HB2373ham002 94TH GENERAL ASSEMBLY

Rep. William Delgado

Filed: 4/5/2005

09400HB2373ham002 LRB094 06396 DRJ 44328 a

AMENDMENT TO HOUSE BILL 2373

AMENDMENT NO. ______. Amend House Bill 2373, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Public Aid Code is amended by changing Sections 11-4, 11-6, 11-15, 11-16, 11-28, and 12-4.4 and by adding Section 12-4.7e as follows:

(305 ILCS 5/11-4) (from Ch. 23, par. 11-4)

Sec. 11-4. Applications; assistance in making applications. An application for public assistance shall be deemed an application for all such benefits to which any person may be entitled except to the extent that the applicant expressly declines in writing to apply for particular benefits. The Illinois Department shall provide information in writing about all benefits provided under this Code to any person seeking public assistance. The Illinois Department shall also provide information in writing and orally to all applicants about an election to have financial aid deposited directly in a recipient's savings account or checking account or in any electronic benefits account or accounts as provided in Section 11-3.1, to the extent that those elections are actually available, including information on any programs administered by the State Treasurer to facilitate or encourage the distribution of financial aid by direct deposit or electronic benefits transfer. The Illinois Department shall determine the applicant's eligibility for cash assistance, medical assistance and food stamps unless the applicant expressly declines in writing to apply for particular benefits. The Illinois Department shall adopt policies and procedures to facilitate timely changes between programs that result from changes in categorical eligibility factors.

The County departments, local governmental units and the Illinois Department shall assist applicants for public assistance to properly complete their applications. Such assistance shall include, but not be limited to, assistance in securing evidence in support of their eligibility.

The application process described in this Section and in Sections 11-5, 11-6, and 11-15 shall be completed before and separately from the provision of and coordination of social and employment services under Article IX or IXA. Service coordination under those Articles or otherwise shall begin no later than 2 weeks after a favorable determination on an application for assistance. The Illinois Department may provide by rule for exceptions to this requirement with respect to programs and services designed to address emergencies. The Department shall modify application forms and procedures, as necessary, to conform to this paragraph.

(Source: P.A. 88-232.)

(305 ILCS 5/11-6) (from Ch. 23, par. 11-6)

Sec. 11-6. Decisions on applications. Within 10 days after a decision is reached on an application, the applicant shall be notified in writing of the decision. The Department shall consider eligibility for, and the notice shall contain a decision on, each of the following assistance programs for which the client may be eligible based on the information contained in the application: Temporary Assistance to Needy Families, Medical Assistance, Aid to the Aged, Blind and Disabled, General Assistance (in the City of Chicago), and food stamps. No decision shall be required for any assistance program for which the applicant has expressly declined in writing to apply. If the applicant is determined to be eligible, the notice shall include a statement of the amount of financial aid to be provided and a statement of the reasons for any partial grant amounts. If the applicant is determined ineligible for any public assistance the notice shall include the reason why the applicant is ineligible. If the application for any public assistance is denied, the notice shall include a statement defining the applicant's right to appeal the decision. The Illinois Department, by rule, shall determine the date on which assistance shall begin for applicants determined eligible, but that date shall be no later than the date on which eligibility is determined or . That date may be no later than 30 days after the date of the application, whichever is earlier.

Under no circumstances may any application be denied solely to meet an application-processing deadline.

(Source: P.A. 90-17, eff. 7-1-97.)

(305 ILCS 5/11-15) (from Ch. 23, par. 11-15)

Sec. 11-15. Application requirements.

(1) An application for financial aid shall be filed in writing by the person requesting aid and, in the case of a request for family aid, by the head of that family, except as otherwise permitted in paragraph (2). Applications for aid under Articles III, IV, and V shall be filed in writing with the county department of the county in which the applicant resides in the manner prescribed by the Illinois Department. Applications for aid under Article VI shall be filed in writing with the local governmental unit upon forms approved by the Illinois Department.

Each applicant shall provide information as to the amount of property, real and personal, owned by him or her within the period of time preceding the application as required under Sections 3-1.3, 4-1.11, and 5-2.1 of this Code. The applicant shall also furnish information concerning all income, money contributions, and other support from any source, and the beneficiary and the amount or cash surrender or loan value of all insurance policies held by himself or herself or any member of his family for whom aid is requested.

(2) An application, in all instances to be in writing, may be filed in behalf of a person considered to be in need of financial aid under Articles III, IV, V, or VI only if the person

(a) has been adjudged to be under legal disability; or

(b) is unable because of minority or physical or mental disability, to execute the application; or

(c) in the case of need for funeral and burial, died before an application was filed and the application is filed not more than 30 days after the person's death, excluding the day on which the death occurred.

