reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 150 - ELECTRONIC HEALTH INFORMATION TECHNOLOGY › Subpart A - GENERAL PROVISIONS › Section 150.20 - Legislative Basis

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Illinois
				Health Information Exchange and Technology Act (P.A. 96-1331) established the
				Illinois Health Information Exchange to promote and facilitate the sharing of
				health information among health care providers within Illinois and in other
				states.
b) The American Recovery
				and Reinvestment Act of 2009 (P. L. 111-5) offers funding to states to promote
				and facilitate the sharing of health information among health care
				providers.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 150 - ELECTRONIC HEALTH INFORMATION TECHNOLOGY › Subpart B - PROVIDER INCENTIVE PROGRAM › Section 150.100 - Provider Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
				Requirements. A provider must:
1) Be within
				one of the classes of eligible professionals enumerated in subsection
				(b).
2) Be enrolled, and in good
				standing, with the Department to participate in the Illinois Medical Assistance
				Program.
3) Be a registered user of
				the Department's Medical Electronic Data Interchange System.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 150 - ELECTRONIC HEALTH INFORMATION TECHNOLOGY › Subpart B - PROVIDER INCENTIVE PROGRAM › Section 150.110 - Provider Registration and Attestation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Providers must register to receive the
				incentive payment at the federal CMMS registration website.
b) CMMS transmits files from the registration
				system to the Department containing information necessary to process the
				provider incentive payment registrations.
c) Providers that meet the prerequisite
				criteria established by CMMS will be notified by the Department that they must
				provide additional information, via attestation to the Department.
d) Providers must complete the attestation on
				the Department's Medical Electronic Data Interchange System.
1) The attestation for all providers must
				include the following:
A) A valid National
				Provider Identifier number;
B) The
				provider is not sanctioned;
C) No
				Electronic Health Record Provider Incentive Payment (EHR PIP) has been received
				in the payment year;
D) Illinois is
				the only state selected to request an incentive payment in the payment
				year;
E) The provider meets the
				patient volume requirements for the Medicaid PIP program as defined in Section
				150.100(c) and
				(d);
F) The provider has adopted, implemented or
				upgraded to a certified Electronic Health Record System;
G) The provider has not received State or
				local government funding that is directly attributable to the cost of EHR
				technology; and
H) The provider
				agrees to the assignment of the PIP Program payment and that the Taxpayer
				Identification Number of the assignee is correct.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 150 - ELECTRONIC HEALTH INFORMATION TECHNOLOGY › Subpart B - PROVIDER INCENTIVE PROGRAM › Section 150.120 - Incentive Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department will make the incentive payment to EP, as defined in Section
				150.100(b)(1),
				in accordance with the guidelines defined at
				42 CFR
				495.310.
b) The Department will base the incentive
				payment to EH, as defined in Section
				150.100(b)(2),
				on the hospital aggregate incentive amount as calculated under
				42 CFR
				495.310.
1)
				Pediatric specialty hospitals, critical access hospitals, hospitals operated by
				the Cook County Health and Hospitals System, hospitals operated by the
				University of Illinois at Chicago and coordinated care participating hospitals
				and MMCE hospitals with the exception of those identified in subsection (b)(2)
				will receive the incentive payment based on the following schedule:
A) Year 1: 50 percent of the aggregate
				payment amount.
B) Year 2: 40
				percent of the aggregate payment amount.
C) Year 3: 10 percent of the aggregate
				payment amount.
D) Year 4: 0
				percent of the aggregate payment amount.
E) Year 5: 0 percent of the aggregate payment
				amount.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 150 - ELECTRONIC HEALTH INFORMATION TECHNOLOGY › Subpart B - PROVIDER INCENTIVE PROGRAM › Section 150.130 - Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
Providers will be eligible to appeal any of the issues
				  defined at
				  42
				  CFR 495.370. All appeals will be processed in
				  accordance with 89 Ill. Adm. Code 104.Subpart C.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 150 - ELECTRONIC HEALTH INFORMATION TECHNOLOGY › Subpart B - PROVIDER INCENTIVE PROGRAM › Section 150.140 - Audits

Current through Register Vol. 48, No. 28, July 12, 2024
All audits will be processed in accordance with 89 Ill. Adm.
				  Code
				  140.30.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 152 - HOSPITAL REIMBURSEMENT CHANGES › Section 152.100 - Hospital Rate Reductions

