Full Text of HB4730 93rd General Assembly
HB4730eng 93RD GENERAL ASSEMBLY
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| AN ACT concerning public aid.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Public Aid Code is amended by | 5 |
| changing Sections 5-2, 6-1.7, and 12-4.4 and by adding Section | 6 |
| 9A-15 as follows:
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| (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
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| Sec. 5-2. Classes of Persons Eligible. Medical assistance | 9 |
| under this
Article shall be available to any of the following | 10 |
| classes of persons in
respect to whom a plan for coverage has | 11 |
| been submitted to the Governor
by the Illinois Department and | 12 |
| approved by him:
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| 1. Recipients of basic maintenance grants under Articles | 14 |
| III and IV.
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| 2. Persons otherwise eligible for basic maintenance under | 16 |
| Articles
III and IV but who fail to qualify thereunder on the | 17 |
| basis of need, and
who have insufficient income and resources | 18 |
| to meet the costs of
necessary medical care, including but not | 19 |
| limited to the following:
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| (a) All persons otherwise eligible for basic | 21 |
| maintenance under Article
III but who fail to qualify under | 22 |
| that Article on the basis of need and who
meet either of | 23 |
| the following requirements:
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| (i) their income, as determined by the Illinois | 25 |
| Department in
accordance with any federal | 26 |
| requirements, is equal to or less than 70% in
fiscal | 27 |
| year 2001, equal to or less than 85% in fiscal year | 28 |
| 2002 and until
a date to be determined by the | 29 |
| Department by rule, and equal to or less
than 100% | 30 |
| beginning on the date determined by the Department by | 31 |
| rule, of the nonfarm income official poverty
line, as | 32 |
| defined by the federal Office of Management and Budget |
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| and revised
annually in accordance with Section 673(2) | 2 |
| of the Omnibus Budget Reconciliation
Act of 1981, | 3 |
| applicable to families of the same size; or
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| (ii) their income, after the deduction of costs | 5 |
| incurred for medical
care and for other types of | 6 |
| remedial care, is equal to or less than 70% in
fiscal | 7 |
| year 2001, equal to or less than 85% in fiscal year | 8 |
| 2002 and until
a date to be determined by the | 9 |
| Department by rule, and equal to or less
than 100% | 10 |
| beginning on the date determined by the Department by | 11 |
| rule, of the nonfarm income official poverty
line, as | 12 |
| defined in item (i) of this subparagraph (a).
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| (b) All persons who would be determined eligible for | 14 |
| such basic
maintenance under Article IV by disregarding the | 15 |
| maximum earned income
permitted by federal law.
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| 3. Persons who would otherwise qualify for Aid to the | 17 |
| Medically
Indigent under Article VII.
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| 4. Persons not eligible under any of the preceding | 19 |
| paragraphs who fall
sick, are injured, or die, not having | 20 |
| sufficient money, property or other
resources to meet the costs | 21 |
| of necessary medical care or funeral and burial
expenses.
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| 5. (a) Women during pregnancy, after the fact
of pregnancy | 23 |
| has been determined by medical diagnosis, and during the
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| 60-day period beginning on the last day of the pregnancy, | 25 |
| together with
their infants and children born after | 26 |
| September 30, 1983,
whose income and
resources are | 27 |
| insufficient to meet the costs of necessary medical care to
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| the maximum extent possible under Title XIX of the
Federal | 29 |
| Social Security Act.
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| (b) The Illinois Department and the Governor shall | 31 |
| provide a plan for
coverage of the persons eligible under | 32 |
| paragraph 5(a) by April 1, 1990. Such
plan shall provide | 33 |
| ambulatory prenatal care to pregnant women during a
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| presumptive eligibility period and establish an income | 35 |
| eligibility standard
that is equal to 133%
of the nonfarm | 36 |
| income official poverty line, as defined by
the federal |
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| Office of Management and Budget and revised annually in
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| accordance with Section 673(2) of the Omnibus Budget | 3 |
| Reconciliation Act of
1981, applicable to families of the | 4 |
| same size, provided that costs incurred
for medical care | 5 |
| are not taken into account in determining such income
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| eligibility.
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| (c) The Illinois Department may conduct a | 8 |
| demonstration in at least one
county that will provide | 9 |
| medical assistance to pregnant women, together
with their | 10 |
| infants and children up to one year of age,
where the | 11 |
| income
eligibility standard is set up to 185% of the | 12 |
| nonfarm income official
poverty line, as defined by the | 13 |
| federal Office of Management and Budget.
