HB3042 101ST GENERAL ASSEMBLY

LRB101 06842 KTG 56083 b

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by changing Section 11-4 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 Department shall have the power to subpoena witnesses and compel the production of documents relating to applications for public assistance. This shall include the power to subpoena any and all evidence necessary to process applications for medical assistance under this Code. 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. 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. The authorization of the Department is not required to obtain the issuance by an attorney of a subpoena. The Department shall adopt rules necessary to allow the issuance of subpoenas including, but not limited to, the creation of a form subpoena for use by attorneys.

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