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding any provision to the contrary in 89 Ill. Adm.
				Code 148 and 149 and this Part 152, effective for dates of service on or after
				July 1, 2012, any rate of reimbursement for services to hospitals or other
				payments to hospitals shall be reduced by an additional
				3.5 % from the rates that were
				otherwise in effect on July 1, 2012 to July 1, 2021, except that those
				reductions shall not apply to:
a) Rates
			 or payments for hospital services delivered by a Safety Net Hospital under
			 Section 5-5e.1 of the Illinois Public Aid Code [305 ILCS 5
			 ].
b) Rates or payments for
			 hospital services delivered by a Critical Access Hospital as defined in 89 Ill.
			 Adm. Code 148.25(g).
c) Rates or payments for hospital services
			 delivered by a hospital that is operated by a unit of local government or State
			 university that provides some or all of the non-federal share of the
			 services.
d) Payments authorized
			 under Section 5A-12.4 of the Illinois Public Aid Code.
e) Transitional payment authorized in 89 Ill.
			 Adm. Code 148.296.
f) Notwithstanding any other provision to the
			 contrary in this Part, federally approved rates or payments for services
			 related to a public health emergency that:
1)
			 Appear on the Department's public health emergency published fee schedule;
			 and
2) Meet the date of service
			 specifications on the Department's public health emergency published fee
			 schedule.
3) The Department's
			 public health emergency published fee schedule shall remain in place until the
			 Department determines the rates or payments described under this subsection (f)
			 are no longer necessary to address a public health emergency, for reasons
			 including, but not limited to: the establishment, termination, or modification
			 of any applicable federal or State disaster declaration, Executive Orders of
			 the Governor, or disaster-related flexibilities granted by federal
			 agencies.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 152 - HOSPITAL REIMBURSEMENT CHANGES › Section 152.350 - Inpatient and Outpatient Rate Adjustments

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding anything to the contrary in 89 Ill. Adm. Code
				140, 146, 148, 149 and 152, any updates to the system shall not result in any
				diminishment of the overall effective rate of reimbursement as of the
				implementation date of the new system (July 1, 2014). These updates shall not
				preclude variations in any individual component of the system or hospital rate
				variations. Nothing in 89 Ill. Adm. Code 140, 146, 148, 149 and 152 shall be
				construed to guarantee a minimum amount of spending in the aggregate or per
				hospital as spending may be impacted by factors including, but not limited to,
				number of individuals in the medical assistance program and severity of illness
				of the individuals.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 153 - LONG TERM CARE REIMBURSEMENT CHANGES › Subpart A - GENERAL PROVISIONS › Section 153.125 - Long Term Care Facility Rate Adjustments

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notwithstanding the provisions set forth
				in Section 153.100, long term care facility
				(SNF/ICF and ICF/MR) rates established on July 1, 1996 shall be increased by
				6.8 percent for services
				provided on or after January 1, 1997.
b) Notwithstanding the provisions set forth
				in Section 153.100, long term care facility (SNF/ICF and ICF/MR) rates and
				developmental training rates established on July 1, 1998, for services provided
				on or after that date, shall be increased by three percent. For nursing
				facilities (SNF/ICF) only, $1.10 shall also be added to the
				nursing component of the rate.
c)
				Notwithstanding the provisions set forth in Section 153.100, long term care
				facility (SNF/ICF and ICF/MR) rates and developmental training rates
				established on July 1, 1999, for services provided on or after that date, shall
				include:
1) an increase of
				1.6 percent for SNF/ICF, ICF/MR
				and developmental training rates;
2) an additional increase of $3.00 per resident day for ICF/MR
				rates; and
3) an increase of
				$10.02 per person, per month for
				developmental training rates.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 153 - LONG TERM CARE REIMBURSEMENT CHANGES › Subpart A - GENERAL PROVISIONS › Section 153.126 - Long Term Care Facility Medicaid Per Diem Adjustments

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notwithstanding the provisions set forth
				in Section
				153.100,
				the socio-development component for facilities that are federally defined as
				Institutions for Mental Disease (see 89 Ill. Adm. Code
				145.30
				) shall be increased by 253 percent beginning with services provided on and
				after March 1, 2008.
b)
				Notwithstanding the provisions set forth in Section 153.100, daily residential
				rates effective on March 1, 2008, for intermediate care facilities for persons
				with developmental disabilities (ICF/DD), including skilled nursing facilities
				for persons under 22 years of age (SNF/Ped), for which a patient contribution
				is required, shall be increased by 2.2 percent.
c) Notwithstanding the provisions set forth
				in Section 153.100, developmental training rates effective on March 1, 2008
				shall be increased by 2.5 percent.
d) Notwithstanding the provisions set forth
				in Sections
				153.100
				and
				153.125,
				for dates of services provided on or after July 1, 2012, the $10 per day per
				individual payment for individuals with developmental disabilities in nursing
				facilities, described in 89 Ill. Adm. Code
				147.350,
				shall be eliminated.
e)
				Notwithstanding the provisions set forth in Sections
				153.100
				and 153.125, on or after July 1, 2012, nursing facilities not designated as
				Institutions for Mental Disease shall have rates effective May 1, 2011 (see
				Section 153.125) adjusted as follows:
1)
				Individual nursing rates for residents classified in Resource Utilization
				Groups IV (RUG-IV) PA1, PA2, BA1 and BA2, during the quarter ending March 31,
				2012, shall be reduced by 10 percent;
2) Individual nursing rates for residents
				classified in all other RUG-IV groups shall be reduced by 1.0 percent;
				and
3) Facility rates for the
				support and capital components shall be reduced by 1.7 percent.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart A - GENERAL PROVISIONS › Section 160.1 - Incorporation by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
Any rules or regulations of an agency of the United States or
				  of a nationally recognized organization or association that are incorporated by
				  reference in this Part are incorporated as of the date specified, and do not
				  include any later amendments or editions.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart A - GENERAL PROVISIONS › Section 160.10 - Child Support Enforcement Program

