate study by an independent expert of the impact upon Illinois resident non‑citizens of the denial or termination of assistance under the Supplemental Security Income, Food Stamps, TANF, Medicaid, and Title XX social services programs pursuant to the changes enacted in the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The purpose of such a study must be to examine the immediate and long‑term effects on this population and on the State of the denial or termination of these forms of assistance, including the impact on the individuals, the alternate means they find to obtain support and care, and the impact on state and local spending and human services delivery systems. An appropriate study shall select a statistically valid sample of persons denied or terminated from each type of benefits and attempt to track them until December 31, 2000. Any reports from the study received by the Department shall be made available to the General Assembly and the Governor upon request, and a final report shall be submitted upon completion. These reports shall be available to the public upon request.
(Source: P.A. 90‑74, eff. 7‑8‑97.)

    (305 ILCS 5/12‑4.34)
    Sec. 12‑4.34. Services to noncitizens.
    (a) Subject to specific appropriation for this purpose and notwithstanding Sections 1‑11 and 3‑1 of this Code, the Department of Human Services is authorized to provide services to legal immigrants, including but not limited to naturalization and nutrition services and financial assistance. The nature of these services, payment levels, and eligibility conditions shall be determined by rule.
    (b) The Illinois Department is authorized to lower the payment levels established under this subsection or take such other actions during the fiscal year as are necessary to ensure that payments under this subsection do not exceed the amounts appropriated for this purpose. These changes may be accomplished by emergency rule under Section 5‑45 of the Illinois Administrative Procedure Act, except that the limitation on the number of emergency rules that may be adopted in a 24‑month period shall not apply.
(Source: P.A. 91‑24, eff. 7‑1‑99; 91‑712, eff. 7‑1‑00; 92‑10, eff. 6‑11‑01; 92‑597, eff. 6‑28‑02.)

    (305 ILCS 5/12‑4.35)
    Sec. 12‑4.35. Medical services for certain noncitizens.
    (a) Notwithstanding Section 1‑11 of this Code or Section 20(a) of the Children's Health Insurance Program Act, the Department of Public Aid may provide medical services to noncitizens who have not yet attained 19 years of age and who are not eligible for medical assistance under Article V of this Code or under the Children's Health Insurance Program created by the Children's Health Insurance Program Act due to their not meeting the otherwise applicable provisions of Section 1‑11 of this Code or Section 20(a) of the Children's Health Insurance Program Act. The medical services available, standards for eligibility, and other conditions of participation under this Section shall be established by rule by the Department; however, any such rule shall be at least as restrictive as the rules for medical assistance under Article V of this Code or the Children's Health Insurance Program created by the Children's Health Insurance Program Act.
    (b) The Department is authorized to take any action, including without limitation cessation of enrollment, reduction of available medical services, and changing standards for eligibility, that is deemed necessary by the Department during a State fiscal year to assure that payments under this Section do not exceed available funds.
    (c) Continued enrollment of individuals into the program created under this Section in any fiscal year is contingent upon continued enrollment of individuals into the Children's Health Insurance Program during that fiscal year.
    (d) (Blank).
(Source: P.A. 94‑48, eff. 7‑1‑05.)

    (305 ILCS 5/12‑4.36)
    Sec. 12‑4.36. Pilot program for persons who are medically fragile and technology‑dependent.
    (a) Subject to appropriations for the first fiscal year of the pilot program beginning July 1, 2006, the Department of Human Services, in cooperation with the Department of Healthcare and Family Services, shall adopt rules to initiate a 3‑year pilot program to (i) test a standardized assessment tool for persons who are medically fragile and technology‑dependent who may be provided home and community‑based services to meet their medical needs rather than be provided care in an institution not solely because of a severe mental or developmental impairment and (ii) provide appropriate home and community‑based medical services for such persons as provided in subsection (c) of this Section. The Department of Human Services may administer the pilot program until June 30, 2009 if the General Assembly annually appropriates funds for this purpose.
    (b) Notwithstanding any other provisions of this Code, the rules implementing the pilot program shall provide for criteria, standards, procedures, and reimbursement for services that are not otherwise being provided in scope, duration, or amount through any other program administered by any Department of Human Services or any other agency of the State for these medically fragile, technology‑dependent persons. At a minimum, the rules shall include the following:
        (1) A requirement that a pilot program participant be
    
eligible for medical assistance under this Code, a citizen of the United States, or an individual who is lawfully residing permanently in the United States, and a resident of Illinois.
        (2) A requirement that a standardized assessment for
    
medically fragile, technology‑dependent persons will establish the level of care and the service‑cost maximums.
        (3) A requirement for a determination by a physician
    
licensed to practice medicine in all its branches (i) that, except for the provision of home and community‑based care, these individuals would require the level of care provided in an institutional setting and (ii) that the necessary level of care can be provided safely in the home and community through the provision of medical support services.
        (4) A requirement that the services provided be
    
medically necessary and appropriate for the level of functioning of the persons who are participating in the pilot program.
        (5) Provisions for care coordination and family
    
support services that will enable the person to receive services in the most integrated setting possible appropriate to his or her medical condition and level of functioning.
        (6) The frequency of assessment and plan‑of‑care
    
reviews.
        (7) The family or guardian's active participation as
    
care givers in meeting the individual's medical needs.
        (8) The estimated cost to the State for in‑home care,
    
as compared to the institutional level of care appropriate to the individual's medical needs, may not exceed 100% of the institutional care as indicated by the standardized assessment tool.
        (9) When determining the hours of medically necessary
    
support services needed to maintain the individual at home, consideration shall be given to the availability of other services, including direct care provided by the individual's family or guardian that can reasonably be expected to meet the medical needs of the individual.
    (c) During the pilot program, an individual who has received services pursuant to paragraph 7 of Section 5‑2 of this Code, but who no longer receive such services because he or she has reached the age of 21, may be provided additional services pursuant to rule if the Department of Human Services, Division of Rehabilitation Services, determines from completion of the assessment tool for that individual that the exceptional care rate established by the Department of Healthcare and Family Services under Section 5‑5.8a of this Code is not sufficient to cover the medical needs of the individual under the home and community‑based services (HCBS) waivers for persons with disabilities.
    (d) The Department of Human Services is authorized to lower the payment levels established under this Section or take such other actions, including, without limitation, cessation of enrollment, reduction of available medical services, and changing standards for eligibility, that are deemed necessary by the Department during a State fiscal year to ensure that payments under this Section do not exceed available funds. These changes may be accomplished by emergency rulemaking under Section 5‑45 of the Illinois Administrative Procedure Act, except that the limitation on the number of emergency rules that may be adopted in a 24‑month period shall not apply.
    (e) The Department of Human Services must make an annual report to the Governor and the General Assembly with respect to the persons eligible for medical assistance under this pilot program. The report must cover the State fiscal year ending on June 30 of the preceding year. The first report is due by January 1, 2008. The report must include the following information for the fiscal year covered by the report:
        (1) The number of persons who were evaluated through
    
the assessment tool under this pilot program.
        (2) The number of persons who received services not
    
available under the home and community‑based services (HCBS) waivers for persons with disabilities under this pilot program.
        (3) The number of persons whose services were reduced
    
under this pilot program.
        (4) The nature, scope, and cost of services provided
    
under this pilot program.
        (5) The comparative costs of providing those services
    
in other institutions.
        (6) The Department's progress in establishing an
    
objective, standardized assessment tool for the HCBS waiver that assesses the medical needs of medically fragile, technology‑dependent adults.
        (7) Recommendations for the funding needed to expand
    
this pilot program to all medically fragile, technology‑dependent individuals in HCBS waivers.
(Source: P.A. 94‑838, eff. 6‑6‑06.)

    (305 ILCS 5/12‑4.101)
    Sec. 12‑4.101. (Repealed).
(Source: P.A. 90‑655, eff. 7‑30‑98. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑4.102)
    Sec. 12‑4.102. (Repealed).
(Source: P.A. 88‑412. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑4.103)
    Sec. 12‑4.103. Individual Development Accounts. Subject to funding availability, the Illinois Department shall establish a program that allows eligible low‑income individuals to open and maintain Individual Development Accounts for the purpose of enabling the individual to accumulate funds for a qualified purpose. A qualified purpose for establishing an Individual Development Account shall be one or more of the following:
    (1) to pay for postsecondary education expenses if the expenses are paid directly to an eligible educational institution;
    (2) to acquire a principal residence if the individual is buying a home for the first time and if the funds are paid directly to the person to whom the amounts required for the purchase are due; or
    (3) to finance business capitalization expenses if the funds are paid directly into a business capitalization account at a federally insured financial institution and are restricted to use solely for qualified business capitalization expenses.
    An individual may make contributions to his or her Individual Development Account only from earned income as defined in Section 911(d)(2) of the Internal Revenue Code of 1986.
    An Individual Development Account program shall be established in accordance with subsection (h) of Section 404 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. State funds made available for this program and federal funds, to the extent they may be used for this purpose, shall be used (i) to match, dollar for dollar, contributions made by individuals participating in an Individual Development Account program approved by the Illinois Department, (ii) to fund or supplement other funds available for the costs of the administration of an Individual Development Account program by a not‑for‑profit organization, and (iii) for a grant or grants to not‑for‑profit organizations to provide technical assistance and training to other not‑for‑profit organizations in the State that wish to establish an Individual Development Account program consistent with this Section. No Individual Development Account program shall qualify for State funds under this Section unless the administering not‑for‑profit organization verifies that it has secured at least a dollar for dollar match from other sources for contributions made by participating individuals.
    The Illinois Department shall by rule establish qualifications for a not‑for‑profit organization to administer an Individual Development Account program. The Illinois Department shall establish eligibility criteria for individuals seeking to participate in an Individual Development Account program. The Illinois Department shall promulgate rules regarding the administration of Individual Development Account programs by approved not‑for‑profit organizations administering the programs.
    Notwithstanding any other provision of State law, funds in an Individual Development Account, including accrued interest and matching deposits, shall be disregarded for the purpose of determining the eligibility and benefit levels under this Code of the individual establishing the Individual Development Account with respect to any period during which such individual maintains or makes contributions into such an account. Nothing in this Section shall prohibit a not‑for‑profit organization which does not receive State matching funds from administering an approved Individual Development Account under this Section.
(Source: P.A. 90‑783, eff. 8‑14‑98.)

    (305 ILCS 5/12‑4.104)
    Sec. 12‑4.104. Family and Community Development Grant Program.
    (a) Subject to funding availability, a family and community development grant program shall be administered by the Department of Human Services. The program shall be designed to make services available to families who are at risk of long‑term economic dependency and to work with communities to provide economic opportunities. The purpose of the program is to fund, evaluate, and provide recommendations on not less than 8 nor more than 10 projects to move 100 families at risk of long‑term economic dependency to self‑sufficiency through the family and community development program.
    (b) As used in this Section only:
    "Applicant" means a public or private organization that makes application for a grant through the request for proposals process.
    "Council" means the Social Services Advisory Council.
    "Department" means the Department of Human Services.
    "Grant" means an award to fund a project approved by the Department with the advice of the Council.
    "Grantee" means the recipient of a grant approved by the Department.
    (c) The Social Services Advisory Council as established within the Department of Human Services shall, with respect to the family and community development grants administered by the Department, involve a representative of the Human Resource Investment Council in considering proposed projects and monitoring approved projects.
    (d) The Council shall:
        (1) Identify the factors and conditions that place
    
Illinois families at risk of long‑term dependency upon the AFDC program or its successor program. The Council shall seek to use relevant research findings and national and Illinois‑specific data on TANF (formerly AFDC).
        (2) Identify the factors and conditions that place
    
Illinois families at risk of family instability, long‑term economic dependency, and foster care placement.
        (3) Report those findings to the Secretary of Human
    
Services for his or her evaluation.
        (4) Recommend grants to public or private
    
organizations to provide family and community development services to families at risk of long‑term economic dependency.
        (5) In cooperation with the Illinois Community
    
Action Association, use family and community development outcome measures to independently evaluate the effectiveness of demonstration projects.
        (6) Seek the support of an Illinois accredited
    
university to continue research and evaluation responsibilities.
        (7) Seek additional support for the funding of
    
family and community development grants.
        (8) Make recommendations to the Governor, the
    
General Assembly, and the Secretary of Human Services on the effectiveness of family and community development intervention programs in Illinois.
        (9) Evaluate and make recommendations regarding the
    
cost and benefits to the expansion of the services provided under TANF (formerly AFDC) to include tuition for parenting skills programs, family support and counseling services, child development services, job readiness and job skill training, and transportation and child care expenses associated with the programs and services.
    (e) In cooperation with the Illinois Community Action Association, the grantees shall identify families that receive TANF (formerly AFDC) payments that may place families at risk of long‑term economic dependency.
    (f) The Department shall adopt rules for the operation of this program.
(Source: P.A. 90‑783, eff. 8‑14‑98.)

