Public Act 103-0688
 
HB5084 EnrolledLRB103 39089 KTG 69227 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of Human Services Act is amended
by changing Section 10-25 as follows:
 
    (20 ILCS 1305/10-25)
    Sec. 10-25. Women, Infants, and Children Nutrition
Program.
    (a) The Department shall participate in the Women, Infants
and Children Nutrition program of the federal government to
the maximum extent permitted by the federal appropriation and
allocation to the State of Illinois. In order to efficiently
process electronically issued WIC benefits, the Department may
use an account held outside of the state treasury for the
deposit and issuance of WIC benefits. The Department shall
report quarterly to the Governor and the General Assembly the
status of obligations and expenditures of the WIC nutrition
program appropriation and make recommendations on actions
necessary to expend all available federal funds. Other
appropriations and funds from any public or private source in
addition to federal funds may be used by the Department for the
purpose of maximum participation in the WIC nutrition program.
    (b) The Department shall maintain a drug abuse education
program for participants in the Women, Infants and Children
Nutrition Program. The program shall include but need not be
limited to (1) the provision of information concerning the
dangers of drug abuse and (2) the referral of participants who
are suspected drug abusers to drug abuse clinics, treatment
programs, counselors or other drug abuse treatment providers.
    (c) The Department shall cooperate with the Department of
Public Health for purposes of the smoking cessation program
for participants in the Women, Infants and Children Nutrition
Program maintained by the Department of Public Health under
Section 2310-435 of the Department of Public Health Powers and
Duties Law (20 ILCS 2310/2310-435).
    (d) The Department may contract with any bank as defined
by the Illinois Banking Act to redeem bank drafts issued by the
Department under the United States Department of Agriculture
Special Supplemental Food Program for Women, Infants and
Children (WIC). Any bank with which the Department has entered
into a contract to redeem bank drafts may receive, pursuant to
an appropriation to the Department, an initial advance and
periodic payment of funds for the Women, Infants and Children
Program in amounts determined by the Secretary.
Notwithstanding any other law, such funds shall be retained in
a separate account by the bank. Any interest earned by monies
in such account shall accrue to the USDA Women, Infants and
Children Fund and shall be used exclusively for the redemption
of bank drafts issued by the Department. WIC program food
funds received by the bank from the Department shall be used
exclusively for the redemption of bank drafts. The bank shall
not use such food funds, or interest accrued thereon, for any
other purpose including, but not limited to, reimbursement of
administrative expenses or payments of administrative fees due
the bank pursuant to its contract or contracts with the
Department.
    Such initial and periodic payments by the Department to
the bank shall be effected, pursuant to an appropriation, in
an amount needed for the redemption of bank drafts issued by
the Department under the United States Department of
Agriculture Special Supplemental Food Program for Women,
Infants and Children in any initial or succeeding period. The
State Comptroller shall, upon presentation by the Secretary of
adequate certification of funds needed for redemption of bank
drafts, promptly draw a warrant payable to the bank for
deposit to the separate account of the bank. Such
certification may be in magnetic tape or computer output form,
indicating the amount of the total payment made by the bank for
the redemption of bank drafts from funds provided to the bank
under this Section.
    The separate account of the bank established under this
Section, any payments to that account, and the use of such
account and funds shall be subject to (1) audit by the
Department or a private contractor authorized by the
Department to conduct audits, including but not limited to
such audits as may be required by State law, (2) audit by the
federal government or a private contractor authorized by the
federal government, and (3) post audit pursuant to the
Illinois State Auditing Act.
    (e) The Department may include a program of lactation
support services as part of the benefits and services provided
for pregnant and breast feeding participants in the Women,
Infants and Children Nutrition Program. The program may
include payment for breast pumps, breast shields, or any
supply deemed essential for the successful maintenance of
lactation, as well as lactation specialists who are registered
nurses, licensed dietitians, or persons who have successfully
completed a lactation management training program.
    (f) The Department shall coordinate the operation of the
Women, Infants and Children program with the Medicaid program
by interagency agreement whereby each program provides
information about the services offered by the other to
applicants for services.
(Source: P.A. 101-636, eff. 6-10-20.)
 
    Section 10. The Illinois Public Aid Code is amended by
changing Section 12-4.7b as follows:
 
    (305 ILCS 5/12-4.7b)
    Sec. 12-4.7b. Exchanges of information; inmates. The
Department shall enter into intergovernmental agreements to
conduct monthly exchanges of information with the Illinois
Department of Corrections, the Cook County Department of
Corrections, and the office of the sheriff to the extent
available of every other county to determine whether any
individual included in an assistance unit receiving public aid
under any Article of this Code is an inmate in a facility
operated by the Illinois Department of Corrections, the Cook
County Department of Corrections, or a county sheriff.
Alternatively, the Department may utilize the option of
purchasing incarceration data through a third-party resource
in order to conduct data matches of incarcerated individuals.
The Illinois Department of Corrections, the Cook County
Department of Corrections, and the office of the sheriff of
every other county shall honor all intergovernmental
agreements with the Department under this Section and shall
provide all required information in a timely manner. The
Department shall review each individual prior to authorizing
benefits at application and redetermination to verify each
month the entire list of individuals generated by the monthly
exchange and shall verify the eligibility for benefits under
this Code for each individual on the list. The Department
shall terminate benefits under this Code for any individual
determined to be ineligible by this monthly review. The
Department shall use any legal means available to recoup as an
overpayment any assistance provided to an individual for any
period during which he or she was ineligible to receive the
assistance.
(Source: P.A. 101-115, eff. 7-22-19.)