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Under Title IV-D of the Social Security Act (
				42 USC
				651 et seq.) the Department undertakes to
				establish, modify, enforce and collect child and spouse support obligations
				from responsible relatives as defined in 89 Ill. Adm. Code
				103.10. "IV-D
				cases" consist of:
1) children receiving
				Temporary Assistance for Needy Families (TANF);
2) children receiving AFDC MANG;
3) children receiving foster care maintenance
				payments under Title IV-E of the Social Security Act (
				42
				USC 670 et seq.);
4) children of applicants for TANF, where the
				caretaker or specified relative is the putative father or relative of the
				putative father;
5) children of
				applicants for TANF, where the mother and putative father of the children born
				out of wedlock are living together;
6) children of applicants for TANF, where the
				caretaker relative is reapplying for cash or medical assistance and was in
				sanctioned status for noncooperation at the time the case was previously
				canceled;
7) a spouse or former
				spouse when the former spouse/spouse lives with the child;
8) former AFDC and TANF recipients following
				AFDC and TANF cancellation pursuant to subsection (g) of this
				Section;
9) persons not receiving
				TANF, AFDC MANG, or Foster Care Services under Title IV-E upon application to
				the Department for IV-D services; and
10) persons receiving AFDC MANG that
				previously received AFDC or TANF cash assistance.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart A - GENERAL PROVISIONS › Section 160.12 - Administrative Accountability Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) A recipient of or an applicant for child
				support enforcement services may request an explanation of any decision, not
				appealable and/or not subject to other review, denying or terminating services
				or concerning the Department's or its contractor's alleged failure to provide
				services or the provision of services in an amount or manner that is considered
				inadequate.
b) A request for
				explanation through the Administrative Accountability Analysis process may be
				made by the recipient or applicant in person, by mail, e-mail, by telephone, or
				any other appropriate method provided for by law and technology for similar
				proceedings in Illinois. If the recipient or applicant requests an explanation
				by telephone, the request for an explanation form will be sent to the recipient
				or applicant.
c) The request for an
				explanation must be in writing, signed by the recipient or applicant or his or
				her authorized representative and:
1) specify
				the decision, alleged failure to act or deficient action that is the basis for
				the request; and
2) be submitted to
				the Department within 60 days after the action or alleged failure to
				act.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart A - GENERAL PROVISIONS › Section 160.15 - Fees for IV-D Non-TANF Cases

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				Title IV-D non-TANF cases where an application for child support services is
				required, the Department shall charge an application fee of one cent for each
				applicant and pay the fee out of State funds.
b) In accordance
				42 USC
				654 and the Illinois Public Aid Code, an
				annual $35 collection fee shall be imposed for all IV-D non-TANF cases where at
				least $550 has been collected by the IV-D agency.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart A - GENERAL PROVISIONS › Section 160.20 - Assignment of Rights to Support