    (305 ILCS 5/12‑4.201)
    Sec. 12‑4.201. (a) Data warehouse concerning medical and related services. The Illinois Department of Public Aid may purchase services and materials associated with the costs of developing and implementing a data warehouse comprised of management and decision making information in regard to the liability associated with, and utilization of, medical and related services, out of moneys available for that purpose.
    (b) The Department of Public Aid shall perform all necessary administrative functions to expand its linearly‑scalable data warehouse to encompass other healthcare data sources at both the Department of Human Services and the Department of Public Health. The Department of Public Aid shall leverage the inherent capabilities of the data warehouse to accomplish this expansion with marginal additional technical administration. The purpose of this expansion is to allow for programmatic review and analysis including the interrelatedness among the various healthcare programs in order to ascertain effectiveness toward, and ultimate impact on, clients. Beginning July 1, 2005, the Department of Public Aid shall supply quarterly reports to the Commission on Government Forecasting and Accountability detailing progress toward this mandate.
(Source: P.A. 94‑267, eff. 7‑19‑05.)

    (305 ILCS 5/12‑4.202)
    Sec. 12‑4.202. (Repealed).
(P.A. 94‑267, eff. 7‑19‑05. Repealed internally, eff. 1‑1‑06.)

    (305 ILCS 5/12‑5)(from Ch. 23, par. 12‑5)
    Sec. 12‑5. Appropriations; uses; federal grants; report to General Assembly. From the sums appropriated by the General Assembly, the Illinois Department shall order for payment by warrant from the State Treasury grants for public aid under Articles III, IV, and V, including grants for funeral and burial expenses, and all costs of administration of the Illinois Department and the County Departments relating thereto. Moneys appropriated to the Illinois Department for public aid under Article VI may be used, with the consent of the Governor, to co‑operate with federal, State, and local agencies in the development of work projects designed to provide suitable employment for persons receiving public aid under Article VI. The Illinois Department, with the consent of the Governor, may be the agent of the State for the receipt and disbursement of federal funds or commodities for public aid purposes under Article VI and for related purposes in which the co‑operation of the Illinois Department is sought by the federal government, and, in connection therewith, may make necessary expenditures from moneys appropriated for public aid under any Article of this Code and for administration. The Illinois Department, with the consent of the Governor, may be the agent of the State for the receipt and disbursement of federal funds pursuant to the Immigration Reform and Control Act of 1986 and may make necessary expenditures from monies appropriated to it for operations, administration, and grants, including payment to the Health Insurance Reserve Fund for group insurance costs at the rate certified by the Department of Central Management Services. All amounts received by the Illinois Department pursuant to the Immigration Reform and Control Act of 1986 shall be deposited in the Immigration Reform and Control Fund. All amounts received into the Immigration Reform and Control Fund as reimbursement for expenditures from the General Revenue Fund shall be transferred to the General Revenue Fund.
    All grants received by the Illinois Department for programs funded by the Federal Social Services Block Grant shall be deposited in the Social Services Block Grant Fund. All funds received into the Social Services Block Grant Fund as reimbursement for expenditures from the General Revenue Fund shall be transferred to the General Revenue Fund. All funds received into the Social Services Block Grant fund for reimbursement for expenditure out of the Local Initiative Fund shall be transferred into the Local Initiative Fund. Any other federal funds received into the Social Services Block Grant Fund shall be transferred to the Special Purposes Trust Fund. All federal funds received by the Illinois Department as reimbursement for Employment and Training Programs for expenditures made by the Illinois Department from grants, gifts, or legacies as provided in Section 12‑4.18 or made by an entity other than the Illinois Department shall be deposited into the Employment and Training Fund, except that federal funds received as reimbursement as a result of the appropriation made for the costs of providing adult education to public assistance recipients under the "Adult Education, Public Assistance Fund" shall be deposited into the General Revenue Fund; provided, however, that all funds, except those that are specified in an interagency agreement between the Illinois Community College Board and the Illinois Department, that are received by the Illinois Department as reimbursement under Title IV‑A of the Social Security Act for expenditures that are made by the Illinois Community College Board or any public community college of this State shall be credited to a special account that the State Treasurer shall establish and maintain within the Employment and Training Fund for the purpose of segregating the reimbursements received for expenditures made by those entities. As reimbursements are deposited into the Employment and Training Fund, the Illinois Department shall certify to the State Comptroller and State Treasurer the amount that is to be credited to the special account established within that Fund as a reimbursement for expenditures under Title IV‑A of the Social Security Act made by the Illinois Community College Board or any of the public community colleges. All amounts credited to the special account established and maintained within the Employment and Training Fund as provided in this Section shall be held for transfer to the TANF Opportunities Fund as provided in subsection (d) of Section 12‑10.3, and shall not be transferred to any other fund or used for any other purpose.
    Eighty percent of the federal financial participation funds received by the Illinois Department under the Title IV‑A Emergency Assistance program as reimbursement for expenditures made from the Illinois Department of Children and Family Services appropriations for the costs of providing services in behalf of Department of Children and Family Services clients shall be deposited into the DCFS Children's Services Fund.
    All federal funds, except those covered by the foregoing 3 paragraphs, received as reimbursement for expenditures from the General Revenue Fund shall be deposited in the General Revenue Fund for administrative and distributive expenditures properly chargeable by federal law or regulation to aid programs established under Articles III through XII and Titles IV, XVI, XIX and XX of the Federal Social Security Act. Any other federal funds received by the Illinois Department under Sections 12‑4.6, 12‑4.18 and 12‑4.19 that are required by Section 12‑10 of this Code to be paid into the Special Purposes Trust Fund shall be deposited into the Special Purposes Trust Fund. Any other federal funds received by the Illinois Department pursuant to the Child Support Enforcement Program established by Title IV‑D of the Social Security Act shall be deposited in the Child Support Enforcement Trust Fund as required under Section 12‑10.2 of this Code. Any other federal funds received by the Illinois Department for medical assistance program expenditures made under Title XIX of the Social Security Act and Article V of this Code that are required by Section 5‑4.21 of this Code to be paid into the Medicaid Developmentally Disabled Provider Participation Fee Trust Fund shall be deposited into the Medicaid Developmentally Disabled Provider Participation Fee Trust Fund. Any other federal funds received by the Illinois Department for medical assistance program expenditures made under Title XIX of the Social Security Act and Article V of this Code that are required by Section 5‑4.31 of this Code to be paid into the Medicaid Long Term Care Provider Participation Fee Trust Fund shall be deposited into the Medicaid Long Term Care Provider Participation Fee Trust Fund. Any other federal funds received by the Illinois Department for hospital inpatient, hospital ambulatory care, and disproportionate share hospital expenditures made under Title XIX of the Social Security Act and Article V of this Code that are required by Section 14‑2 of this Code to be paid into the Hospital Services Trust Fund shall be deposited into the Hospital Services Trust Fund. Any other federal funds received by the Illinois Department for expenditures made under Title XIX of the Social Security Act and Articles V and VI of this Code that are required by Section 15‑2 of this Code to be paid into the County Provider Trust Fund shall be deposited into the County Provider Trust Fund. Any other federal funds received by the Illinois Department for hospital inpatient, hospital ambulatory care, and disproportionate share hospital expenditures made under Title XIX of the Social Security Act and Article V of this Code that are required by Section 5A‑8 of this Code to be paid into the Hospital Provider Fund shall be deposited into the Hospital Provider Fund. Any other federal funds received by the Illinois Department for medical assistance program expenditures made under Title XIX of the Social Security Act and Article V of this Code that are required by Section 5B‑8 of this Code to be paid into the Long‑Term Care Provider Fund shall be deposited into the Long‑Term Care Provider Fund. Any other federal funds received by the Illinois Department for medical assistance program expenditures made under Title XIX of the Social Security Act and Article V of this Code that are required by Section 5C‑7 of this Code to be paid into the Developmentally Disabled Care Provider Fund shall be deposited into the Developmentally Disabled Care Provider Fund. Any other federal funds received by the Illinois Department for trauma center adjustment payments that are required by Section 5‑5.03 of this Code and made under Title XIX of the Social Security Act and Article V of this Code shall be deposited into the Trauma Center Fund. Any other federal funds received by the Illinois Department as reimbursement for expenses for early intervention services paid from the Early Intervention Services Revolving Fund shall be deposited into that Fund.
    The Illinois Department shall report to the General Assembly at the end of each fiscal quarter the amount of all funds received and paid into the Social Service Block Grant Fund and the Local Initiative Fund and the expenditures and transfers of such funds for services, programs and other purposes authorized by law. Such report shall be filed with the Speaker, Minority Leader and Clerk of the House, with the President, Minority Leader and Secretary of the Senate, with the Chairmen of the House and Senate Appropriations Committees, the House Human Resources Committee and the Senate Public Health, Welfare and Corrections Committee, or the successor standing Committees of each as provided by the rules of the House and Senate, respectively, with the Legislative Research Unit and with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act shall be deemed sufficient to comply with this Section.
(Source: P.A. 93‑632, eff. 2‑1‑04; 94‑91, eff. 7‑1‑05.)

    (305 ILCS 5/12‑6) (from Ch. 23, par. 12‑6)
    Sec. 12‑6. (Repealed).
(Source: P.A. 90‑372, eff. 7‑1‑98. Repealed internally, eff. 7‑1‑98.)

    (305 ILCS 5/12‑8) (from Ch. 23, par. 12‑8)
    Sec. 12‑8. Public Assistance Emergency Revolving Fund ‑ Uses. The Public Assistance Emergency Revolving Fund, established by Act approved July 8, 1955 shall be held by the Illinois Department and shall be used for the following purposes:
        1. To provide immediate financial aid to applicants
    
in acute need who have been determined eligible for aid under Articles III, IV, or V.
        2. To provide emergency aid to recipients under said
    
Articles who have failed to receive their grants because of mail box or other thefts, or who are victims of a burnout, eviction, or other circumstances causing privation, in which cases the delays incident to the issuance of grants from appropriations would cause hardship and suffering.
        3. To provide emergency aid for transportation, meals
    
and lodging to applicants who are referred to cities other than where they reside for physical examinations to establish blindness or disability, or to determine the incapacity of the parent of a dependent child.
        4. To provide emergency transportation expense
    
allowances to recipients engaged in vocational training and rehabilitation projects.
        5. To assist public aid applicants in obtaining
    
copies of birth certificates, death certificates, marriage licenses or other similar legal documents which may facilitate the verification of eligibility for public aid under this Code.
        6. To provide immediate payments to current or former
    
recipients of child support enforcement services, or refunds to responsible relatives, for child support made to the Illinois Department under Title IV‑D of the Social Security Act when such recipients of services or responsible relatives are legally entitled to all or part of such child support payments under applicable State or federal law.
        7. To provide payments to individuals or providers of
    
transportation to and from medical care for the benefit of recipients under Articles III, IV, V, and VI.
    Disbursements from the Public Assistance Emergency Revolving Fund shall be made by the Illinois Department.
    Expenditures from the Public Assistance Emergency Revolving Fund shall be for purposes which are properly chargeable to appropriations made to the Illinois Department, or, in the case of payments under subparagraph 6, to the Child Support Enforcement Trust Fund, except that no expenditure shall be made for purposes which are properly chargeable to appropriations for the following objects: personal services; extra help; state contributions to retirement system; state contributions to Social Security; state contributions for employee group insurance; contractual services; travel; commodities; printing; equipment; electronic data processing; operation of auto equipment; telecommunications services; library books; and refunds. The Illinois Department shall reimburse the Public Assistance Emergency Revolving Fund by warrants drawn by the State Comptroller on the appropriation or appropriations which are so chargeable, or, in the case of payments under subparagraph 6, by warrants drawn on the Child Support Enforcement Trust Fund, payable to the Revolving Fund.
(Source: P.A. 92‑111, eff. 1‑1‑02; 92‑590, eff. 7‑1‑02; 93‑632, eff. 2‑1‑04.)