Applications in behalf of persons specified in (a) and (b) shall be filed by the applicant's legal guardian or, if a guardian has not been appointed or the applicant has no legal guardian or the guardian is not available, by a relative or other person, acceptable under the rules of the Illinois Department, who is able to furnish the required information. Applications in behalf of persons specified in (c) shall be filed by any next of kin of the deceased who is not under legal disability or, if there are no such next of kin or they are unknown or unavailable, by a person, acceptable under the rules of the Illinois Department, who is able to furnish the required information.

(3) The application shall contain a written declaration to be signed by the applicant, or in behalf of the applicant by a person qualified under paragraph (2), in substantially the following form, the parenthetical references being applicable to an application filed by a person in behalf of the applicant:

"I declare under penalties of perjury that I have examined this form and all accompanying statements or documents pertaining to the income and resources of myself (the applicant) or any member of my family (the applicant's family) included in this application for aid, or pertaining to any other matter having bearing upon my (the applicant's) eligibility for aid, and to the best of my knowledge and belief the information supplied is true, correct, and complete".

The Department shall provide by rule for a system under which signatures on applications may be submitted in person or by mail, facsimile, or electronic transmission. Any such signature shall be sufficient to commence the application process regardless of any requirement for subsequent verification that the Department may adopt. The Department shall ensure that each client who visits a Department office, authorized agent, or community-based organization partnering with the Department to apply for benefits is provided an application and requested to complete his or her name and the date and to sign the application to begin the application process that same day.

(4) If an application for financial aid is filed for a family, and any person in that family is under 18 years of age, the application shall be accompanied by the following for each such person under 18 years of age:

(i) a copy of the person's birth certificate, or

(ii) other reliable proof, as determined by the Department, of the person's identity and age.

The Department may allow an applicant to establish age and citizenship by declaring the information and providing a Social Security Number, provided that applicants who are applying for family members and not for themselves may not be required to provide a Social Security Number.

(5) The Illinois Department shall provide information to all families, orally by an intake worker and in writing when the application is filed, about the availability and location of immunization services.

(6) An application for any assistance under this Code may be filed at any local office of the Department of Human Services. Following the initial eligibility determination, a recipient may choose to have his or her case assigned to any Department office. Within 5 days after the assignment of a case, the Department shall assign a caseworker, make appropriate case entries into the computer system, and generate a letter to the recipient containing the name and contact information for the caseworker.

(Source: P.A. 92-111, eff. 1-1-02.)

(305 ILCS 5/11-16) (from Ch. 23, par. 11-16)

Sec. 11-16. Changes in grants; cancellations, revocations, suspensions.

(a) All grants of financial aid under this Code shall be considered as frequently as may be required by the rules of the Illinois Department. The Department of Public Aid shall consider grants of financial aid to children who are eligible under Article V of this Code at least annually and shall take into account those reports filed, or required to be filed, pursuant to Sections 11-18 and 11-19. The Department shall accept reports of the income of families eligible under Article V made under this Section or Section 11-18 or 11-19 without requiring supporting documentation such as pay stubs. The Department may conduct subsequent investigations of the accuracy of those reports through computer cross-matches or other means, however. To the extent an in-person visit is not required by law, the Department shall, by rule, provide procedures by which recipients under any program covered by this Code will have the option to complete eligibility redeterminations and provide the reports required pursuant to Sections 11-18 and 11-19 in person or by mail, telephone, facsimile, or electronic transmission.

After such investigation as may be necessary, the amount and manner of giving aid may be changed or the aid may be entirely withdrawn if the County Department, local governmental unit, or Illinois Department finds that the recipient's circumstances have altered sufficiently to warrant such action. Financial aid may at any time be canceled or revoked for cause or suspended for such period as may be proper.

On and after January 1, 2006, (i) to the extent permitted by federal law, regulations, and requirements for maximum federal financial participation and (ii) to the extent that it does not result in reduced benefits for program participants, the Department of Public Aid and the Department of Human Services shall coordinate redeterminations of eligibility for multiple programs, and, to that end, the Departments shall utilize information from an eligibility redetermination for any means-tested benefit program administered by either Department to simultaneously redetermine eligibility for all other benefit programs administered by either Department in which the recipient participates.