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				By accepting financial aid under the Public Aid Code, a spouse or a parent or
				other person having custody of a child shall be deemed to have made assignment
				to the Department of any and all rights, title, and interest in any support
				obligations up to the amount of assistance provided. The rights to support
				assigned to the Department shall constitute an obligation owed to the State by
				the person who is responsible for providing the support, and shall be
				collectible under all applicable processes. (Section 10-1 of the Illinois
				Public Aid Code [305
				ILCS 5/10-1 ])
b) Notwithstanding the authority cited in
				subsection (a) of this Section, the following provisions shall apply:
1) For an assignment entered into prior to
				October 1, 1998, the applicant assigns the Department all rights that have
				previously accrued and that shall accrue prior to the family leaving
				assistance.
2) For an assignment
				first entered into on or after October 1, 1998 but before October 1, 2009:
A) With respect to any support collections by
				federal income tax refund offsets, the applicant assigns the Department all
				rights that have previously accrued and that shall accrue prior to the family
				leaving assistance; and
B) With
				respect to any support collections by other than federal income tax offset:
i) The applicant assigns to the Department
				any support rights that accrue and will accrue while the family is receiving
				assistance; and
ii) The applicant
				temporarily assigns to the Department all rights to support that accrued prior
				to the family receiving assistance, such assignment to be in effect only until
				the family ceases to receive assistance.
3) For an assignment entered into on or after
				October 1, 2009:
A) With respect to any
				support collections by federal income tax refund offsets, the applicant assigns
				the Department all rights that have accrued prior to October 1, 2009 and that
				may accrue while the family receives assistance; and
B) With respect to any support collections by
				other than federal income tax offset, the applicant assigns to the Department
				any support rights that accrue while the family receives assistance.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart A - GENERAL PROVISIONS › Section 160.25 - Recoupment

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				shall seek written agreements from individuals applying for or receiving IV-D
				non-TANF support enforcement services authorizing recoupment, through retention
				of up to ten percent of future child support collections, in the event the
				individual receives funds through the Department's child support enforcement
				program to which he or she was not entitled. Recoupment shall apply only to
				such funds received by the individual after the date of the
				agreement.
b) In those cases in
				which the client has signed an agreement authorizing recoupment from child
				support collections, the Department shall provide the client with a notice at
				least 45 days prior to commencing recoupment which shall inform the client of
				the following:
1) the IV-D non-TANF
				identification number of the case in which the client received funds to which
				the client was not entitled;
2) the
				responsible relative's name;
3) the
				amount to be recouped;
4) the
				reason the client was not entitled to the funds;
5) that up to ten percent of each child
				support payment collected in the IV-D non-TANF case will be retained by the
				Department until the full amount stated in the notice is recouped, commencing
				with the next payment of child support received from the responsible relative
				45 days after the date of mailing of the notice;
6) the opportunity, within 30 days after the
				date of mailing of the notice, to prevent recoupment by payment of the full
				amount stated in the advance notice; and
7) the opportunity to contest the
				determination that the client received funds to which the client was not
				entitled or the amount of such funds by requesting a redetermination by the
				Department.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart B - COOPERATION WITH CHILD SUPPORT ENFORCEMENT › Section 160.30 - Cooperation With Support Enforcement Program

Current through Register Vol. 48, No. 28, July 12, 2024
a) As a condition of eligibility, unless the
				Department determines there is good cause for refusing, a caretaker relative
				(see 89 Ill. Adm. Code
				101.20 for
				definition of "caretaker relative") must cooperate with the Department in:
1) identifying and locating the responsible
				relative of a child for whom aid is claimed;
2) establishing the paternity of a child for
				whom aid is claimed;
3) obtaining
				support from the responsible relative; and
4) enforcing support obligations.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart B - COOPERATION WITH CHILD SUPPORT ENFORCEMENT › Section 160.35 - Good Cause for Failure to Cooperate with Support Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall inform the caretaker
				relative of the right to claim good cause for failing to cooperate.
b) In order to be exempted from the
				cooperation requirement as to a particular child, the caretaker relative who
				claims good cause must either:
1) provide the
				Department with evidence on which it may base a determination of good cause;
				or
2) furnish information
				sufficient to permit the Department to investigate to determine that
				cooperation is against the best interests of the child (see Section
				160.40
				).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart B - COOPERATION WITH CHILD SUPPORT ENFORCEMENT › Section 160.40 - Proof of Good Cause For Failure to Cooperate With Support Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
a) The applicant or
				recipient who claims good cause must provide corroborative evidence within 20
				days from the day the claim was made. In exceptional cases where the Department
				determines the applicant or recipient requires additional time because of the
				difficulty of obtaining the corroborative evidence, the Department shall allow
				a reasonable additional period of time. Such additional periods of time allowed
				shall not exceed 20 days and shall be granted only under the conditions
				described in Section
				160.40(a).
b) A good cause claim may be corroborated
				with the following types of evidence:
1)
				Birth certificates or medical or law enforcement records which indicate that
				the child was conceived as the result of incest or forcible rape;
2) Court documents or other records which
				indicate that legal proceedings for adoption are pending before a court of
				competent jurisdiction;
3) Court,
				medical, criminal, child protective services, social services, psychological,
				or law enforcement records which indicate that the putative father or absent
				parent might inflict physical or emotional harm on the child or caretaker
				relative;
4) Medical records which
				indicate emotional health history and present emotional health status of the
				caretaker relative or the child for whom support would be sought; or, written
				statements from a mental health professional indicating a diagnosis or
				prognosis that cooperation would be harmful to the emotional health of the
				caretaker relative or the child for whom support would be sought;
5) A written statement from a public or
				licensed private social agency (e.g., Department of Children and Family
				Services or Catholic Charities) that the applicant or recipient is being
				assisted by the agency to resolve the issue or whether to keep the child or
				relinquish him or her for adoption; or
6) Sworn notarized statements from
				individuals other than the applicant or recipient with knowledge of the
				circumstances which provide the basis for the good cause claim.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart B - COOPERATION WITH CHILD SUPPORT ENFORCEMENT › Section 160.45 - Suspension of Child Support Enforcement Upon a Claim of Good Cause