    (305 ILCS 5/12‑8.1)
    Sec. 12‑8.1. State Disbursement Unit Revolving Fund.
    (a) There is created a revolving fund to be known as the State Disbursement Unit Revolving Fund, to be held by the Director of the Illinois Department, outside the State treasury, for the following purposes:
        (1) the deposit of all support payments received by
    
the Illinois Department's State Disbursement Unit;
        (2) the deposit of other funds including, but not
    
limited to, transfers of funds from other accounts attributable to support payments received by the Illinois Department's State Disbursement Unit;
        (3) the deposit of any interest accrued by the
    
revolving fund, which interest shall be available for payment of (i) any amounts considered to be Title IV‑D program income that must be paid to the U.S. Department of Health and Human Services and (ii) any balance remaining after payments made under item (i) of this subsection (3) to the General Revenue Fund; however, the disbursements under this subdivision (3) may not exceed the amount of the interest accrued by the revolving fund;
        (4) the disbursement of such payments to obligees or
    
to the assignees of the obligees in accordance with the provisions of Title IV‑D of the Social Security Act and rules promulgated by the Department, provided that such disbursement is based upon a payment by a payor or obligor deposited into the revolving fund established by this Section; and
        (5) the disbursement of funds to payors or obligors
    
to correct erroneous payments to the Illinois Department's State Disbursement Unit, in an amount not to exceed the erroneous payments.
    (b) (Blank).
(Source: P.A. 92‑44, eff. 7‑1‑01; 93‑20, eff. 6‑20‑03.)

    (305 ILCS 5/12‑9) (from Ch. 23, par. 12‑9)
    Sec. 12‑9. Public Aid Recoveries Trust Fund; uses. The Public Aid Recoveries Trust Fund shall consist of (1) recoveries by the Illinois Department of Public Aid authorized by this Code in respect to applicants or recipients under Articles III, IV, V, and VI, including recoveries made by the Illinois Department of Public Aid from the estates of deceased recipients, (2) recoveries made by the Illinois Department of Public Aid in respect to applicants and recipients under the Children's Health Insurance Program, and (3) federal funds received on behalf of and earned by State universities and local governmental entities for services provided to applicants or recipients covered under this Code. The Fund shall be held as a special fund in the State Treasury.
    Disbursements from this Fund shall be only (1) for the reimbursement of claims collected by the Illinois Department of Public Aid through error or mistake, (2) for payment to persons or agencies designated as payees or co‑payees on any instrument, whether or not negotiable, delivered to the Illinois Department of Public Aid as a recovery under this Section, such payment to be in proportion to the respective interests of the payees in the amount so collected, (3) for payments to the Department of Human Services for collections made by the Illinois Department of Public Aid on behalf of the Department of Human Services under this Code, (4) for payment of administrative expenses incurred in performing the activities authorized under this Code, (5) for payment of fees to persons or agencies in the performance of activities pursuant to the collection of monies owed the State that are collected under this Code, (6) for payments of any amounts which are reimbursable to the federal government which are required to be paid by State warrant by either the State or federal government, and (7) for payments to State universities and local governmental entities of federal funds for services provided to applicants or recipients covered under this Code. Disbursements from this Fund for purposes of items (4) and (5) of this paragraph shall be subject to appropriations from the Fund to the Illinois Department of Public Aid.
    The balance in this Fund on the first day of each calendar quarter, after payment therefrom of any amounts reimbursable to the federal government, and minus the amount reasonably anticipated to be needed to make the disbursements during that quarter authorized by this Section, shall be certified by the Director of the Illinois Department of Public Aid and transferred by the State Comptroller to the Drug Rebate Fund or the General Revenue Fund in the State Treasury, as appropriate, within 30 days of the first day of each calendar quarter.
    On July 1, 1999, the State Comptroller shall transfer the sum of $5,000,000 from the Public Aid Recoveries Trust Fund (formerly the Public Assistance Recoveries Trust Fund) into the DHS Recoveries Trust Fund.
(Source: P.A. 92‑10, eff. 6‑11‑01; 92‑16, eff. 6‑28‑01; 93‑20, eff. 6‑20‑03.)

    (305 ILCS 5/12‑9.1)
    Sec. 12‑9.1. DHS Recoveries Trust Fund; uses. The DHS Recoveries Trust Fund shall consist of recoveries authorized by this Code in respect to applicants or recipients under Articles III, IV, and VI, including recoveries from the estates of deceased recipients, and payments received by the Illinois Department of Human Services under Sections 10‑3.1, 10‑8, 10‑10, 10‑16, 10‑19, and 12‑9 that are required by those Sections to be paid into the DHS Recoveries Trust Fund. This Fund shall be held as a special fund in the State Treasury.
    Disbursements from the Fund shall be only (1) for the reimbursement of claims collected by the Illinois Department of Human Services through error or mistake, (2) for payment to persons or agencies designated as payees or co‑payees on any instrument, whether or not negotiable, delivered to the Illinois Department of Human Services as a recovery under this Section, such payment to be in proportion to the respective interests of the payees in the amount so collected, (3) for payments to non‑recipients, or to former recipients of financial aid of the collections which are made in their behalf under Article X, (4) for payment to local governmental units of support payments collected by the Illinois Department of Human Services pursuant to an agreement under Section 10‑3.1, (5) for payment of administrative expenses incurred in performing the activities authorized by Article X, (6) for payment of fees to person or agencies in the performance of activities pursuant to the collection of moneys owed the State, (7) for payments of any amounts which are reimbursable to the federal government which are required to be paid by State warrant by either the State or federal government, and (8) for disbursements to attorneys or advocates for legal representation in an appeal of any claim for federal Supplemental Security Income benefits before an administrative law judge as provided for in Section 3‑13 of this Code. Disbursements from the Fund for purposes of items (5), (6), and (8) of this paragraph shall be subject to appropriations from the Fund to the Illinois Department of Human Services.
    The balance in the Fund on the first day of each calendar quarter, after payment therefrom of any amounts reimbursable to the federal government, and minus the amount reasonably anticipated to be needed to make the disbursements during that quarter authorized by this Section, shall be certified by the Secretary of Human Services and transferred by the State Comptroller to the General Revenue Fund within 30 days after the first day of each calendar quarter.
(Source: P.A. 91‑24, eff. 7‑1‑99.)

    (305 ILCS 5/12‑10) (from Ch. 23, par. 12‑10)
    Sec. 12‑10. Special Purposes Trust Fund; uses. The Special Purposes Trust Fund, to be held outside the State Treasury by the State Treasurer as ex‑officio custodian, shall consist of (1) any federal grants received under Section 12‑4.6 that are not required by Section 12‑5 to be paid into the General Revenue Fund or transferred into the Local Initiative Fund under Section 12‑10.1 or deposited in the Employment and Training Fund under Section 12‑10.3 or in the special account established and maintained in that Fund as provided in that Section; (2) grants, gifts or legacies of moneys or securities received under Section 12‑4.18; (3) grants received under Section 12‑4.19; and (4) funds for child care and development services. Disbursements from this Fund shall be only for the purposes authorized by the aforementioned Sections.
    Disbursements from this Fund shall be by warrants drawn by the State Comptroller on receipt of vouchers duly executed and certified by the Illinois Department of Human Services, including payment to the Health Insurance Reserve Fund for group insurance costs at the rate certified by the Department of Central Management Services.
    All federal monies received as reimbursement for expenditures from the General Revenue Fund, and which were made for the purposes authorized for expenditures from the Special Purposes Trust Fund, shall be deposited by the Department into the General Revenue Fund.
(Source: P.A. 90‑587, eff. 7‑1‑98; 91‑24, eff. 7‑1‑99.)

    (305 ILCS 5/12‑10.1) (from Ch. 23, par. 12‑10.1)
    Sec. 12‑10.1. Local Initiative Fund ‑ Uses. There is hereby created the Local Initiative Fund in the State Treasury. The Local Initiative Fund is created for the purpose of receiving and disbursing monies in accordance with the provisions of the Social Services Block Grant of the federal Social Security Act and related rules and regulations, as now or hereafter amended, governing the use of such monies.
    Expenditures from the Local Initiative Fund shall be made for services contained in the Projected Expenditure Report required of the State under the Social Services Block Grant of the federal Social Security Act. The Local Initiative Fund shall be administered by the Illinois Department, which shall expend monies appropriated from such fund by the Illinois General Assembly for the purchase and provision of social services. The Illinois Department shall execute a written contract for the purchase of social services from persons qualified to provide such services. Such contract shall be filed with the Illinois Department and the State Comptroller.
    There shall be paid into the Local Initiative Fund the following monies:
    1. Federal funds paid to the State as reimbursement for expenditures from the Local Initiative Fund made according to the provisions of the federal Social Services Block Grant.
    2. Payments by the Illinois Department for the purpose of reimbursing the Local Initiative Fund for expenditures for services not approved for federal reimbursement under the Social Security Block Grant of the federal Social Security Act either by the Illinois Department or by the federal Department of Health and Human Services. Such payments shall be made by the Illinois Department in the amount that the Director of the Illinois Department has determined was not caused by the failure of a provider of services to comply with the provisions of a service contract or the provisions of the Social Services Block Grant of the federal Social Security Act and related rules and regulations as now or hereafter amended. Any such expenditures for services not approved for federal reimbursement which are subsequently paid into the Social Services Block Grant Fund shall be transferred into the General Revenue Fund.
(Source: P.A. 89‑507, eff. 7‑1‑97.)

