Public Act 103-0688
 
HB5084 EnrolledLRB103 39089 KTG 69227 b

    AN ACT concerning State government. 
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Department of Human Services Act is amended 
by changing Section 10-25 as follows:
 
    (20 ILCS 1305/10-25)
    Sec. 10-25. Women, Infants, and Children Nutrition 
Program. 
    (a) The Department shall participate in the Women, Infants 
and Children Nutrition program of the federal government to 
the maximum extent permitted by the federal appropriation and 
allocation to the State of Illinois. In order to efficiently 
process electronically issued WIC benefits, the Department may 
use an account held outside of the state treasury for the 
deposit and issuance of WIC benefits. The Department shall 
report quarterly to the Governor and the General Assembly the 
status of obligations and expenditures of the WIC nutrition 
program appropriation and make recommendations on actions 
necessary to expend all available federal funds. Other 
appropriations and funds from any public or private source in 
addition to federal funds may be used by the Department for the 
purpose of maximum participation in the WIC nutrition program.
    (b) The Department shall maintain a drug abuse education 
program for participants in the Women, Infants and Children 
Nutrition Program. The program shall include but need not be 
limited to (1) the provision of information concerning the 
dangers of drug abuse and (2) the referral of participants who 
are suspected drug abusers to drug abuse clinics, treatment 
programs, counselors or other drug abuse treatment providers.
    (c) The Department shall cooperate with the Department of 
Public Health for purposes of the smoking cessation program 
for participants in the Women, Infants and Children Nutrition 
Program maintained by the Department of Public Health under 
Section 2310-435 of the Department of Public Health Powers and 
Duties Law (20 ILCS 2310/2310-435).
    (d) The Department may contract with any bank as defined 
by the Illinois Banking Act to redeem bank drafts issued by the 
Department under the United States Department of Agriculture 
Special Supplemental Food Program for Women, Infants and 
Children (WIC). Any bank with which the Department has entered 
into a contract to redeem bank drafts may receive, pursuant to 
an appropriation to the Department, an initial advance and 
periodic payment of funds for the Women, Infants and Children 
Program in amounts determined by the Secretary. 
Notwithstanding any other law, such funds shall be retained in 
a separate account by the bank. Any interest earned by monies 
in such account shall accrue to the USDA Women, Infants and 
Children Fund and shall be used exclusively for the redemption 
of bank drafts issued by the Department. WIC program food 
funds received by the bank from the Department shall be used 
exclusively for the redemption of bank drafts. The bank shall 
not use such food funds, or interest accrued thereon, for any 
other purpose including, but not limited to, reimbursement of 
administrative expenses or payments of administrative fees due 
the bank pursuant to its contract or contracts with the 
Department.
    Such initial and periodic payments by the Department to 
the bank shall be effected, pursuant to an appropriation, in 
an amount needed for the redemption of bank drafts issued by 
the Department under the United States Department of 
Agriculture Special Supplemental Food Program for Women, 
Infants and Children in any initial or succeeding period. The 
State Comptroller shall, upon presentation by the Secretary of 
adequate certification of funds needed for redemption of bank 
drafts, promptly draw a warrant payable to the bank for 
deposit to the separate account of the bank. Such 
certification may be in magnetic tape or computer output form, 
indicating the amount of the total payment made by the bank for 
the redemption of bank drafts from funds provided to the bank 
under this Section.
    The separate account of the bank established under this 
Section, any payments to that account, and the use of such 
account and funds shall be subject to (1) audit by the 
Department or a private contractor authorized by the 
Department to conduct audits, including but not limited to 
such audits as may be required by State law, (2) audit by the 
federal government or a private contractor authorized by the 
federal government, and (3) post audit pursuant to the 
Illinois State Auditing Act.
    (e) The Department may include a program of lactation 
support services as part of the benefits and services provided 
for pregnant and breast feeding participants in the Women, 
Infants and Children Nutrition Program. The program may 
include payment for breast pumps, breast shields, or any 
supply deemed essential for the successful maintenance of 
lactation, as well as lactation specialists who are registered 
nurses, licensed dietitians, or persons who have successfully 
completed a lactation management training program. 
    (f) The Department shall coordinate the operation of the 
Women, Infants and Children program with the Medicaid program 
by interagency agreement whereby each program provides 
information about the services offered by the other to 
applicants for services.
(Source: P.A. 101-636, eff. 6-10-20.)
 
    Section 10. The Illinois Public Aid Code is amended by 
changing Section 12-4.7b as follows:
 
    (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 to the extent 
available 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. 
Alternatively, the Department may utilize the option of 
purchasing incarceration data through a third-party resource 
in order to conduct data matches of incarcerated individuals. 
The Illinois Department of Corrections, the Cook County 
Department of Corrections, and the office of the sheriff of 
every other county shall honor all intergovernmental 
agreements with the Department under this Section and shall 
provide all required information in a timely manner. The 
Department shall review each individual prior to authorizing 
benefits at application and redetermination to verify 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. 101-115, eff. 7-22-19.)