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon receiving
				notice from the local office that an applicant or recipient has claimed good
				cause, the Division of Child Support Enforcement will suspend all activities to
				establish paternity or secure child support until notified by the local office
				of a final administrative decision regarding the claim of the applicant or
				recipient.
b) The Division of Child
				Support Enforcement shall not undertake to establish paternity or secure child
				support in any case for which it has received notice that there has been a
				finding of good cause pursuant to Section
				160.35(c).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart C - ESTABLISHMENT AND MODIFICATION OF CHILD SUPPORT ORDERS › Section 160.60 - Establishment of Support Obligations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definitions
1) "CSS" means any Child Support Specialist
				performing assigned duties, his or her supervisory staff and any other person
				assigned responsibility by the Director of the Department.
2) "Service" or "Served" means notice given:
A) by personal service, substitute service at
				the individual's usual place of abode with some family member or a person
				residing there who is at least 13 years old, certified mail (with or without
				return receipt requested) or restricted delivery;
B)
by a person who is licensed or
				registered as a private detective under the Private Detective, Private Alarm,
				Private Security, and Locksmith Act of 2004
[225 ILCS 447]
or
				by a registered employee of a private detective agency certified under that
				Act;
or
C) by any method
				provided by law for service of summons. (See Sections 2-202, 2-203 and 2-206 of
				the Code of Civil Procedure [735 ILCS 5] and Sections 10-4 and 10-11 of the
				Public Aid Code [305 ILCS 5].)
3) "Support Statutes" means the following:
A) Article X of the Illinois Public Aid Code
				[305 ILCS 5];
B) The Illinois
				Marriage and Dissolution of Marriage Act [750 ILCS 5] or "IMDMA";
C) The Non-Support Punishment Act [750 ILCS
				16];
D) The Uniform Interstate
				Family Support Act [750 ILCS 22];
E) The Illinois Parentage Act of 2015 [750
				ILCS 46]; and
F) Any other statute
				in another state that provides for child support.
4) "Retroactive support" means support for a
				period prior to the date a court or administrative support order is
				entered.
5) "Needs of the child"
				means the term as it is used in Section 505(a) of the IMDMA.
6) The definitions contained in Section 103
				of the Illinois Parentage Act of 2015 shall apply to the same terms in this
				Section.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart C - ESTABLISHMENT AND MODIFICATION OF CHILD SUPPORT ORDERS › Section 160.61 - Uncontested and Contested Administrative Paternity and Support Establishment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definitions
1) The definitions contained in Section 103
				of the Illinois Parentage Act of 2015 [750 ILCS 46] shall apply to the same
				terms in this Section.
2) "Service"
				or "Served" means notice given:
A) by personal
				service, substitute service at the individual's usual place of abode with some
				family member or a person residing there who is at least 13 years old,
				certified mail (with or without return receipt requested) or restricted
				delivery;
B)
by a person
				who is licensed or registered as a private detective under the Private
				Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith
				Act of 2004
[225 ILCS 447]
or by a registered employee of a
				private detective agency certified under that Act
[305 ILCS
				5/10-4]; or
C) by any method provided by law for service
				of a summons. (See Sections 2-202, 2-203 and 2-206 of the Code of Civil
				Procedure[735 ILCS 5]; Sections 10-4 and 10-11 of the Public Aid Code [305 ILCS
				5].)
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart C - ESTABLISHMENT AND MODIFICATION OF CHILD SUPPORT ORDERS › Section 160.64 - Compromise of Assigned Obligations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				For purposes of this Section, the following definitions shall apply:
1) "Assigned obligation" means past due child
				support or interest accrued on past due child support, or both, assigned to the
				State under Section 10-1 of the Illinois Public Aid Code [305
				ILCS 5/10-1 ].
2) "Poverty line" means the level of income
				equal to the official poverty line determined by the federal Office of
				Management and Budget and revised annually in accordance with
				42
				USC 9902(2).
3) "Gross monthly income" means the total of
				all monthly income from all sources, excluding child support and
				maintenance.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart C - ESTABLISHMENT AND MODIFICATION OF CHILD SUPPORT ORDERS › Section 160.65 - Modification of Support Obligations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Definitions
1) "Order for support" means any
				court or administrative order establishing the level of child support due to a
				child from the responsible relative.
2) "Income Withholding Notice" means the
				notice served on a payor, pursuant to entry of a court or administrative order
				for support, that directs the payor to withhold a part of a responsible
				relative's income for payment of child support.
3) "Assignment of support" has the meaning
				set forth in Section
				160.5.
4) "Assignment of medical support" has the
				meaning set forth in Section 160.5.
5) "Health insurance" means health insurance
				or health plan coverage for the dependent child for whom support is
				sought.
6) "Review" means the CSS
				comparison of the responsible relative's current financial ability to the
				existing order for support, as described in subsection (f).
7) "Quantitative Standard for Review" means
				the current financial ability of the responsible relative, as determined
				through modification review, is at least 20 percent above or below the existing
				order for support and the change is an amount equal to at least $10 a
				month.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart D - ENFORCEMENT OF CHILD SUPPORT ORDERS › Section 160.71 - Credit for Payments Made Directly to the Title IV-D Client