    (305 ILCS 5/12‑10.2) (from Ch. 23, par. 12‑10.2)
    Sec. 12‑10.2. The Child Support Enforcement Trust Fund.
    (a) The Child Support Enforcement Trust Fund, to be held by the State Treasurer as ex‑officio custodian outside the State Treasury, pursuant to the Child Support Enforcement Program established by Title IV‑D of the Social Security Act, shall consist of the following, through June 30, 2002:
        (1) all support payments assigned to the Illinois
    
Department under Article X of this Code and rules promulgated by the Illinois Department that are disbursed to the Illinois Department by the State Disbursement Unit established under Section 10‑26,
        (2) all support payments received by the Illinois
    
Department as a result of the Child Support Enforcement Program established by Title IV‑D of the Social Security Act that are not required or directed to be paid to the State Disbursement Unit established under Section 10‑26,
        (3) all federal grants received by the Illinois
    
Department funded by Title IV‑D of the Social Security Act, except those federal funds received under the Title IV‑D program as reimbursement for expenditures from the General Revenue Fund,
        (4) incentive payments received by the Illinois
    
Department from other states or political subdivisions of other states for the enforcement and collection by the Department of an assigned child support obligation in behalf of such other states or their political subdivisions pursuant to the provisions of Title IV‑D of the Social Security Act,
        (5) incentive payments retained by the Illinois
    
Department from the amounts which otherwise would be paid to the federal government to reimburse the federal government's share of the support collection for the Department's enforcement and collection of an assigned support obligation on behalf of the State of Illinois pursuant to the provisions of Title IV‑D of the Social Security Act,
        (6) all fees charged by the Department for child
    
support enforcement services, as authorized under Title IV‑D of the Social Security Act and Section 10‑1 of this Code, and any other fees, costs, fines, recoveries, or penalties provided for by State or federal law and received by the Department under the Child Support Enforcement Program established by Title IV‑D of the Social Security Act,
        (7) all amounts appropriated by the General Assembly
    
for deposit into the Fund, and
        (8) any gifts, grants, donations, or awards from
    
individuals, private businesses, nonprofit associations, and governmental entities.
    (a‑5) On and after July 1, 2002, the Child Support Enforcement Trust Fund shall consist of the following:
        (1) all support payments assigned to the Illinois
    
Department under Article X of this Code and rules adopted by the Illinois Department that are disbursed to the Illinois Department by the State Disbursement Unit established under Section 10‑26, regardless of the fiscal year in which the payments were receipted;
        (2) all support payments received by the Illinois
    
Department as a result of the Child Support Enforcement Program established by Title IV‑D of the Social Security Act that are not required or directed to be paid to the State Disbursement Unit established under Section 10‑26, regardless of the fiscal year in which the payments were receipted;
        (3) all federal grants received by the Illinois
    
Department funded by Title IV‑D of the Social Security Act, except those federal funds received under the Title IV‑D program as reimbursement for expenditures from the General Revenue Fund, and receipted on or before June 30, 2002;
        (4) incentive payments received by the Illinois
    
Department from other states or political subdivisions of other states for the enforcement and collection by the Department of an assigned child support obligation in behalf of those other states or their political subdivisions pursuant to the provisions of Title IV‑D of the Social Security Act, and receipted on or before June 30, 2002;
        (5) incentive payments retained by the Illinois
    
Department from the amounts that otherwise would be paid to the federal government to reimburse the federal government's share of the support collection for the Department's enforcement and collection of an assigned support obligation on behalf of the State of Illinois pursuant to the provisions of Title IV‑D of the Social Security Act, and receipted on or before June 30, 2002;
        (6) all fees charged by the Department for child
    
support enforcement services, as authorized under Title IV‑D of the Social Security Act and Section 10‑1 of this Code, and any other fees, costs, fines, recoveries, or penalties provided for by State or federal law and received by the Department under the Child Support Enforcement Program established by Title IV‑D of the Social Security Act, and receipted on or before June 30, 2002;
        (7) all amounts appropriated by the General Assembly
    
for deposit into the Child Support Enforcement Trust Fund; and
        (8) any gifts, grants, donations, or awards from
    
individuals, private businesses, nonprofit associations, and governmental entities, receipted on or before June 30, 2002.
    (b) Disbursements from this Fund shall be only for the following purposes:
        (1) for the reimbursement of funds received by the
    
Illinois Department through error or mistake,
        (2) for payments to non‑recipients, current
    
recipients, and former recipients of financial aid of support payments received on their behalf under Article X of this Code that are not required to be disbursed by the State Disbursement Unit established under Section 10.26,
        (3) for any other payments required by law to be
    
paid by the Illinois Department to non‑recipients, current recipients, and former recipients,
        (4) for payment of any administrative expenses
    
incurred through fiscal year 2002 and for payment of any administrative expenses by transfer to the Child Support Administrative Fund under Section 12‑10.2a, including payment to the Health Insurance Reserve Fund for group insurance costs at the rate certified by the Department of Central Management Services, except those required to be paid from the General Revenue Fund, including personal and contractual services, incurred in performing the Title IV‑D activities authorized by Article X of this Code,
        (5) for the reimbursement of the Public Assistance
    
Emergency Revolving Fund for expenditures made from that Fund for payments to former recipients of public aid for child support made to the Illinois Department when the former public aid recipient is legally entitled to all or part of the child support payments, pursuant to the provisions of Title IV‑D of the Social Security Act,
        (6) for the payment of incentive amounts owed to
    
other states or political subdivisions of other states that enforce and collect an assigned support obligation on behalf of the State of Illinois pursuant to the provisions of Title IV‑D of the Social Security Act,
        (7) for the payment of incentive amounts owed to
    
political subdivisions of the State of Illinois that enforce and collect an assigned support obligation on behalf of the State pursuant to the provisions of Title IV‑D of the Social Security Act, and
        (8) for payments of any amounts which are
    
reimbursable to the Federal government which are required to be paid by State warrant by either the State or Federal government.
    Disbursements from this Fund shall be by warrants drawn by the State Comptroller on receipt of vouchers duly executed and certified by the Illinois Department or any other State agency that receives an appropriation from the Fund.
    (c) The Illinois Department's child support administrative expenses, as defined in Section 12‑10.2a, that are incurred after fiscal year 2002 shall be paid only as provided in that Section.
(Source: P.A. 91‑212, eff. 7‑20‑99; 91‑400, eff. 7‑30‑99; 91‑712, eff. 7‑1‑00; 92‑44, eff. 7‑1‑01; 92‑570, eff. 6‑26‑02; 92‑651, eff. 7‑11‑02.)

    (305 ILCS 5/12‑10.2a)
    Sec. 12‑10.2a. Child Support Administrative Fund.
    (a) Beginning July 1, 2002, the Child Support Administrative Fund is created as a special fund in the State treasury. Moneys in the Fund may be used, subject to appropriation, only for the Department of Public Aid's child support administrative expenses, as defined in this Section.
    (a‑5) Moneys in the Child Support Administrative Fund shall consist of the following:
        (1) all federal grants received by the Illinois
    
Department funded by Title IV‑D of the Social Security Act, except those federal funds received under the Title IV‑D program as reimbursement for expenditures from the General Revenue Fund;
        (2) incentive payments received by the Illinois
    
Department from other states or political subdivisions of other states for the enforcement and collection by the Department of an assigned child support obligation in behalf of those other states or their political subdivisions pursuant to the provisions of Title IV‑D of the Social Security Act;
        (3) incentive payments retained by the Illinois
    
Department from the amounts that otherwise would be paid to the federal government to reimburse the federal government's share of the support collection for the Department's enforcement and collection of an assigned support obligation on behalf of the State of Illinois pursuant to the provisions of Title IV‑D of the Social Security Act;
        (4) all fees charged by the Department for child
    
support enforcement services, as authorized under Title IV‑D of the Social Security Act and Section 10‑1 of this Code, and any other fees, costs, fines, recoveries, or penalties provided for by State or federal law and received by the Department under the Child Support Enforcement Program established by Title IV‑D of the Social Security Act;
        (5) all amounts appropriated by the General Assembly
    
for deposit into the Child Support Administrative Fund; and
        (6) any gifts, grants, donations, or awards from
    
individuals, private businesses, nonprofit associations, and governmental entities.
    (a‑10) The moneys identified in subsection (a‑5) of this Section shall include moneys receipted on or after July 1, 2002, regardless of the fiscal year in which the moneys were earned.
    (b) As used in this Section, "child support administrative expenses" means administrative expenses, including payment to the Health Insurance Reserve Fund for group insurance costs at the rate certified by the Department of Central Management Services, except those required to be paid from the General Revenue Fund, including personal and contractual services, incurred by the Department of Public Aid, either directly or under its contracts with SDU contractors as defined in Section 10‑26.2, in performing activities authorized by Article X of this Code, and including appropriations to other State agencies or offices. The term includes expenses incurred by the Department of Public Aid in administering the Child Support Enforcement Trust Fund and the State Disbursement Unit Revolving Fund.
    (c) Child support administrative expenses incurred in fiscal year 2003 or thereafter shall be paid only from moneys appropriated from the Child Support Administrative Fund.
    (d) Before April 1, 2003 and before April 1 of each year thereafter, the Department of Public Aid shall provide notification to the General Assembly of the amount of the Department's child support administrative expenses expected to be incurred during the fiscal year beginning on the next July 1, including the estimated amount required for the operation of the State Disbursement Unit, which shall be separately identified in the annual administrative appropriation.
    (e) For the fiscal year beginning July 1, 2002 and for each fiscal year thereafter, the State Comptroller and the State Treasurer shall transfer from the Child Support Enforcement Trust Fund to the Child Support Administrative Fund amounts as determined by the Department necessary to enable the Department to meet its child support administrative expenses for the then‑current fiscal year. For any fiscal year, the State Comptroller and the State Treasurer may not transfer more than the total amount appropriated for the Department's child support administrative expenses for that fiscal year.
    (f) By December 1, 2001, the Illinois Department shall provide a corrective action plan to the General Assembly regarding the establishment of accurate accounts in the Child Support Enforcement Trust Fund. The plan shall include those tasks that may be required to establish accurate accounts, the estimated time for completion of each of those tasks and the plan, and the estimated cost for completion of each of the tasks and the plan.
(Source: P.A. 92‑44, eff. 7‑1‑01; 92‑570, eff. 6‑26‑02.)

    (305 ILCS 5/12‑10.3) (from Ch. 23, par. 12‑10.3)
    Sec. 12‑10.3. Employment and Training Fund; uses.
    (a) The Employment and Training Fund is hereby created in the State Treasury for the purpose of receiving and disbursing moneys in accordance with the provisions of Title IV‑A of the federal Social Security Act; the Food Stamp Act, Title 7 of the United States Code; and related rules and regulations governing the use of those moneys for the purposes of providing employment and training services.
    (b) All federal funds received by the Illinois Department as reimbursement for expenditures for employment and training programs made by the Illinois Department from grants, gifts, or legacies as provided in Section 12‑4.18 or by an entity other than the Department, except as a result of appropriations made for the costs of providing adult education to public assistance recipients, shall be deposited into the Employment and Training Fund; provided, however, that all funds, except those that are specified in the interagency agreement between the Illinois Community College Board and the Department, that are received by the Department as reimbursement under Title IV‑A of the federal Social Security Act for expenditures that are made by the Illinois Community College Board or by any public community college of this State shall be credited to a special account that the State Treasurer shall establish and maintain within the Employment and Training Fund for the purpose and in the manner provided in Section 12‑5.
    (c) Except as provided in subsection (d) of this Section, the Employment and Training Fund shall be administered by the Illinois Department, and the Illinois Department may make payments from the Employment and Training Fund to clients for supportive services or to public and private entities for employment and training services. Such payments shall not include any funds generated by Illinois community colleges as part of the Opportunities Program.
    (d) On or before the 10th day of August, 1992, and on or before the 10th day of each month thereafter, the State Treasurer and State Comptroller shall automatically transfer to the TANF Opportunities Fund of the Illinois Community College Board from the special account established and maintained in the Employment and Training Fund all amounts credited to that special account as provided in Section 12‑5 during the preceding month as reimbursement for expenditures under Title IV‑A of the federal Social Security Act made by the Illinois Community College Board or any public community college of this State.
    (e) The Illinois Department shall execute a written contract when purchasing employment and training services from entities qualified to provide services under the programs. The contract shall be filed with the Illinois Department and the State Comptroller.
(Source: P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑10.4)
    (Text of Section before amendment by P.A. 94‑696)
    Sec. 12‑10.4. Juvenile Rehabilitation Services Medicaid Matching Fund. There is created in the State Treasury the Juvenile Rehabilitation Services Medicaid Matching Fund. Deposits to this Fund shall consist of all moneys received from the federal government for behavioral health services secured by counties under the Medicaid Rehabilitation Option pursuant to Title XIX of the Social Security Act or under the Children's Health Insurance Program pursuant to the Children's Health Insurance Program Act and Title XXI of the Social Security Act for minors who are committed to mental health facilities by the Illinois court system and for residential placements secured by the Department of Corrections for minors as a condition of their parole.
    Disbursements from the Fund shall be made, subject to appropriation, by the Illinois Department of Public Aid for grants to the Department of Corrections and those counties which secure behavioral health services ordered by the courts and which have an interagency agreement with the Department and submit detailed bills according to standards determined by the Department.
(Source: P.A. 90‑587, eff. 7‑1‑98; 91‑266, eff. 7‑23‑99; 91‑712, eff. 7‑1‑00.)
 
