Full Text of HB3467 97th General Assembly
HB3467ham001 97TH GENERAL ASSEMBLY | Rep. Elizabeth Hernandez Filed: 3/16/2011
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| 1 | | AMENDMENT TO HOUSE BILL 3467
| 2 | | AMENDMENT NO. ______. Amend House Bill 3467 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Human Services Act is amended | 5 | | by changing Section 10-25 as follows:
| 6 | | (20 ILCS 1305/10-25)
| 7 | | Sec. 10-25. Women, Infants, and Children Nutrition | 8 | | Program.
| 9 | | (a) The Department shall
participate in the Women, Infants | 10 | | and Children Nutrition program of the
federal government to the | 11 | | maximum extent permitted by the federal
appropriation and | 12 | | allocation to the State of Illinois. The Department
shall | 13 | | report quarterly to the Governor and the General
Assembly the | 14 | | status of obligations and expenditures of the WIC nutrition
| 15 | | program appropriation and make recommendations on actions | 16 | | necessary to
expend all available federal funds. Other |
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| 1 | | appropriations and funds from
any public or private source in | 2 | | addition to federal funds may be used by
the Department for the | 3 | | purpose of maximum participation in
the WIC nutrition program.
| 4 | | (b) The Department shall maintain a drug abuse education | 5 | | program for
participants in the Women, Infants and Children | 6 | | Nutrition Program.
The program shall include but need not be | 7 | | limited to (1) the
provision of information concerning the | 8 | | dangers of drug abuse and (2) the
referral of participants who | 9 | | are suspected drug abusers to drug abuse
clinics, treatment | 10 | | programs, counselors or other drug abuse treatment
providers.
| 11 | | (c) The Department shall cooperate with the Department of | 12 | | Public Health for
purposes of the smoking cessation program for | 13 | | participants in the Women,
Infants and Children Nutrition | 14 | | Program maintained by the Department of Public
Health under | 15 | | Section 2310-435 of the Department of Public
Health
Powers and | 16 | | Duties Law (20 ILCS 2310/2310-435).
| 17 | | (d) The Department may contract with any bank as defined by | 18 | | the Illinois
Banking Act to redeem bank drafts issued by the | 19 | | Department under the United
States Department of Agriculture | 20 | | Special Supplemental Food Program for
Women, Infants and | 21 | | Children (WIC). Any bank with which the Department has
entered | 22 | | into a contract to redeem bank drafts may receive, pursuant to | 23 | | an
appropriation to the Department, an initial advance and | 24 | | periodic payment of
funds for the Women, Infants and Children | 25 | | Program in amounts determined by
the Secretary. | 26 | | Notwithstanding any other law, such funds shall be retained
in |
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| 1 | | a separate account by the bank. Any interest earned by monies | 2 | | in such
account shall accrue to the USDA Women, Infants and | 3 | | Children Fund and shall
be used exclusively for the redemption | 4 | | of bank drafts issued by the
Department. WIC program food funds | 5 | | received by the bank from the
Department shall be used | 6 | | exclusively for the redemption of bank drafts. The
bank shall | 7 | | not use such food funds, or interest accrued thereon, for any
| 8 | | other purpose including, but not limited to, reimbursement of
| 9 | | administrative expenses or payments of administrative fees due | 10 | | the bank
pursuant to its contract or contracts with the | 11 | | Department.
| 12 | | Such initial and periodic payments by the Department to the | 13 | | bank shall be
effected, pursuant to an appropriation, in an | 14 | | amount needed for the
redemption of bank drafts issued by the | 15 | | Department under the United States
Department of Agriculture | 16 | | Special Supplemental Food Program for Women,
Infants and | 17 | | Children in any initial or succeeding period. The State
| 18 | | Comptroller shall, upon presentation by the Secretary of | 19 | | adequate
certification of funds needed for redemption of bank | 20 | | drafts, promptly draw
a warrant payable to the bank for deposit | 21 | | to the separate account of the
bank. Such certification may be | 22 | | in magnetic tape or computer output form,
indicating the amount | 23 | | of the total payment made by the bank for the
redemption of | 24 | | bank drafts from funds provided to the bank under this Section.
| 25 | | The separate account of the bank established under this | 26 | | Section, any
payments to that account, and the use of such |
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| 1 | | account and funds shall be
subject to (1) audit by the | 2 | | Department or a private contractor authorized by
the Department | 3 | | to conduct audits, including but not limited to
such audits as | 4 | | may be required by State law, (2) audit by the federal
| 5 | | government or a private contractor authorized by the federal | 6 | | government, and
(3) post audit pursuant to the Illinois State | 7 | | Auditing Act.
| 8 | | (e) The Department may include a program of lactation | 9 | | support services
as part of the benefits and services provided | 10 | | for pregnant and breast feeding
participants in the Women,
| 11 | | Infants and Children Nutrition Program. The program may include | 12 | | payment for
breast pumps, breast shields, or any supply deemed | 13 | | essential for the successful
maintenance of lactation, as well | 14 | | as lactation specialists who are registered
nurses, licensed
| 15 | | dietitians, or persons who have successfully completed a | 16 | | lactation
management training program.
| 17 | | (f) The Department shall coordinate the operation of the | 18 | | Women, Infants and
Children program with the Medicaid program | 19 | | by interagency agreement whereby
each program provides | 20 | | information about the services offered by the other to
| 21 | | applicants for services.
| 22 | | (g) On February 2, 2013, the Department shall ensure that | 23 | | the infant formula provided to participants under the Women, | 24 | | Infants, and Children Nutrition Program is packaged in | 25 | | containers which do not contain the chemical bisphenol A (BPA). | 26 | | The Department may suspend implementation of this subsection |
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| 1 | | until the Department enters a new contract period equaling 5 | 2 | | years for any type of infant formula provided by the Program, | 3 | | if both of the following occur: | 4 | | (1) The Department determines that implementation of | 5 | | this subsection would (i) decrease the availability of | 6 | | infant formula to participants of the Program; or (ii) | 7 | | cause an unacceptable fiscal impact to the State. | 8 | | (2) The Department publishes a notice of suspension in | 9 | | the Illinois Register. | 10 | | (Source: P.A. 90-290, eff. 1-1-98; 91-239, eff. 1-1-00.)".
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