Current through Register Vol. 48, No. 28, July 12, 2024
Where the operative court or administrative order for support
				  requires child support payments to be made to the Department, the State
				  Disbursement Unit, or the Clerk of the Circuit Court, the Department will allow
				  a one time credit to its child support accounts receivable for payments made
				  directly to the Title IV-D client, up to the amount of the past due support
				  owed to the Title IV-D client, when:
a) a court of competent jurisdiction enters
				an order requiring credit; or
b)
				the following circumstances exist:
1) either:
A) the order for support was entered in
				Illinois; or
B) if the order for
				support is a foreign order:
i) the order has
				been registered in Illinois; and
ii) the law of the state that entered the
				order allows credit for payments made directly to the Title IV-D client;
				and
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart D - ENFORCEMENT OF CHILD SUPPORT ORDERS › Section 160.75 - Withholding of Income to Secure Payment of Support

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definitions
The definitions contained in Section 15 of the Income
				  Withholding for Support Act [
				  750 ILCS 28/15 ]
				  shall apply in this Section.
b) Entry of Order for Support Containing
				Income Withholding Provisions; Income Withholding Notice
1) The Department, through its legal
				representative, shall request that when entering an order for support the court
				include in the order the following income withholding provisions, as required
				by law:
A) that an income withholding notice
				be prepared by the Department and served immediately upon any payor of the
				obligor, unless a written agreement is reached between and signed by both
				parties providing for an alternative arrangement, approved and entered into the
				record by the court, which ensures payment of support. In that case, the
				Department, through its legal representative, shall request that the order for
				support provide that an income withholding notice is to be prepared and served
				only if the obligor becomes delinquent in paying the order for support;
				and
B) a dollar amount to be paid
				until payment in full of any delinquency that accrues after entry of the order
				for support; the dollar amount not to be less than 20 percent of the total of
				the current support amount and the amount to be paid periodically for payment
				of any arrearage stated in the order for support; and
C) the obligor's Social Security Number
				disclosed to the court as required by law; and
D) if the obligor is not a United States
				citizen, the obligor's alien registration number, passport number, and home
				country's social security or national health number disclosed to the court as
				required by law.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart D - ENFORCEMENT OF CHILD SUPPORT ORDERS › Section 160.77 - Certifying Past-Due Support Information or Failure to Comply with a Subpoena or Warrant to State Licensing Agencies (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart D - ENFORCEMENT OF CHILD SUPPORT ORDERS › Section 160.85 - Diligent Efforts to Serve Process

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall make diligent efforts to serve process
				  upon a responsible relative when necessary to establish, modify or enforce
				  support under Sections
				  160.60,
				  160.65
				  and
				  160.70, as
				  follows:
a) The Department shall
				obtain information concerning:
1) the
				responsible relative's whereabouts, including without limitation:
A) the relative's home address;
B) the address of the relative's
				employer;
C) the addresses of
				family and friends who might know of the relative's whereabouts; or
D) places frequented by the relative;
				and
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart D - ENFORCEMENT OF CHILD SUPPORT ORDERS › Section 160.88 - State Case Registry