    (Text of Section after amendment by P.A. 94‑696)
    Sec. 12‑10.4. Juvenile Rehabilitation Services Medicaid Matching Fund. There is created in the State Treasury the Juvenile Rehabilitation Services Medicaid Matching Fund. Deposits to this Fund shall consist of all moneys received from the federal government for behavioral health services secured by counties under the Medicaid Rehabilitation Option pursuant to Title XIX of the Social Security Act or under the Children's Health Insurance Program pursuant to the Children's Health Insurance Program Act and Title XXI of the Social Security Act for minors who are committed to mental health facilities by the Illinois court system and for residential placements secured by the Department of Juvenile Justice for minors as a condition of their parole.
    Disbursements from the Fund shall be made, subject to appropriation, by the Illinois Department of Public Aid for grants to the Department of Juvenile Justice and those counties which secure behavioral health services ordered by the courts and which have an interagency agreement with the Department and submit detailed bills according to standards determined by the Department.
(Source: P.A. 94‑696, eff. 6‑1‑06.)

    (305 ILCS 5/12‑10.5)
    Sec. 12‑10.5. Medical Special Purposes Trust Fund.
    (a) The Medical Special Purposes Trust Fund ("the Fund") is created. Any grant, gift, donation, or legacy of money or securities that the Department of Public Aid is authorized to receive under Section 12‑4.18 or Section 12‑4.19, and that is dedicated for functions connected with the administration of any medical program administered by the Department, shall be deposited into the Fund. All federal moneys received by the Department as reimbursement for disbursements authorized to be made from the Fund shall also be deposited into the Fund. In addition, federal moneys received on account of State expenditures made in connection with obtaining compliance with the federal Health Insurance Portability and Accountability Act (HIPAA) shall be deposited into the Fund.
    (b) No moneys received from a service provider or a governmental or private entity that is enrolled with the Department as a provider of medical services shall be deposited into the Fund.
    (c) Disbursements may be made from the Fund for the purposes connected with the grants, gifts, donations, or legacies deposited into the Fund, including, but not limited to, medical quality assessment projects, eligibility population studies, medical information systems evaluations, and other administrative functions that assist the Department in fulfilling its health care mission under the Illinois Public Aid Code and the Children's Health Insurance Program Act.
(Source: P.A. 92‑37, eff. 7‑1‑01; 92‑597, eff. 6‑28‑02; 92‑651, eff. 7‑11‑02.)

    (305 ILCS 5/12‑10.6)
    Sec. 12‑10.6. Medicaid Buy‑In Program Revolving Fund.
    (a) The Medicaid Buy‑In Program Revolving Fund is created as a special fund in the State treasury. The Fund shall consist of cost‑sharing payments made by individuals pursuant to the Medicaid Buy‑In Program established under paragraph 11 of Section 5‑2 of this Code. All earnings on moneys in the Fund shall be credited to the Fund.
    (b) Moneys in the Fund shall be appropriated to the Department to pay the costs of administering the Medicaid Buy‑In Program, including payments for medical assistance benefits provided to Program participants. The Department shall adopt rules specifying the particular purposes for which the moneys in the Fund may be spent.
(Source: P.A. 92‑163, eff. 7‑25‑01; 92‑651, eff. 7‑11‑02.)

    (305 ILCS 5/12‑10.7)
    Sec. 12‑10.7. The Health and Human Services Medicaid Trust Fund.
    (a) The Health and Human Services Medicaid Trust Fund shall consist of (i) moneys appropriated or transferred into the Fund, pursuant to statute, (ii) federal financial participation moneys received pursuant to expenditures from the Fund, and (iii) the interest earned on moneys in the Fund.
    (b) Subject to appropriation, the moneys in the Fund shall be used by a State agency for such purposes as that agency may, by the appropriation language, be directed.
(Source: P.A. 93‑841, eff. 7‑30‑04.)

    (305 ILCS 5/12‑11) (from Ch. 23, par. 12‑11)
    Sec. 12‑11. Deposits by State Treasurer. The State Treasurer shall deposit moneys received by him as ex‑officio custodian of the Child Support Enforcement Trust Fund and the Special Purposes Trust Fund in banks or savings and loan associations which have been approved by him as State Depositaries under the Deposit of State Moneys Act, and with respect to such moneys shall be entitled to the same rights and privileges as are provided by such Act with respect to moneys in the treasury of the State of Illinois.
(Source: P.A. 90‑255, eff. 1‑1‑98; 91‑24, eff. 7‑1‑99.)

    (305 ILCS 5/12‑12) (from Ch. 23, par. 12‑12)
    Sec. 12‑12. Collection of claims; enforcement of penalty provisions. The Illinois Department shall pursue the legal procedure necessary to collect the claims and enforce the penalty provisions provided in any Section or Article of this Code relative to applicants and recipients of public aid. The Attorney General, at the request of the Illinois Department, shall take the necessary proceedings and represent the Illinois Department in any matter arising in connection with such claims or enforcement of penalty provisions.
(Source: P.A. 81‑1085.)

    (305 ILCS 5/12‑12.1)
    Sec. 12‑12.1. Deadbeats most wanted list.
    (a) The Director may disclose a "deadbeats most wanted list" of individuals who are in arrears in their child support obligations under an Illinois court order or administrative order. The list shall include only those persons who are in arrears in an amount greater than $5,000 (or such greater amount as established by the Department by rule). The list shall not exceed 200 individuals at any point. The list shall include the individual's name and address, the amount of any child support arrearage, and any other information deemed appropriate by the Department.
    (b) At least 90 days before the disclosure under subsection (a) of the name of an individual who is in arrears in his or her child support obligations, the Director shall mail a written notice to the individual by certified mail addressed to the individual's last known address. The notice shall detail the amount of the arrearage and the Department's intent to disclose the arrearage. If the arrearage is not paid 60 days after the notice was delivered to the individual or the Department has been notified that delivery was refused, and the individual has not, since the mailing of the notice, entered into a written agreement with the Department for payment of the arrearage, the Director may disclose the individual's arrearage under subsection (a).
    (c) An individual in arrears in his or her child support obligations under an Illinois court order or administrative order is not subject to disclosure under subsection (a) if (1) a written agreement for payment exists between the individual and the Department or (2) the arrearage is the subject of an administrative hearing, administrative review, or judicial review.
    (d) The list shall be available for public inspection at the Department or by other means of publication, including the Internet.
    (e) A disclosure made by the Director in a good faith effort to comply with this Section may not be considered a violation of any confidentiality laws.
(Source: P.A. 92‑373, eff. 7‑1‑02.)

    (305 ILCS 5/12‑13) (from Ch. 23, par. 12‑13)
    Sec. 12‑13. Rules and regulations. The Department shall make all rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of this Code, to the end that its spirit and purpose may be achieved and the public aid programs administered efficiently throughout the State. However, the rules and regulations shall not provide that payment for services rendered to a specific recipient by a person licensed under the Medical Practice Act of 1987, whether under a general or limited license, or a person licensed or registered under other laws of this State to provide dental, optometric, or pediatric care, may be authorized only when services are recommended for that recipient by a person licensed to practice medicine in all its branches.
    Whenever a rule of the Department requires that an applicant or recipient verify information submitted to the Department, the rule, in order to make the public fully aware of what information is required for verification, shall specify the acceptable means of verification or shall list examples of acceptable means of verification.
    The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and incorporated herein, and shall apply to all administrative rules and procedures of the Illinois Department under this Act, except that Section 5‑35 of the Illinois Administrative Procedure Act relating to procedures for rule‑making does not apply to the adoption of any rule required by federal law in connection with which the Illinois Department is precluded by law from exercising any discretion, and the requirements of the Administrative Procedure Act with respect to contested cases are not applicable to (1) hearings involving eligibility of applicants or recipients of public aid or (2) support hearings involving responsible relatives.
(Source: P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑13.05)
    Sec. 12‑13.05. Rules for Temporary Assistance for Needy Families. All rules regulating the Temporary Assistance for Needy Families program and all other rules regulating the amendatory changes to this Code made by this amendatory Act of 1997 shall be promulgated pursuant to this Section.
(Source: P.A. 94‑416, eff. 1‑1‑06.)

    (305 ILCS 5/12‑13.1)
    Sec. 12‑13.1. Inspector General.
    (a) The Governor shall appoint, and the Senate shall confirm, an Inspector General who shall function within the Illinois Department of Public Aid and report to the Governor. The term of the Inspector General shall expire on the third Monday of January, 1997 and every 4 years thereafter.
    (b) In order to prevent, detect, and eliminate fraud, waste, abuse, mismanagement, and misconduct, the Inspector General shall oversee the Illinois Department of Public Aid's integrity functions, which include, but are not limited to, the following:
        (1) Investigation of misconduct by employees,
    
vendors, contractors and medical providers.
        (2) Audits of medical providers related to ensuring
    
that appropriate payments are made for services rendered and to the recovery of overpayments.
        (3) Monitoring of quality assurance programs
    
generally related to the medical assistance program and specifically related to any managed care program.
        (4) Quality control measurements of the programs
    
administered by the Illinois Department of Public Aid.
        (5) Investigations of fraud or intentional program
    
violations committed by clients of the Illinois Department of Public Aid.
        (6) Actions initiated against contractors or medical
    
providers for any of the following reasons:
            (A) Violations of the medical assistance program.
            (B) Sanctions against providers brought in
        
conjunction with the Department of Public Health or the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities).
            (C) Recoveries of assessments against hospitals
        
and long‑term care facilities.
            (D) Sanctions mandated by the United States
        
Department of Health and Human Services against medical providers.
            (E) Violations of contracts related to any
        
managed care programs.
        (7) Representation of the Illinois Department of
    
Public Aid at hearings with the Illinois Department of Professional Regulation in actions taken against professional licenses held by persons who are in violation of orders for child support payments.
    (b‑5) At the request of the Secretary of Human Services, the Inspector General shall, in relation to any function performed by the Department of Human Services as successor to the Department of Public Aid, exercise one or more of the powers provided under this Section as if those powers related to the Department of Human Services; in such matters, the Inspector General shall report his or her findings to the Secretary of Human Services.
    (c) The Inspector General shall have access to all information, personnel and facilities of the Illinois Department of Public Aid and the Department of Human Services (as successor to the Department of Public Aid), their employees, vendors, contractors and medical providers and any federal, State or local governmental agency that are necessary to perform the duties of the Office as directly related to public assistance programs administered by those departments. No medical provider shall be compelled, however, to provide individual medical records of patients who are not clients of the Medical Assistance Program. State and local governmental agencies are authorized and directed to provide the requested information, assistance or cooperation.
    (d) The Inspector General shall serve as the Illinois Department of Public Aid's primary liaison with law enforcement, investigatory and prosecutorial agencies, including but not limited to the following:
        (1) The Department of State Police.
        (2) The Federal Bureau of Investigation and other
    
federal law enforcement agencies.
        (3) The various Inspectors General of federal
    
agencies overseeing the programs administered by the Illinois Department of Public Aid.
        (4) The various Inspectors General of any other
    