The Illinois | 14 |
| Department shall seek and obtain necessary authorization
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| provided under federal law to implement such a | 16 |
| demonstration. Such
demonstration may establish resource | 17 |
| standards that are not more
restrictive than those | 18 |
| established under Article IV of this Code.
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| 6. Persons under the age of 18 who fail to qualify as | 20 |
| dependent under
Article IV and who have insufficient income and | 21 |
| resources to meet the costs
of necessary medical care to the | 22 |
| maximum extent permitted under Title XIX
of the Federal Social | 23 |
| Security Act.
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| 7. Persons who are under 21 years of age and would
qualify | 25 |
| as
disabled as defined under the Federal Supplemental Security | 26 |
| Income Program,
provided medical service for such persons would | 27 |
| be eligible for Federal
Financial Participation, and provided | 28 |
| the Illinois Department determines that:
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| (a) the person requires a level of care provided by a | 30 |
| hospital, skilled
nursing facility, or intermediate care | 31 |
| facility, as determined by a physician
licensed to practice | 32 |
| medicine in all its branches;
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| (b) it is appropriate to provide such care outside of | 34 |
| an institution, as
determined by a physician licensed to | 35 |
| practice medicine in all its branches;
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| (c) the estimated amount which would be expended for |
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| care outside the
institution is not greater than the | 2 |
| estimated amount which would be
expended in an institution.
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| 8. Persons who become ineligible for basic maintenance | 4 |
| assistance
under Article IV of this Code in programs | 5 |
| administered by the Illinois
Department due to employment | 6 |
| earnings and persons in
assistance units comprised of adults | 7 |
| and children who become ineligible for
basic maintenance | 8 |
| assistance under Article VI of this Code due to
employment | 9 |
| earnings. The plan for coverage for this class of persons | 10 |
| shall:
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| (a) extend the medical assistance coverage for up to 12 | 12 |
| months following
termination of basic maintenance | 13 |
| assistance; and
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| (b) offer persons who have initially received 6 months | 15 |
| of the
coverage provided in paragraph (a) above, the option | 16 |
| of receiving an
additional 6 months of coverage, subject to | 17 |
| the following:
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| (i) such coverage shall be pursuant to provisions | 19 |
| of the federal
Social Security Act;
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| (ii) such coverage shall include all services | 21 |
| covered while the person
was eligible for basic | 22 |
| maintenance assistance;
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| (iii) no premium shall be charged for such | 24 |
| coverage; and
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| (iv) such coverage shall be suspended in the event | 26 |
| of a person's
failure without good cause to file in a | 27 |
| timely fashion reports required for
this coverage | 28 |
| under the Social Security Act and coverage shall be | 29 |
| reinstated
upon the filing of such reports if the | 30 |
| person remains otherwise eligible.
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| 9. Persons with acquired immunodeficiency syndrome (AIDS) | 32 |
| or with
AIDS-related conditions with respect to whom there has | 33 |
| been a determination
that but for home or community-based | 34 |
| services such individuals would
require the level of care | 35 |
| provided in an inpatient hospital, skilled
nursing facility or | 36 |
| intermediate care facility the cost of which is
reimbursed |
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| under this Article. Assistance shall be provided to such
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| persons to the maximum extent permitted under Title
XIX of the | 3 |
| Federal Social Security Act.
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| 10. Participants in the long-term care insurance | 5 |
| partnership program
established under the Partnership for | 6 |
| Long-Term Care Act who meet the
qualifications for protection | 7 |
| of resources described in Section 25 of that
Act.
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| 11. Persons with disabilities who are employed and eligible | 9 |
| for Medicaid,
pursuant to Section 1902(a)(10)(A)(ii)(xv) of | 10 |
| the Social Security Act, as
provided by the Illinois Department | 11 |
| by rule.