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant
				to Section 10-27 of the Illinois Public Aid Code [305 ILCS 5], the Department
				shall establish an automated State Case Registry to contain records concerning
				child support orders for:
1) all Title IV-D
				cases; and
2) all other cases
				entered or modified on or after October 1, 1998, and pursuant to Sections 10-10
				and 10-11 of the Illinois Public Aid Code, and pursuant to the Illinois
				Marriage and Dissolution of Marriage Act [750 ILCS 5], the Non-Support of
				Spouse and Children Act [750 ILCS 15], the Uniform Interstate Family Support
				Act [750 ILCS 22] or the Illinois Parentage Act of 2015 [750 ILCS
				46].
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart D - ENFORCEMENT OF CHILD SUPPORT ORDERS › Section 160.89 - Interest

Current through Register Vol. 48, No. 28, July 12, 2024
a) Interest
				Established and Enforced with the Assistance of the Department
1) Unadjudicated Interest
A) Unadjudicated interest is interest that
				has not been reduced to a judgment by a court for judicial cases or the
				Department for administrative cases. A non-assistance custodial parent is an
				individual who completes an application for IV-D services (see Sections
				160.5 and
				160.10).
B) Effective January 1, 2021, the Department
				will provide a custodial parent, on a one-time basis, the opportunity to
				establish unadjudicated interest through the Department. The Department will
				accept one-time written requests from a custodial parent for both judicial
				cases and administrative cases. The Department will establish unadjudicated
				interest when the custodial parent makes a written request and meets all of the
				following criteria:
i) The emancipation of the
				youngest child on the case for which the custodial parent is requesting
				interest;
ii) The principal balance
				for current support is $0.00 on the case for which the custodial parent is
				requesting interest;
iii) The
				minimum amount of interest due to the custodial parent on that case is $500;
				and
iv) The written request must be
				received by the Department within one year after meeting the criteria of this
				subsection (a)(1)(B) or, if applying for IV-D services, after the emancipation
				of the child, within one year after applying for IV-D services, provided that
				they meet the required criteria.
C) Effective January 1, 2021, interest on
				cases meeting the criteria of subsection (a)(1)(B) shall be calculated
				prospectively from the last judgment entered and contained in the Department's
				certified computer system or, if no judgment was entered, from the charges and
				payments, or balances, reflected and contained in the Department's certified
				computer system.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart E - EARMARKING CHILD SUPPORT PAYMENTS › Section 160.90 - Earmarking Child Support Payments

Current through Register Vol. 48, No. 28, July 12, 2024
a) Child support payments may be earmarked
				for the needs of a specific child or set of children. "Earmarking" refers to:
1) the restriction of the use of all or a
				portion of the child support payments for:
A)
				children receiving Supplemental Security Income (SSI); and
B) children not eligible to receive TANF for
				reasons other than sanctions.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart F - DISTRIBUTION OF SUPPORT COLLECTIONS › Section 160.95 - State Disbursement Unit

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Department shall establish a State Disbursement Unit in accordance with the
				provisions of Section 10-26 of the Illinois Public Aid Code [305 ILCS
				5/10-26 ] and Section 454B, Title IV-D of the Social
				Security Act (
				42 USC
				654 b ). The purpose of the State
				Disbursement Unit shall be to collect and disburse support payments made under
				court and administrative support orders:
1)
				in IV-D cases; and
2) in non-IV-D
				cases in which support payments are made under the provisions of the Income
				Withholding for Support Act [750 ILCS 28 ].
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart F - DISTRIBUTION OF SUPPORT COLLECTIONS › Section 160.100 - Distribution of Child Support for TANF Recipients

Current through Register Vol. 48, No. 28, July 12, 2024
a) For the purposes of distribution under
				this Section, amounts collected shall be treated first as payment on the
				required support obligation for the month in which the child support was
				collected and if any amounts are collected which are in excess of such amount,
				these excess amounts shall either be treated as amounts which represent payment
				on the required support obligation for previous months, or shall be applied to
				future obligations, if there are no outstanding obligations. "Date of
				collection" shall be as defined in Section
				160.5.
b) In accordance with
				305 ILCS
				5/4-1 .6, all child support collected on behalf of a
				family shall be passed through to the family and disregarded in determining the
				amount of the assistance grant provided to the family.
c) If an amount collected as support
				represents payment on the required support obligation for future months, the
				amount collected shall be applied to future months. However, no such amounts
				shall be applied to future months unless amounts have been collected that fully
				satisfy the support obligation assigned for the current month and all past
				months.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart F - DISTRIBUTION OF SUPPORT COLLECTIONS › Section 160.110 - Distribution of Child Support for Former AFDC or TANF Recipients Who Continue to Receive Child Support Services

