101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3042

 

Introduced , by Rep. Michael D. Unes

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/11-4  from Ch. 23, par. 11-4

    Amends the Illinois Public Aid Code. Provides that the Department of Human Services shall have the power to subpoena witnesses and compel the production of documents relating to applications for public assistance, which shall include the power to subpoena any and all evidence necessary to process applications for medical assistance under this Code. Provides that any person who otherwise fails to respond to a subpoena or who knowingly provides false information to the Department during an investigation is guilty of a Class A misdemeanor. Provides that an attorney representing an applicant or authorized representative admitted to practice in the State of Illinois may issue subpoenas on behalf of the Department for witnesses and documents relevant to the application. Provides that the authorization of the Department is not required to obtain the issuance by an attorney of a subpoena. Requires the Department to adopt rules necessary to allow the issuance of subpoenas including, but not limited to, the creation of a form subpoena for use by attorneys.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 11-4 as follows:
 
6    (305 ILCS 5/11-4)  (from Ch. 23, par. 11-4)
7    Sec. 11-4. Applications; assistance in making
8applications. An application for public assistance shall be
9deemed an application for all such benefits to which any person
10may be entitled except to the extent that the applicant
11expressly declines in writing to apply for particular benefits.
12The Illinois Department shall provide information in writing
13about all benefits provided under this Code to any person
14seeking public assistance. The Illinois Department shall also
15provide information in writing and orally to all applicants
16about an election to have financial aid deposited directly in a
17recipient's savings account or checking account or in any
18electronic benefits account or accounts as provided in Section
1911-3.1, to the extent that those elections are actually
20available, including information on any programs administered
21by the State Treasurer to facilitate or encourage the
22distribution of financial aid by direct deposit or electronic
23benefits transfer. The Illinois Department shall determine the

 

 

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1applicant's eligibility for cash assistance, medical
2assistance and food stamps unless the applicant expressly
3declines in writing to apply for particular benefits. The
4Illinois Department shall adopt policies and procedures to
5facilitate timely changes between programs that result from
6changes in categorical eligibility factors.
7    The County departments, local governmental units and the
8Illinois Department shall assist applicants for public
9assistance to properly complete their applications. Such
10assistance shall include, but not be limited to, assistance in
11securing evidence in support of their eligibility.
12    The Department shall have the power to subpoena witnesses
13and compel the production of documents relating to applications
14for public assistance. This shall include the power to subpoena
15any and all evidence necessary to process applications for
16medical assistance under this Code. Any person who otherwise
17fails to respond to a subpoena or who knowingly provides false
18information to the Department during an investigation is guilty
19of a Class A misdemeanor. An attorney representing an applicant
20or authorized representative admitted to practice in the State
21of Illinois may issue subpoenas on behalf of the Department for
22witnesses and documents relevant to the application. The
23authorization of the Department is not required to obtain the
24issuance by an attorney of a subpoena. The Department shall
25adopt rules necessary to allow the issuance of subpoenas
26including, but not limited to, the creation of a form subpoena

 

 

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1for use by attorneys.
2(Source: P.A. 88-232.)