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| 12. Subject to federal approval, persons who are eligible | 13 |
| for medical
assistance coverage under applicable provisions of | 14 |
| the federal Social Security
Act and the federal Breast and | 15 |
| Cervical Cancer Prevention and Treatment Act of
2000 or who | 16 |
| would have been eligible for such coverage except that they are | 17 |
| found to need treatment for a cancer other than breast or | 18 |
| cervical cancer . Those eligible persons are defined to include, | 19 |
| but not be limited to,
the following persons:
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| (1) persons who have been screened for breast or | 21 |
| cervical cancer under
the U.S. Centers for Disease Control | 22 |
| and Prevention Breast and Cervical Cancer
Program | 23 |
| established under Title XV of the federal Public Health | 24 |
| Services Act in
accordance with the requirements of Section | 25 |
| 1504 of that Act as administered by
the Illinois Department | 26 |
| of Public Health; and
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| (2) persons whose screenings under the above program | 28 |
| were funded in whole
or in part by funds appropriated to | 29 |
| the Illinois Department of Public Health
for breast or | 30 |
| cervical cancer screening.
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| "Medical assistance" under this paragraph 12 shall be identical | 32 |
| to the benefits
provided under the State's approved plan under | 33 |
| Title XIX of the Social Security
Act. The Department must | 34 |
| request federal approval of the coverage under this
paragraph | 35 |
| 12 within 30 days after the effective date of this amendatory | 36 |
| Act of
the 92nd General Assembly.
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| The Illinois Department and the Governor shall provide a | 2 |
| plan for
coverage of the persons eligible under paragraph 7 as | 3 |
| soon as possible after
July 1, 1984.
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| The eligibility of any such person for medical assistance | 5 |
| under this
Article is not affected by the payment of any grant | 6 |
| under the Senior
Citizens and Disabled Persons Property Tax | 7 |
| Relief and Pharmaceutical
Assistance Act or any distributions | 8 |
| or items of income described under
subparagraph (X) of
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| paragraph (2) of subsection (a) of Section 203 of the Illinois | 10 |
| Income Tax
Act. The Department shall by rule establish the | 11 |
| amounts of
assets to be disregarded in determining eligibility | 12 |
| for medical assistance,
which shall at a minimum equal the | 13 |
| amounts to be disregarded under the
Federal Supplemental | 14 |
| Security Income Program. The amount of assets of a
single | 15 |
| person to be disregarded
shall not be less than $2,000, and the | 16 |
| amount of assets of a married couple
to be disregarded shall | 17 |
| not be less than $3,000.
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| To the extent permitted under federal law, any person found | 19 |
| guilty of a
second violation of Article VIIIA
shall be | 20 |
| ineligible for medical assistance under this Article, as | 21 |
| provided
in Section 8A-8.
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| The eligibility of any person for medical assistance under | 23 |
| this Article
shall not be affected by the receipt by the person | 24 |
| of donations or benefits
from fundraisers held for the person | 25 |
| in cases of serious illness,
as long as neither the person nor | 26 |
| members of the person's family
have actual control over the | 27 |
| donations or benefits or the disbursement
of the donations or | 28 |
| benefits.
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| (Source: P.A. 92-16, eff. 6-28-01; 92-47, eff. 7-3-01; 92-597, | 30 |
| eff. 6-28-02;
93-20, eff. 6-20-03.)
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| (305 ILCS 5/6-1.7) (from Ch. 23, par. 6-1.7)
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| Sec. 6-1.7. A recipient of financial aid under this | 33 |
| Article, which money
or vendor payment is made by a local | 34 |
| governmental unit which administers aid
under this Article and | 35 |
| is not a County Department, who is required under
Section 6-1.4 |
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| to register for and accept bona fide offers of employment
as | 2 |
| provided in Section 11-20 but is not required to participate in | 3 |
| a job
search, training and work program under Section 9-6, must | 4 |
| also register
for work with such local governmental unit and | 5 |
| must perform work without
compensation for a taxing district or | 6 |
| private not-for-profit
organization as provided in this | 7 |
| Section.
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| A local governmental unit which administers aid under this | 9 |
| Article shall
maintain a roster of the persons who have | 10 |
| registered for work in such local
governmental unit, and shall | 11 |
| assure that such roster is available for the
inspection of the | 12 |
| governing authorities of all taxing districts or
private | 13 |
| not-for-profit organizations, or the
duly authorized agents | 14 |
| thereof, for the selection of possible workers. Each
such local | 15 |
| governmental unit shall cause persons, who are selected by a
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| taxing district or private not-for-profit organization to | 17 |
| perform work,
to be notified at least 24 hours in
advance of | 18 |
| the time the work is to begin.
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| Each such local governmental unit shall assure that the | 20 |
| following additional
requirements are complied with:
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| (a) The taxing district or private not-for-profit | 22 |
| organization may
not use a person selected to work under this
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| Section to replace a regular employee.