State agencies with responsibilities for portions of programs primarily administered by the Illinois Department of Public Aid.
        (5) The Offices of the several United States
    
Attorneys in Illinois.
        (6) The several State's Attorneys.
    The Inspector General shall meet on a regular basis with these entities to share information regarding possible misconduct by any persons or entities involved with the public aid programs administered by the Illinois Department of Public Aid.
    (e) All investigations conducted by the Inspector General shall be conducted in a manner that ensures the preservation of evidence for use in criminal prosecutions. If the Inspector General determines that a possible criminal act relating to fraud in the provision or administration of the medical assistance program has been committed, the Inspector General shall immediately notify the Medicaid Fraud Control Unit. If the Inspector General determines that a possible criminal act has been committed within the jurisdiction of the Office, the Inspector General may request the special expertise of the Department of State Police. The Inspector General may present for prosecution the findings of any criminal investigation to the Office of the Attorney General, the Offices of the several United State Attorneys in Illinois or the several State's Attorneys.
    (f) To carry out his or her duties as described in this Section, the Inspector General and his or her designees shall have the power to compel by subpoena the attendance and testimony of witnesses and the production of books, electronic records and papers as directly related to public assistance programs administered by the Illinois Department of Public Aid or the Department of Human Services (as successor to the Department of Public Aid). No medical provider shall be compelled, however, to provide individual medical records of patients who are not clients of the Medical Assistance Program.
    (g) The Inspector General shall report all convictions, terminations, and suspensions taken against vendors, contractors and medical providers to the Illinois Department of Public Aid and to any agency responsible for licensing or regulating those persons or entities.
    (h) The Inspector General shall make annual reports, findings, and recommendations regarding the Office's investigations into reports of fraud, waste, abuse, mismanagement, or misconduct relating to any public aid programs administered by the Illinois Department of Public Aid or the Department of Human Services (as successor to the Department of Public Aid) to the General Assembly and the Governor. These reports shall include, but not be limited to, the following information:
        (1) Aggregate provider billing and payment
    
information, including the number of providers at various Medicaid earning levels.
        (2) The number of audits of the medical assistance
    
program and the dollar savings resulting from those audits.
        (3) The number of prescriptions rejected annually
    
under the Illinois Department of Public Aid's Refill Too Soon program and the dollar savings resulting from that program.
        (4) Provider sanctions, in the aggregate, including
    
terminations and suspensions.
        (5) A detailed summary of the investigations
    
undertaken in the previous fiscal year. These summaries shall comply with all laws and rules regarding maintaining confidentiality in the public aid programs.
    (i) Nothing in this Section shall limit investigations by the Illinois Department of Public Aid or the Department of Human Services that may otherwise be required by law or that may be necessary in their capacity as the central administrative authorities responsible for administration of public aid programs in this State.
(Source: P.A. 89‑507, eff. 7‑1‑97; 90‑725, eff. 8‑7‑98.)

    (305 ILCS 5/12‑13.2)
    Sec. 12‑13.2. Two‑year financial plans.
    (a) On or before September 30, 1994, the Illinois Department shall submit to the General Assembly an initial 2‑year financial plan with respect to the Illinois Department's administration and financing of the State's Medicaid program for fiscal years 1995 and 1996. The Illinois Department shall submit subsequent 2‑year financial plans in accordance with this Section. Beginning with fiscal year 1997, and every second fiscal year thereafter, the Illinois Department shall submit a financial plan covering a period of 2 fiscal years not later than March 1 before the commencement of the first fiscal year to which the financial plan relates. Each financial plan shall be submitted in accordance with the procedures set forth in this Section.
    (b) Each financial plan for each fiscal year to which it relates shall contain a description of revenues, liabilities, expenditures, appropriations, and cash resources and uses.
    (c) The Illinois Department shall regularly reexamine the revenue and expenditure estimates on which each financial plan was based and revise them as necessary. The Illinois Department shall promptly notify the General Assembly of any material change in the revenue or expenditure estimates in the financial plan. The Illinois Department shall submit to the General Assembly modified financial plans based on revised revenue or expenditure estimates or for any other good reason.
(Source: P.A. 88‑554, eff. 7‑26‑94.)

    (305 ILCS 5/12‑13.3)
    Sec. 12‑13.3. Transitional jobs; pilot program. Subject to appropriations or other funding, the Department of Human Services may establish a pilot program to place hard‑to‑employ persons, including persons who have been released from a county jail or a facility under the jurisdiction of the Department of Corrections, in jobs. By rule, the Department shall determine the location in which the pilot program is to be implemented and the services to be provided. In determining locations for the pilot program, however, the Department shall give priority to areas of the State in which the concentration of released offenders is the highest. The Department may consult with the Department of Corrections in establishing the pilot program.
(Source: P.A. 93‑208, eff. 7‑18‑03.)

    (305 ILCS 5/12‑13.4)
    Sec. 12‑13.4. Materials on nutritional health. The Department of Human Services, in cooperation with the Department of Public Health, shall develop materials and resources on nutritional health for distribution to new enrollees in the TANF program under Article IV and the Food Stamp program. The Department of Public Health shall develop a video presentation on nutritional health to be shown to new enrollees in the TANF program under Article IV and the Food Stamp program. The Department of Human Services shall develop the materials and resources within 6 months after the effective date of this amendatory Act of the 94th General Assembly and shall provide those materials and resources to all persons who enroll in the TANF program and the Food Stamp program after the materials and resources are developed.
(Source: P.A. 94‑433, eff. 1‑1‑06.)

    (305 ILCS 5/12‑14.1) (from Ch. 23, par. 12‑14.1)
    Sec. 12‑14.1. Audit by Auditor General. The Auditor General shall conduct a post audit to determine if the Department has complied with the requirements of Section 5‑5.9 of this Code. The audit required by this Section shall be in accordance with and subject to the Illinois State Auditing Act as now and hereafter amended. The Legislative Audit Commission, by resolution, may make additions or clarifications to the scope or coverage of the audit required by this Section.
(Source: P.A. 82‑664.)

    (305 ILCS 5/12‑15) (from Ch. 23, par. 12‑15)
    Sec. 12‑15. Civil Recoveries. Any person, firm, corporation, association, agency, institution or other legal entity who, without intent to violate this Code, obtains benefits or payments under this Code to which he or it is not entitled, or in a greater amount than that to which he or it is entitled shall be liable for any excess benefits or payments received.
    The Attorney General, or the State's Attorney in actions involving a local governmental unit, may initiate court proceedings to recover benefits or payments obtained under this Code to which a person or entity is not entitled.
(Source: P.A. 82‑440.)

    (305 ILCS 5/12‑16) (from Ch. 23, par. 12‑16)
    Sec. 12‑16. Public Aid Claims Enforcement Division of Office of Attorney General. The Public Aid Claims Enforcement Division in the Office of the Attorney General, established pursuant to the 1949 Code, shall institute in behalf of the State all court actions referred to it by the Illinois Department of Public Aid or the Department of Human Services (as successor to the Illinois Department of Public Aid) under this Code and other laws for the recovery of financial aid provided under the public aid programs, the enforcement of obligations of support, and the enforcement of other claims, penalties and obligations.
    The Division shall be staffed with attorneys appointed by the Attorney General as Special Assistant Attorneys' General whose special duty it shall be to execute the aforesaid duties. The Assistant Attorneys' General shall be assigned exclusively to such duties. They may engage only in such political activities as are not prohibited by the Hatch Political Activity Act, Title 5, U.S.C.A., Sections 118i et seq.
    The Attorney General may request the appropriate State's Attorney of a county or staff of the Child and Spouse Support Unit established under Section 10‑3.1 of this Code to institute any such action in behalf of the State or to assist the Attorney General in the prosecution of actions instituted by his Office.
(Source: P.A. 89‑507, eff. 7‑1‑97.)

    (305 ILCS 5/12‑17) (from Ch. 23, par. 12‑17)
    Sec. 12‑17. (Repealed).
(Source: Laws 1967, p. 122. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑17.1) (from Ch. 23, par. 12‑17.1)
    Sec. 12‑17.1. (Repealed).
(Source: P.A. 88‑412. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑17.2) (from Ch. 23, par. 12‑17.2)
    Sec. 12‑17.2. (Repealed).
(Source: Repealed by P.A. 88‑412.)

    (305 ILCS 5/12‑17.3) (from Ch. 23, par. 12‑17.3)
    Sec. 12‑17.3. (Repealed).
(Source: Laws 1967, p. 122. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑17.4) (from Ch. 23, par. 12‑17.4)
    Sec. 12‑17.4. (Repealed).
(Source: P.A. 90‑655, eff. 7‑30‑98. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑17.5) (from Ch. 23, par. 12‑17.5)
    Sec. 12‑17.5. (Repealed).
(Source: Laws 1967, p. 122. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑18) (from Ch. 23, par. 12‑18)
    Sec. 12‑18. (Repealed).
(Source: Laws 1967, p. 122. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑18.1) (from Ch. 23, par. 12‑18.1)
    Sec. 12‑18.1. (Repealed).
(Source: P.A. 88‑412. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑18.1a) (from Ch. 23, par. 12‑18.1a)
    Sec. 12‑18.1a. (Repealed).
(Source: P.A. 77‑352. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑18.2) (from Ch. 23, par. 12‑18.2)
    Sec. 12‑18.2. (Repealed).
(Source: P.A. 81‑1085. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑18.3) (from Ch. 23, par. 12‑18.3)
    Sec. 12‑18.3. (Repealed).
(Source: Laws 1967, p. 122. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑18.4) (from Ch. 23, par. 12‑18.4)
    Sec. 12‑18.4. (Repealed).
(Source: P.A. 81‑1509. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑18.5) (from Ch. 23, par. 12‑18.5)
    Sec. 12‑18.5. (Repealed).
(Source: P.A. 78‑363. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑18.6) (from Ch. 23, par. 12‑18.6)
    Sec. 12‑18.6. (Repealed).
(Source: P.A. 81‑230. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑18.8) (from Ch. 23, par. 12‑18.8)
    Sec. 12‑18.8. (Repealed).
(Source: P.A. 78‑363. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑18.9) (from Ch. 23, par. 12‑18.9)
    Sec. 12‑18.9. (Repealed).
(Source: P.A. 78‑363. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑19) (from Ch. 23, par. 12‑19)
    Sec. 12‑19. County welfare services committees; membership. If a county welfare services committee is formed in a county of less than 3,000,000 population, the committee may consist of not more than 10 members appointed by the Illinois Department and the following members, ex‑officio: the state's attorney and the chairman of the county board. The terms of the state's attorney and the chairman of the county board shall be co‑extensive with their terms of office. The terms of the Illinois Department appointees shall be as specified in this Section.
    In counties of 3,000,000 or more population, if a county welfare services committee is formed, it may consist of not more than 33 members appointed by the Illinois Department and the president of the county board of commissioners, ex‑officio. The term of the president of the county board of commissioners shall be co‑extensive with his term of office. The terms of the Illinois Department appointees shall be as specified in this Section.
    The Illinois Department shall make its appointments from a list of nominees submitted with the advice and consent of the county board by the presiding officer of the county board of each county. If the county board fails or refuses to submit a list of nominees, the Illinois Department may make appointments from among the residents of the county.
    The Illinois Department and the county boards shall include a balanced representation of recipients, service providers, representatives of community and welfare advocacy groups, representatives of local governments dealing with public aid, and representatives of the general public on all county welfare services committees appointed by the Illinois Department or on lists of nominees submitted by the presiding officers of the county boards.
(Source: P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑19.1) (from Ch. 23, par. 12‑19.1)
    Sec. 12‑19.1. Appointments‑Terms‑Vacancy.
    In counties of less than 3 million population, the Illinois Department shall appoint 3 members of the County Welfare Services Committee on July 1, 1967; 4 members on July 1, 1968; and 3 members on July 1, 1969, as successors respectively to the members whose terms expire on such dates. In counties of 3 million or more population, the Illinois Department shall appoint 4 members of the Committee on July 1, 1967; 4 on July 1, 1968; and 4 on July 1, 1969, as successors respectively to the members whose terms expire on such dates, and shall on July 1, 1971, appoint 25 members, 7 of whom shall serve for a term of 1 year, 7 of whom shall serve for 2 years, and 11 of whom shall serve for 3 years as designated by the Illinois Department at the time of appointment. Thereafter, upon the expiration of any term, successors shall be appointed in like manner as the original appointees, for a term of 3 years and until their successors are appointed. Vacancies in office shall be filled in like manner as original appointments but appointment shall be only for the remainder of the term of the vacancy.
(Source: P. A. 77‑522.)