Current through Register Vol. 48, No. 28, July 12, 2024
Upon cancellation of TANF or AFDC, a client's assignment of
				  support ceases (see Section
				  160.20). Any unpaid support that
				  accrued during the period of assignment shall be due to the client, and child
				  support payments received shall be distributed as follows:
a) Current Support: The client is entitled to
				receive an amount of money equal to the monthly support obligation amount that
				is collected for current support.
b) Past Support: Any amount in excess of the
				current support obligation is first applied to past support owed the client and
				sent to the client.
c) Future
				Support: If an amount collected as support represents payment on the required
				support obligation for future months, the amount collected shall be applied to
				future months and sent to the client in the future months for which it will be
				due, except when the collection was the result of a federal income tax refund
				intercept. In any collection resulting from a federal income tax refund
				intercept, distribution will be applied in accordance with Section
				160.130. If no future support is
				due, the excess shall be refunded to the responsible relative.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart F - DISTRIBUTION OF SUPPORT COLLECTIONS › Section 160.120 - Distribution of Child Support Collected While the Client Was an AFDC or TANF Recipient, But Not Yet Distributed at the Time the AFDC or TANF Case Is Cancelled

Current through Register Vol. 48, No. 28, July 12, 2024
Child support payments received in a month in which a client
				  is a current AFDC or TANF recipient, but which have not been distributed when
				  the client's AFDC or TANF case is cancelled shall be distributed in accordance
				  with Section 160.100.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart F - DISTRIBUTION OF SUPPORT COLLECTIONS › Section 160.130 - Distribution of Intercepted Federal Income Tax Refunds

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall as promptly as possible apply
				  collections it receives as a result of intercept of federal income tax refunds
				  only against the past-due support amount specified in the advance notice
				  provided the responsible relative (see Section
				  160.70(c)(3)
				   ).
a) Federal income tax refunds shall be
				applied first to satisfy any IV-D AFDC, IV-D TANF or IV-E foster care assigned
				past-due support and then to satisfy any IV-D non-TANF past-due
				support.
b) The Department shall
				send payments made to a IV-D client or DCFS as a result of the intercept of
				federal or State income tax refunds and other State payments within 30 calendar
				days after initial receipt by the Department, except as described in
				subsections (c) and (d) of this Section.
c) When a responsible relative initiates the
				review process under Section
				160.70(b)(3)(C)
				 between the date of the tax refund intercept
				and the date the Department disburses the intercepted funds or the
				30th calendar day after the Department's initial
				receipt of those funds, whichever first occurs, the State Disbursement Unit
				shall send any funds determined to be due the IV-D client or DCFS within 15
				calendar days after the review process concludes.
d) If the Department is notified by the
				federal Office of Child Support Enforcement that an intercept to satisfy IV-D
				non-TANF past-due support is being made from a refund based on a joint return,
				the Department may delay distribution of the federal tax refund intercept until
				it is notified that the unobligated spouse's proper share of the refund has
				been paid or for a period not to exceed six months from notification of the
				intercept, whichever first occurs.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart F - DISTRIBUTION OF SUPPORT COLLECTIONS › Section 160.132 - Distribution of Child Support for Non-TANF Clients

Current through Register Vol. 48, No. 28, July 12, 2024
Child support payments which are received on behalf of a
				  client who has never been an AFDC or TANF recipient shall be distributed in
				  accordance with the timeframes and provisions of subsections (a) through (c)
				  below.
a) Current support: The
				Non-Assistance client is entitled to receive an amount of money equal to the
				monthly support obligation amount that is collected for current support. The
				entire amount of the current support collected shall be sent to the client
				within two business days after the date of initial receipt in the
				State.
b) Past support: Any amount
				in excess of the current support obligation is applied to past support owed the
				non-TANF client and shall be sent to the client within two business days after
				the date of initial receipt in the State.
c) Future support: If an amount collected as
				support represents payment on the required support obligation for future
				months, the amount collected shall be applied to future months and shall be
				sent to the client within two business days after the date of the initial
				receipt in the State.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart F - DISTRIBUTION OF SUPPORT COLLECTIONS › Section 160.134 - Distribution of Child Support for Intergovernmental Cases

Current through Register Vol. 48, No. 28, July 12, 2024
Child support payments which are received on behalf of an
				  initiating agency shall be forwarded to the initiating agency within two
				  business days after the date of initial receipt in this
				  State.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart F - DISTRIBUTION OF SUPPORT COLLECTIONS › Section 160.138 - Distribution of Child Support for Medical Assistance No Grant Cases

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of distribution under this Section, child
				  support amounts collected in Medical Assistance No Grant Cases, in which the
				  caretaker relative has never received AFDC or TANF payments, shall be treated
				  in accordance with the provisions of Section
				  160.132.
				  For Medical Assistance No Grant Cases in which the caretaker relative received
				  AFDC or TANF payments, distribution shall be treated in accordance with the
				  provisions of Section
				  160.110.