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| (b) The work to be performed for the taxing district or | 25 |
| private
not-for-profit organization must be reasonably
related | 26 |
| to the skills or interests of the recipient.
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| (c) The maximum number of hours such work may be performed | 28 |
| is 8 hours
per day and 40 hours per week.
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| (d) The recipient shall be provided or compensated for | 30 |
| transportation
to and from the work location.
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| (e) The person selected to work under this Section shall | 32 |
| receive credit
against his or her monthly benefits under this | 33 |
| Article, based on the State or federal
minimum wage rate, | 34 |
| whichever is higher, for the work performed.
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| However, a taxing district or private not-for-profit | 36 |
| organization
using the services of such recipient must pay
the |
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| recipient at least the State or federal minimum wage , whichever | 2 |
| is higher, after such recipient has
received credit by the | 3 |
| Illinois Department equal to the amount of financial
aid | 4 |
| received under this Article, or the recipient shall be | 5 |
| discharged.
Moneys made available for public aid purposes under | 6 |
| this Article may be
expended to purchase worker's compensation | 7 |
| insurance or to pay worker's
compensation claims.
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| For the purposes of this Section, "taxing district" means | 9 |
| any unit of local
government, as defined in Section 1 of | 10 |
| Article VII of the Constitution, with
the power to tax, and any | 11 |
| school district or community college district.
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| (Source: P.A. 85-114.)
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| (305 ILCS 5/9A-15 new) | 14 |
| Sec. 9A-15. Work activity; applicable minimum wage. The | 15 |
| State or federal minimum wage, whichever is higher, shall be | 16 |
| used to calculate the required number of hours of participation | 17 |
| in any earnfare or pay after performance activity under Section | 18 |
| 9A-9 or any other Section of this Code in which a recipient of | 19 |
| public assistance performs work as a condition of receiving the | 20 |
| public assistance and the recipient is not paid wages for the | 21 |
| work.
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| (305 ILCS 5/12-4.4) (from Ch. 23, par. 12-4.4)
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| Sec. 12-4.4. Administration of federally-aided programs. | 24 |
| Direct
County Departments of Public Aid in the administration | 25 |
| of
the federally
funded food stamp program, programs to aid | 26 |
| refugees and Articles III,
IV, and V of this Code.
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| The
Illinois Department of Human Services
shall operate a | 28 |
| Food Stamp Employment and Training (FSE&T) program in
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| compliance with federal law. The FSE&T program will have an | 30 |
| Earnfare
component. The Earnfare component shall be available | 31 |
| in selected geographic
areas based on criteria established by | 32 |
| the Illinois Department of Human
Services by rule.
Participants | 33 |
| in Earnfare will, to the extent resources allow, earn their
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| assistance. Participation in the Earnfare program is |
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| voluntary, except when
ordered by a court of competent | 2 |
| jurisdiction. Eligibility for Earnfare may
be limited to only 6 | 3 |
| months out of any 12 consecutive month period. Clients are
not | 4 |
| entitled to be placed in an Earnfare slot. Earnfare slots shall | 5 |
| be made
available only as resources permit. Earnfare shall be | 6 |
| available to persons
receiving food stamps who meet eligibility | 7 |
| criteria established by the Illinois
Department of Human | 8 |
| Services by rule.
The Illinois Department may, by rule, extend | 9 |
| the Earnfare Program to clients
who do not receive food stamps.
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| Receipt of food stamps is not an
eligibility requirement of
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| Earnfare when a court of competent jurisdiction orders an | 12 |
| individual to
participate in the Earnfare Program. To
the | 13 |
| extent resources permit, the Earnfare program will allow | 14 |
| participants
to engage in work-related activities to earn | 15 |
| monthly financial assistance
payments and to improve | 16 |
| participants' employability in order for them to
succeed in | 17 |
| obtaining employment. The Illinois Department of Human | 18 |
| Services may enter into
contracts with other public agencies | 19 |
| including State agencies, with local
governmental units, and | 20 |
| with not-for-profit community based organizations
to carry out | 21 |
| the elements of the Program that the Department of Human | 22 |
| Services deems appropriate.
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| The Earnfare Program shall contain the following elements:
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| (1) To the extent resources allow and slots exist, the | 25 |
| Illinois Department of Human Services
shall refer | 26 |
| recipients of food stamp assistance who meet eligibility | 27 |
| criteria,
as established by rule. Receipt of food stamps is | 28 |
| not an eligibility
requirement of Earnfare when a court of | 29 |
| competent jurisdiction orders an
individual to participate | 30 |
| in the Earnfare Program.