    (305 ILCS 5/12‑19.2) (from Ch. 23, par. 12‑19.2)
    Sec. 12‑19.2. Organization of committee. The county welfare services committee, at its first meeting in each calendar year, shall organize by electing from its membership a chairman and vice chairman. These officers shall serve a term of one year and until their successors are elected but neither may serve more than 3 consecutive terms. The Department of Human Services local office administrator shall act as the executive secretary of the committee and assist it in fulfilling its responsibilities in the manner the committee designates. The committee may request the assistance of other members of the staff of the County Department to perform duties the committee designates. The committee shall provide rules for transacting its business and keeping records thereof. It shall hold as many meetings during each calendar year as may be necessary to fulfill committee responsibilities. In counties of less than 3,000,000 population, meetings may be called by the chairman or any 3 members. In counties of 3,000,000 or more population, meetings may be called by the chairman or any 11 members. The members of the committee shall receive no compensation for their services but shall be reimbursed for actual and necessary traveling and other expenses incurred in the performance of their duties.
(Source: P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑19.3) (from Ch. 23, par. 12‑19.3)
    Sec. 12‑19.3. Information to committee. The County Department shall furnish each member of the County Welfare Services Committee, upon such member's request, a copy of the existing regulations and of all changes of regulations pertaining to any of the public aid programs, and of rulings handed down by the Illinois Department or the courts on review, affecting or interpreting such regulations.
(Source: P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑19.4) (from Ch. 23, par. 12‑19.4)
    Sec. 12‑19.4. (Repealed).
(Source: P.A. 82‑783. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑19.5) (from Ch. 23, par. 12‑19.5)
    Sec. 12‑19.5. Advisory functions; reports. The County Welfare Services Committee shall advise the County Department in relation to the administration of its functions and duties. The Committee shall also advise the Illinois Department on all matters pertaining to public aid in the county, recommend the development of community welfare programs it may deem necessary and stimulate community interest in these programs and their proper organization, survey economic and social welfare conditions and employment opportunities, and perform any other duties as the Illinois Department may prescribe.
    The Committee shall submit to the Illinois Department periodic reports of its activities, findings, and recommendations at the times and in the manner as the Department may direct.
    The Committee shall review the quality of services provided to recipients of and applicants for assistance and other social services and the quality of relations between recipients and applicants and employees of the Illinois Department and County Departments. The Committee shall report annually to the Illinois Department its findings in these matters and its recommendations for improvement.
(Source: P.A. 87‑528.)

    (305 ILCS 5/12‑20) (from Ch. 23, par. 12‑20)
    Sec. 12‑20. (Repealed).
(Source: Laws 1967, p. 122. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑21) (from Ch. 23, par. 12‑21)
    Sec. 12‑21. Administration in local Governmental Units. Administration of the public aid programs for which responsibility is vested in local governmental units under Article VI shall be in accordance with the provisions of Sections 12‑21.1 to 12‑21.20, inclusive.
    However, all public aid programs which provide medical services or assistance to non‑residents of the State of Illinois which, but for the aspect of residency, would be a township responsibility, shall be administered by the Illinois Department pursuant to Sections 12‑4 to 12‑12, inclusive, of this Article, and pursuant to the Department's authorized rules and regulations.
(Source: P.A. 81‑1509.)

    (305 ILCS 5/12‑21.1) (from Ch. 23, par. 12‑21.1)
    Sec. 12‑21.1. Supervisors of general assistance in counties not under township organization ‑ Other staffing. In counties not under township organization, the presiding officer of the county board, with the advice and consent of the County Board, shall designate a Supervisor of General Assistance for the county and appoint such other employees as may be necessary to provide public aid under Article VI. The County Board shall prescribe the compensation and duties of the Supervisor and other employees.
(Source: P.A. 81‑1085.)

    (305 ILCS 5/12‑21.2) (from Ch. 23, par. 12‑21.2)
    Sec. 12‑21.2. Supervisors of general assistance in counties under township organization ‑ Other staffing. In counties under township organization, the supervisors of the respective towns therein shall be ex officio Supervisors of General Assistance of their towns. The Supervisor of General Assistance shall appoint such other employees as may be necessary to provide public aid under Article VI and prescribe their compensation and duties.
(Source: P.A. 81‑1085.)

    (305 ILCS 5/12‑21.3) (from Ch. 23, par. 12‑21.3)
    Sec. 12‑21.3. (Repealed).
(Source: P.A. 83‑333. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑21.4) (from Ch. 23, par. 12‑21.4)
    Sec. 12‑21.4. Supervisor of general assistance in incorporated town which has superseded a civil township‑Other staff.
    In an incorporated town which has superseded a civil township, the supervisor of such incorporated town shall be ex officio Supervisor of General Assistance. The governing body of the incorporated town may by ordinance provide for the appointment of other employees as may be necessary to provide public aid under Article VI, and fix their compensation.
(Source: Laws 1967, p. 122.)

    (305 ILCS 5/12‑21.5) (from Ch. 23, par. 12‑21.5)
    Sec. 12‑21.5. Veterans Assistance Commission as local governmental unit.
    In counties having less than 3 million inhabitants in which there is created a County Veterans Assistance Commission, the Superintendent of Veterans Assistance shall be selected and other employees appointed as provided in Section 10 of the Military Veterans Assistance Act and the compensation of the Superintendent and other employees shall be as therein provided.
(Source: P.A. 87‑796.)

    (305 ILCS 5/12‑21.6) (from Ch. 23, par. 12‑21.6)
    Sec. 12‑21.6. Compensation and standards of employees of local governmental units receiving state funds. In any local governmental unit receiving State funds for public aid purposes under Article VI, the number and compensation rates and standards of competence, performance, and tenure of all employees or other persons paid from public aid funds, including the compensation rates of the persons serving as or designated as Supervisor of General Assistance if such person is paid in whole or in part from public aid funds, shall be subject to review and approval of the Illinois Department.
(Source: P.A. 81‑1085.)

    (305 ILCS 5/12‑21.7) (from Ch. 23, par. 12‑21.7)
    Sec. 12‑21.7. Limitations on political activities.
    In any local governmental unit receiving State funds, each employee whose duties pertain to determination of eligibility for or the amount of public aid is prohibited from engaging in at any time, whether during or outside of regular working hours, any of the following activities:
    1. Using or threatening to use the influence or authority of his position to coerce or to persuade any person to follow any course of political action.
    2. Soliciting money from any person for any political purpose.
    3. Selling or distributing tickets for political meetings.
    4. Assisting at the polls in behalf of any party or party‑designated candidate on any election day.
    5. Initiating or circulating petitions on behalf of a candidate.
    6. Distributing campaign literature or material in behalf of any candidate.
    Any employee who engages in the foregoing proscribed political activities shall be subject to immediate discharge in accordance with the procedures controlling his position. If an employee engages in such activities at the request or direction of any officer or officers of the local governmental unit, or if the governmental unit fails to initiate procedures for the dismissal of an employee who persists in such activities, the Illinois Department may withhold the payment of any further State funds to the local governmental unit until the governmental unit has established that its actions are in full accord with the objectives of this Section.
(Source: Laws 1967, p. 122.)

    (305 ILCS 5/12‑21.8) (from Ch. 23, par. 12‑21.8)
    Sec. 12‑21.8. Duties of supervisors of general assistance. Except for the Supervisor of General Assistance who is the Director of the County Department of Public Aid, the Supervisor of General Assistance shall receive and pay out moneys raised by taxes or allocated by the State for public aid purposes and shall provide public aid to all persons eligible therefor under Article VI of this Code. State and municipal funds for General Assistance purposes in a city, village or incorporated town of more than 500,000 population shall be received and disbursed as provided in Section 12‑10.
    The Supervisor of General Assistance shall keep such records and submit annually and at such other times as their respective county boards, city councils, board of trustees, or board of town trustees may require, reports relating to the administration of such public aid programs as are the responsibility of the local governmental unit under this Code, prepared in such form as may be directed by such agencies.
    On or before the 15th day of each calendar month, Supervisors of General Assistance shall submit to the Illinois Department full itemized reports of all receipts and expenditures of moneys for public aid and the costs of administration under Article VI of this Code during the prior calendar month, together with such other reports as the Illinois Department may require. The Illinois Department may audit the books and records dealing with such public aid programs at such times as it deems necessary.
(Source: P.A. 82‑783.)

    (305 ILCS 5/12‑21.9) (from Ch. 23, par. 12‑21.9)
    Sec. 12‑21.9. Limitations on indebtedness. No indebtedness shall be incurred by any Supervisor of General Assistance in excess of taxes levied for public aid purposes and uncollected, or for the payment of which funds are not currently available, without the consent of the city council or board of trustees, board of town trustees, or county board, as the case may be.
(Source: P.A. 82‑783.)

    (305 ILCS 5/12‑21.10) (from Ch. 23, par. 12‑21.10)
    Sec. 12‑21.10. Default and misappropriation of funds; Removal of supervisor; Conditions requiring appointment of interim supervisor. If the Supervisor of General Assistance is a defaulter and in arrears with the governmental unit, or has misused, misappropriated, or converted to his own use or the use of any other person any of the funds of the unit, or is guilty of any other misconduct in office, the governing body of the governmental unit, and in the case of a township, the board of town trustees, may remove him as Supervisor of General Assistance and appoint a suitable person to be the supervisor therein; provided, that for a township containing 4,000 inhabitants or more, upon written request of the township supervisors, the board of town trustees may appoint a Supervisor of General Assistance who is a resident of such township, and fix his compensation and term of office, which shall not exceed the term of the board.
    If, as provided in Section 12‑21.18, the Illinois Department has ordered the withholding of State funds for failure of the governmental unit to comply with the Department's rules and regulations, the governing body of the governmental unit, and in the case of a township, the board of town trustees, upon written order of the Illinois Department shall appoint an Interim Supervisor of General Assistance, acceptable to the Illinois Department, to serve as Supervisor of General Assistance for the governmental unit until such time as the policies and procedures of the unit are determined by the Department to be in compliance with its rules. If, after a reasonable time as determined by the Illinois Department, the governmental unit or agency to which such order is directed fails to make an appointment, or appoints a person who is not acceptable to the Illinois Department, the Public Aid Committee, established under Section 11‑8, of the county in which the governmental unit is located, upon written order of the Illinois Department, shall appoint an Interim Supervisor, which appointment shall be subject to the approval of the Illinois Department.
    The appointing authority shall fix the compensation of the Interim Supervisor of General Assistance, subject to approval of the Illinois Department, which shall be payable from the general assistance fund of the local governmental unit.
    An Interim Supervisor of General Assistance may be removed and another person appointed in his place in the same manner and for the same reasons as in the case of an initial appointment of an Interim Supervisor.
    The Illinois Department shall not order the appointment of an Interim Supervisor of General Assistance if the local governmental unit takes such action as the Department considers to have established satisfactory compliance with its rules, and a reasonable time, to be determined by the Department, shall be allowed the governmental unit to establish such compliance.
    If an Interim Supervisor of General Assistance has been appointed, he shall exercise all the powers of that office in respect to the administration of general assistance, and shall have the sole authority to disburse State and local funds available for this purpose. If the governmental unit thereafter takes such action to assure the Department that it will comply with the Department's rules, the service of the Interim Supervisor shall be terminated.
(Source: P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑21.11) (from Ch. 23, par. 12‑21.11)
    Sec. 12‑21.11. Bonds. Every Supervisor of General Assistance, including an Interim Supervisor of General Assistance appointed as provided in Section 12‑21.10, shall execute to the governmental unit which he serves an official bond in a penal sum and with sureties to be fixed and approved by the governing body thereof, and, in the case of a township, as fixed and approved by the board of town trustees, conditioned for the faithful discharge of his duties and the due application of all funds and property which shall come to his hands as such Supervisor. If the local governmental unit receives State funds in accordance with the provisions of this Code, the amount and surety of the bond shall be subject to the further approval of the Illinois Department.
(Source: P.A. 82‑783.)