(b) Whenever any such grant of financial aid is cancelled, revoked, reduced, or terminated because of the failure of the recipient to cooperate with the Department, including but not limited to the failure to keep an appointment, attend a meeting, or produce proof or verification of eligibility or need, the grant shall be reinstated in full, retroactive to the date of the change in or termination of the grant, provided that within 10 working days after the first day the financial aid would have been available, the recipient cooperates with the Department and is not otherwise ineligible for benefits for the period in question. This subsection (b) does not apply to sanctions imposed for the failure of any recipient to participate as required in the child support enforcement program or in any educational, training, or employment program under this Code or any other sanction under Section 4-21, nor does this subsection (b) apply to any cancellation, revocation, reduction, termination, or sanction imposed for the failure of any recipient to cooperate in the monthly reporting process or the quarterly reporting process.

(Source: P.A. 91-357, eff. 7-29-99; 92-597, eff. 6-28-02.)

(305 ILCS 5/11-28) (from Ch. 23, par. 11-28)

Sec. 11-28. Recipient Bill of Rights. The Illinois Department shall promulgate a Bill of Rights for Public Aid recipients which provides basic information about financial and medical assistance and other social services which are available through the Illinois Department and the rights of recipients of and applicants for assistance or social services to due process in reviewing and contesting decisions or actions of the Illinois Department or a County Department. The Bill of Rights also shall contain provisions to insure that all recipients and applicants are treated with dignity and fairness. Copies of the Bill of Rights shall be prominently posted in each County Department and other local service office maintained by the Illinois Department or a County Department so that it will be legible to recipients and applicants.

The Department of Human Services shall create a telephone hotline of recorded messages containing the information in the recipient Bill of Rights and any other important information about programs and policies and client rights and responsibilities. The messages shall be in English and Spanish, and the hotline shall also provide for a referral for translation assistance for those whose primary language is neither English nor Spanish.

(Source: P.A. 87-528.)

(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. To the extent allowed by federal law governing the food stamp program, the Department shall by rule provide that eligibility periods for food stamp cases with earned income shall cover a full year after the initial application is approved and shall undergo eligibility recertification at one-year intervals thereafter. If, within the year of eligibility, the circumstances of the recipient change, resulting in eligibility for increased benefits, the recipient may request an increase in benefits form the Department based on the changed circumstances. This request need not be in writing. The Department may provide by rule for categories of exceptions involving more frequent recertifications to minimize errors or fraud. The Department may, by rule, allow for a longer period of time between eligibility redeterminations for an individual, household, or family that is eligible for a longer certification period under federal law or waiver. To the extent allowed by federal law, the Department shall offer clients the option to complete any necessary eligibility or recertification interviews for the food stamp program in person or by telephone. The Department of Human Services shall conduct these interviews in the manner chosen by the client, except that the Department may specify by rule other exceptions indicated by an applicant's or recipient's circumstances that require an in-person interview.

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 federal minimum wage 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 federal minimum wage and subsequently shall earn minimum wage assistance 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. 92-111, eff. 1-1-02.)

(305 ILCS 5/12-4.7e new)

Sec. 12-4.7e. Counting of income; task force.

(a) The General Assembly has created a number of programs that provide benefits and services to low-income people and families designed to encourage, support, and sustain their efforts to improve their economic status through employment. The General Assembly finds that, because of complex program rules, agency staffing challenges, and other administrative infrastructure issues, these programs are not being accessed in a timely way by many eligible people. As a result, the intended purposes of these programs are not being accomplished to the fullest extent possible. People who may have been able to sustain work or improve their earnings if they had gotten the intended help from these programs are unable to do so. The changes made by this amendatory Act of the 94th General Assembly are intended to simplify program rules, improve administrative infrastructure to deliver the programs, and increase the timely utilization of the programs among eligible people.

(b) The Department of Public Aid and the Department of Human Services shall convene a task force to formulate a plan to simplify and make as uniform as possible the rules governing the counting of income for purposes of determining eligibility and benefit levels in means-tested public benefit programs for which the 2 departments are responsible. The task force shall take into account and balance the following factors: (i) the need to comply with federal law and regulations or seek waivers of federal law and regulations in order to maximize federal financial participation; and (ii) the need to minimize administrative tasks for employees of and contractors with the 2 departments. If waivers of federal law and regulations are needed in order to maximize the goals of simplification and uniformity without loss of federal financial participation, the plan shall include the elements and timing of such waivers. In any event, changes adopted to promote simplification and uniformity must not decrease the overall State investment in these programs and must not result in a net decrease in benefits for the substantial majority of recipients. The task force shall complete its plan so that the 2 departments can propose and adopt rule changes that will take effect no later than July 1, 2006, except to the extent that the changes depend on approval of waivers by the federal government, in which case the changes shall be effective upon approval of those waivers. The departments shall provide or arrange for staff support for the task force.

Section 99. Effective date. This Act takes effect upon becoming law.".