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| (2) Persons participating in Earnfare shall engage in | 32 |
| employment
assigned activities equal to the amount of the | 33 |
| food stamp benefits divided
by the State or federal minimum | 34 |
| wage , whichever is higher, and subsequently shall earn | 35 |
| minimum wage
assistance for each additional hour of | 36 |
| performance in Earnfare activity.
Earnfare participants |
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| shall be offered the opportunity to earn up to $154. The
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| Department of Human Services may establish a higher amount | 3 |
| by rule provided resources permit.
If a court of competent | 4 |
| jurisdiction orders an individual to participate in
the | 5 |
| Earnfare program, hours engaged in employment assigned | 6 |
| activities shall
first be applied for a $50 payment made to | 7 |
| the custodial parent as a support
obligation. If the | 8 |
| individual receives food stamps, the individual shall
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| engage in employment assigned activities equal to the | 10 |
| amount of the food stamp
benefits divided by the State or
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| federal minimum wage , whichever is higher, and | 12 |
| subsequently shall earn
State or federal minimum wage | 13 |
| assistance , whichever is higher, for each additional hour | 14 |
| of performance in Earnfare
activity.
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| (3) To the extent appropriate slots are available, the | 16 |
| Illinois
Department of Human Services shall assign | 17 |
| Earnfare participants to Earnfare activities based
on an | 18 |
| assessment of the person's age, literacy, education, | 19 |
| educational
achievement, job training, work experience, | 20 |
| and recent institutionalization,
whenever these factors | 21 |
| are known to the Department of Human Services or to the | 22 |
| contractor and
are relevant to the individual's success in | 23 |
| carrying out the assigned
activities and in ultimately | 24 |
| obtaining employment.
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| (4) The Department of Human Services shall consider the | 26 |
| participant's preferences and
personal employment goals in | 27 |
| making assignments to the extent
administratively possible | 28 |
| and to the extent that resources allow.
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| (5) The Department of Human Services may enter into | 30 |
| cooperative agreements with local
governmental units | 31 |
| (which may, in turn, enter into agreements with
| 32 |
| not-for-profit community based organizations): with other | 33 |
| public, including
State, agencies; directly with | 34 |
| not-for-profit community based organizations,
and with | 35 |
| private employers to create Earnfare activities for | 36 |
| program
participants.
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| (6) To the extent resources permit, the Department of | 2 |
| Human Services shall provide the
Earnfare participants | 3 |
| with the costs of transportation in looking for work
and in | 4 |
| getting to and from the assigned Earnfare job site and | 5 |
| initial
expenses of employment.
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| (7) All income and asset limitations of the Federal | 7 |
| Food Stamp Program
will govern continued Earnfare | 8 |
| participation, except that court ordered
participants | 9 |
| shall participate for 6 months unless the court orders | 10 |
| otherwise.
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| (8) Earnfare participants shall not displace or | 12 |
| substitute for regular,
full time or part time employees, | 13 |
| regardless of whether or not the employee
is currently | 14 |
| working, on a leave of absence or in a position or similar
| 15 |
| position where a layoff has taken place or the employer has | 16 |
| terminated the
employment of any regular employee or | 17 |
| otherwise reduced its workforce with
the effect of filling | 18 |
| the vacancy so created with a participant subsidized
under | 19 |
| this program, or is or has been involved in a labor dispute | 20 |
| between a
labor organization and the sponsor.
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| (9) Persons who fail to cooperate with the FSE&T | 22 |
| program shall become
ineligible for food stamp assistance | 23 |
| according to Food Stamp regulations,
and for Earnfare | 24 |
| participation. Failure to participate in Earnfare for all
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| of the hours assigned is not a failure to cooperate unless | 26 |
| so established
by the employer pursuant to Department of | 27 |
| Human Services rules , except that the changes to Sec. 5-2 | 28 |
| in Section 5 take effect on January 1, 2005 .
If a person | 29 |
| who is ordered by a court of competent jurisdiction to
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| participate in the Earnfare Program fails to cooperate with | 31 |
| the Program, the
person shall be referred to the court for | 32 |
| failure to comply with the court
order.
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| (Source: P.A. 92-111, eff. 1-1-02.)
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| Section 99. Effective date. This Act takes effect upon | 35 |
| becoming law.
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