    (305 ILCS 5/12‑21.12) (from Ch. 23, par. 12‑21.12)
    Sec. 12‑21.12. Actions against local governmental units ‑ Intervention of Attorney General. In any action against a local governmental unit to recover expenditures alleged to be the responsibility of the governmental unit under Article VI of this Code, the Supervisor of General Assistance of such governmental unit shall notify the Illinois Department of the filing of the action. If the governmental unit was a recipient of State funds for public aid purposes during all or part of the period of the expenditures for which the action is brought, or if, as a result of the action, the governmental unit may qualify for and request State funds, the Attorney General shall be permitted to intervene and participate in the action in order to protect the State's interest therein.
(Source: P.A. 81‑1085.)

    (305 ILCS 5/12‑21.13) (from Ch. 23, par. 12‑21.13)
    Sec. 12‑21.13. Local funds required to qualify for state aid. To qualify for State funds to supplement local funds for public aid purposes, a local governmental unit shall, except as hereinafter provided, levy within the time that such levy is authorized to be made a tax of an amount which, when added to the unobligated balance available for such purposes at the close of the fiscal year preceding the fiscal year for which the tax is levied will equal .10% of the last known total equalized value of all taxable property in the governmental unit.
    In a county of less than 3 million population in which there is created a County Veterans Assistance Commission, the county shall levy for assistance to military veterans and their families, within the time that such levy is authorized to be made, a tax of an amount which, when added to the unobligated balance available for such purpose at the close of the preceding fiscal year will equal .02% of the last known assessed value of the taxable property in the county, or which will equal .03% of such assessed value if such higher amount is authorized by the electors of the county, as provided in Section 5‑2006 of the Counties Code.
    If, however, at the latest date in the year on which the aforesaid taxes are authorized to be levied there is in the unobligated balance of the local governmental unit an amount equal to .10%, or .02% in the case of Veterans' Assistance, of the last known total equalized value of all taxable property in the governmental unit, then no tax need be levied in that year in order for the local governmental unit to qualify for State funds.
    In determining the amount of the unobligated balance which is to be applied in producing the required levy for receipt of State funds, or which is to be applied in determining whether a tax levy is required, there shall be deducted from the gross unobligated balance of funds available at the close of the preceding fiscal year the total amount of State funds allocated to the governmental unit during that year and the total amount of any monies transferred to a township's general town fund under Section 235‑20 of the Township Code during that year, and only the remainder shall be considered in determining the amount of the deficiency needed to produce an amount equal to the qualifying levy for the current year.
(Source: P.A. 87‑796; 88‑670, eff. 12‑2‑94.)

    (305 ILCS 5/12‑21.14) (from Ch. 23, par. 12‑21.14)
    Sec. 12‑21.14. Requirements; review by Illinois Department; allocations. The County Board of each county or a duly appointed committee thereof, or any other county agency designated by the County Board, shall by the last day of each month submit to the Illinois Department an itemized statement showing, for all local governmental units therein except a city, village or incorporated town of more than 500,000 population, assistance furnished in the county under Article VI of this Code during the previous month and the expenses for the administration thereof, and the actual revenues available through taxation by the local governmental units. If the Illinois Department has reason to believe that the amounts submitted by any county are excessive, it may require appropriate officials of the county to appear before it and substantiate the amounts to the satisfaction of the Department.
    The Illinois Department shall review these amounts and shall determine and allocate to the several counties the amounts necessary to supplement local funds actually available for public aid purposes. There shall be a yearly reconciliation of amounts allocated to the local governmental units by the Illinois Department to supplement local funds.
    If, because of circumstances beyond the local governmental unit's control, such as a sudden caseload increase or an unexpected increase in the administrative expenses, a local governmental unit has insufficient local funds actually available to furnish assistance or pay administrative expenses, the Illinois Department shall provide a special allocation of funds to the local governmental unit to meet the need. In calculating the need for a special allocation, the Illinois Department shall take into consideration the amount of funds legally available from the taxes levied by the local governmental unit for public aid purposes and any available unobligated balances.
    If a local governmental unit has not received State funds for public aid purposes for at least 84 consecutive months immediately prior to its request for State funds, the Illinois Department shall not consider as a legally available resource of the governmental unit public aid funds, or the proceeds of public aid taxes and tax anticipation warrants which may have been transferred or expended during such period for other purposes.
    Except as hereinafter provided, State allocations shall be paid to the County Treasurer for disbursement to local governmental units as certified by the Illinois Department. Until January 1, 1974, moneys allocated by the Illinois Department for General Assistance purposes in a city, village or incorporated town of more than 500,000 population and moneys received from the Treasurer of the municipality from taxes levied for General Assistance purposes in the municipality and other moneys and funds designated in Section 11‑43‑2 of the Illinois Municipal Code shall be paid into the special fund established by the County Treasurer of the county in which the municipality is located and retained for disbursement by the Director of the County Department of Public Aid serving as Supervisor of General Assistance for the municipality.
    On January 1, 1974, or as soon thereafter as is feasible but not later than January 1, 1975, the County Treasurer shall transfer to the Special Purposes Trust Fund established by Section 12‑10 of this Code all State and municipal moneys remaining in or due to the special fund of the County Treasury. After December 31, 1973, but not later than June 30, 1979, State allocations and municipal funds for General Assistance purposes in such a municipality, and other moneys and funds designated by Section 11‑43‑2 of the Illinois Municipal Code, shall be paid into the Special Purposes Trust Fund and disbursed as provided in Section 12‑10. State and municipal moneys paid into the Special Purposes Trust Fund under the foregoing provision shall be used exclusively for (1) furnishing General Assistance within the municipality; (2) the payment of administrative costs; and (3) the payment of warrants issued against and in anticipation of taxes levied by the municipality for General Assistance purposes, and the accrued interest thereon. After June 30, 1979, moneys and funds designated by Section 11‑43‑2 of the Illinois Municipal Code, shall be paid into the General Revenue Fund as reimbursement for appropriated funds disbursed.
(Source: P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/12‑21.16) (from Ch. 23, par. 12‑21.16)
    Sec. 12‑21.16. Administrative costs. In any local governmental unit receiving State funds, moneys expended for costs of administration, exclusive of any compensation paid to the Supervisor of General Assistance from funds other than public aid funds, shall not exceed amounts which have been submitted to and approved by the Illinois Department.
    If a local governmental unit is a participating municipality in the Illinois Municipal Retirement Fund created by Article 7 of the "Illinois Pension Code", its estimate of administrative expenses may include amounts required as contributions by the governmental unit in behalf of its employees engaged in the administration of public aid for retirement annuity purposes for current service rendered by such employees on and after July 1, 1953, provided the governmental unit has levied a tax at a rate not less than one‑half the maximum rate authorized under Section 7‑171 of the aforesaid Article.
    Contributions for retirement annuity purposes of employees of the County Department engaged in administration of General Assistance for such a municipality shall be met from funds appropriated for the State contribution to the State Employees Retirement System under Article 14 of the "Illinois Pension Code".
    The contributions of a governmental unit for retirement annuity purposes which are authorized to be included in estimates of administrative expenses shall include Social Security contributions for which the unit is obligated under the Illinois Municipal Retirement Fund created by Article 7 of the Illinois Pension Code, or if the governmental unit is not a participating municipality in that Fund, the Social Security contributions for which it is obligated pursuant to an agreement executed under Article 21 of the Illinois Pension Code. In like manner, if the retirement fund established under Article 9 of the Illinois Pension Code becomes obligated for Social Security employer contributions, the estimated expenses of the County Department may include the Social Security contributions together with the regular contributions for which the county is obligated.
    A local governmental unit receiving State funds may include in its estimate of administrative expenses obligations assumed by it for insurance premiums or charges for group life or health insurance, or both, for employees of the local governmental unit, for any such employees who retire or who had retired on or after January 1, 1966, and for dependents receiving an annuity as survivors of such employees or retired employees if the governmental unit has so acted under Section 3 of "An Act defining the powers and duties of local governmental agencies to pay premiums and costs or portions thereof, and to withhold parts of employee and elected or appointed official compensation to provide insurance or retirement benefits for employees and appointed or elected officials", approved August 16, 1963, as amended, or has so acted in exercise of its powers as a home rule unit. The amount included for this purpose in the estimate of administrative expenses shall not exceed the comparable insurance premiums or charges per employee, retiree, or survivor currently paid by the State of Illinois for State employees under the "State Employees Group Insurance Act of 1971".
(Source: P. A. 78‑1297.)

    (305 ILCS 5/12‑21.17) (from Ch. 23, par. 12‑21.17)
    Sec. 12‑21.17. Supervision by Illinois Department. If a local governmental unit receives State funds for public aid purposes under Article VI its administration, including the use of local resources, shall be subject to the supervision and the rules and regulations of the Illinois Department. The Department shall also supervise the setting of the local uniform budget standard and its enforcement.
    Such units and the officers thereof shall deliver to the Illinois Department for examination and inspection all books, records, accounts, and other documents which the Department requires.
(Source: P.A. 81‑1085.)

    (305 ILCS 5/12‑21.18) (from Ch. 23, par. 12‑21.18)
    Sec. 12‑21.18. Non‑compliance with rules of the Illinois Department. If a local governmental unit subject to the supervision of the Illinois Department is, in the determination of the Department, refusing or failing to comply with the Department's rules and regulations, the Illinois Department shall give notice promptly by United States registered or certified mail to the Supervisor of General Assistance or other proper officer of such unit of the rules which are not being observed and give the governmental unit or its designated representative an opportunity to appear before it and substantiate its position in respect to the rule or rules at issue.
    If within 5 days after such notice, the local governmental unit continues to refuse or fails to comply with the Department's rules, or fails to avail itself of the opportunity offered for a hearing before the Department, the Department shall instruct the County Treasurer of the County in which the governmental unit is located to withhold the payment of any further State funds until he receives notice from the Department to release the funds.
    The Illinois Department may suspend an order for the withholding of funds (1) if the governmental unit takes such action as the Department considers to have established satisfactory compliance with its rules or (2) upon appointment of an Interim Supervisor of General Assistance, as directed by the provisions of Section 12‑21.10.
    The provisions of the Administrative Review Law, as amended, and the rules adopted pursuant thereto, shall apply to and govern proceedings for the judicial review of final administrative decisions of the Illinois Department under this Section. The term "administrative decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
(Source: P.A. 82‑783.)

    (305 ILCS 5/12‑21.20) (from Ch. 23, par. 12‑21.20)
    Sec. 12‑21.20. Destruction of Obsolete Records. Obsolete records, documents, papers, and memoranda pertaining to public aid under Article VI may be destroyed or otherwise disposed of by local governmental units at any time subsequent to the expiration of 5 years after the matters to which they relate have been concluded.
(Source: P.A. 92‑111, eff. 1‑1‑02.)

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