reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 50 - CHILD CARE › Subpart L - INTENTIONAL PROGRAM VIOLATIONS › Section 50.1210 - Intentional Program Violations and Fraud

Current through Register Vol. 48, No. 28, July 12, 2024
a) Child care providers whose employees are
				covered by a collective bargaining agreement with DHS shall refer to the
				relevant agreement, rather than the procedure outlined in this
				Section.
b) An intentional program
				violation occurs when:
1) Parents or other
				relatives knowingly provide false or misleading statements, or engage in
				misrepresentation, concealment, or withholding of relevant facts or
				information; or
2) Parents or other
				relatives or child care providers knowingly fail to comply with the
				requirements of the Child Care Assistance Program as stated in
				45 CFR
				98.20 and
				98.21 and
				89 Ill. Adm. Code
				50.110,
				50.210, and
				50.230.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 50 - CHILD CARE › Subpart L - INTENTIONAL PROGRAM VIOLATIONS › Section 50.1220 - Improper Payments and Sanctions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Child care providers whose employees are covered by a collective bargaining
				agreement with DHS shall refer to the relevant agreement, rather than the
				procedure outlined in this Section.
b) The Department has the discretion to
				impose sanctions upon parents or other relatives or child care providers that
				commit an intentional program violation or an act of fraud in an effort to
				obtain eligibility, benefits, or financial gain or profit from the Child Care
				Assistance Program to which they would otherwise not be entitled (see
				45 CFR
				98.68). The Department shall take into
				consideration the nature of the offense, whether or not an improper payment was
				made, the amount of the improper payment, and the length of time over which the
				offense occurred when determining the level of sanction to be imposed (see
				subsection (c)(1)).
c) The
				Department's Division of Early Childhood is responsible for the detection,
				prevention, reduction, and identification of intentional program violations or
				fraud by parents or other relative recipients of child care benefits and child
				care providers. All cases of suspected intentional program violations or fraud
				will be referred to the Division for investigation which may lead to the
				recovery of improper payments, sanctions, and/or criminal prosecution.
				Depending on the nature of the violation, the Division may refer cases to the
				Department of Healthcare and Family Services' Bureau of Investigations or the
				State of Illinois Office of the Executive Inspector General for additional
				review and potential prosecution as determined by the Office of the Attorney
				General.
1) The Division may impose any of the
				following sanctions on parents or other relatives or child care providers for a
				first-time offense:
A) If there is no improper
				payment involved, issue a warning and require a counseling/educational session
				on program rules and requirements.
B) Require repayment of improper child care
				assistance payments.
C) Require
				repayment of the child care assistance payment; and
i) Suspend the parent or other relatives from
				the program for one year; or
ii)
				Suspend the child care provider from new case approvals for one year.
D) Require repayment of the
				improper payment and terminate the parent or other relative and/or the child
				care provider from the Child Care Assistance Program permanently.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 50 - CHILD CARE › Subpart L - INTENTIONAL PROGRAM VIOLATIONS › Section 50.1240 - Hearing Process for Child Care Providers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Child care providers whose employees are
				covered by a collective bargaining agreement with DHS shall refer to the
				relevant agreement, rather than the procedure outlined in this
				Section.
b) Child care providers
				may request a hearing regarding the imposition of a sanction as follows:
1) Notification of all sanction actions will
				be sent to the provider and the Division of Early Childhood by the Department
				or its agents. The notification will include a description of the violation and
				the statute or administrative rule that has been violated and the instructions
				for filing an appeal.
2) Child care
				providers must file first-level appeals of sanctions with the DHS Division of
				Early Childhood Bureau of Subsidy Management's Policy Unit within 60 calendar
				days of the date on the notification action (see subsection (b)(1)) that they
				are disputing.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 101 - GENERAL ADMINISTRATIVE PROVISIONS › Section 101.1 - 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 101 - GENERAL ADMINISTRATIVE PROVISIONS › Section 101.10 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
			 applies to activities of the Department of Healthcare and Family Services, the
			 Department of Human Services and local governmental units in administering
			 those programs and activities authorized by the Illinois Public Aid Code [305
			 ILCS 5 ] and any other applicable statutes.
b) Should any provision of this Part be
			 unconstitutional or invalid for any reason whatsoever, these holdings shall not
			 affect the validity of the remaining portions of this Part.
c) All rules and regulations of the Illinois
			 Department of Public Aid previously filed with the Secretary of State, with the
			 exception of the Rules for Medical Vendor Administrative Proceedings filed and
			 effective on an emergency basis December 27, 1977, were replaced by adoption of
			 this Part.
d) This Part shall be
			 operative only to the extent that it does not conflict with any Federal law or
			 regulation governing Federal grants to this State for public assistance
			 programs.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 101 - GENERAL ADMINISTRATIVE PROVISIONS › Section 101.30 - Assistance Programs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 types of assistance programs administered by DHS include: financial assistance
			 and SNAP benefits. The types of assistance programs administered by HFS
			 include: medical assistance and child support services.
b) Financial Assistance Programs - consist
			 primarily of direct cash payments to recipients. The various financial
			 assistance programs are:
1) Aid to the Aged,
			 Blind or Disabled - State Supplemental Payment
For aged, blind or disabled persons.
2) Temporary Assistance for Needy Families
For families with one or more children.
3) Refugee Resettlement Program (RRP)
For refugees from any country.
4) Repatriate Program
For United States citizens and their dependents returned from a
				foreign country by the U.S. Department of State.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 101 - GENERAL ADMINISTRATIVE PROVISIONS › Section 101.40 - Assistance Program Restrictions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 An individual shall be eligible to receive financial assistance under only one
			 of the following types of assistance programs at any one time:
1) Categorical Assistance (TANF or AABD);
			 or
2) Assistance to Refugees,
			 Entrants and Repatriates.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 101 - GENERAL ADMINISTRATIVE PROVISIONS › Section 101.50 - Reporting Suspected Fraud or Abuse

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any suspected fraud or abuse related to
			 the Medical Assistance, Children's Health Insurance, Covering All Kids Health
			 Insurance, Child Support Enforcement, Aid to the Aged, Blind and Disabled,
			 Temporary Assistance to Needy Families, SNAP and Child Care Programs, and other
			 programs administered by the Department of Human Services, the Department on
			 Aging, or the Department of Healthcare and Family Services, should be reported
			 to the Office of the Inspector General (HFS-OIG):
1) in person or by U.S. Mail to the Office of
			 Inspector General, Department of Healthcare and Family Services, 2200 Churchill
			 Road, A-1, Springfield, Illinois 62702;
2) or by:
A) toll free telephone to the Office of
			 Inspector General at 1-844-453-7283 (1-844-ILFRAUD); or
B) e-mail at
			 hfs.oig.fraudhotline@illinois.gov; or
C) online at:
www.illinois.gov/hfs/oig
.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.1 - 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 102 - RIGHTS AND RESPONSIBILITIES › Section 102.20 - Nondiscrimination

Current through Register Vol. 48, No. 28, July 12, 2024
a) No individual
			 participating in any program or activity shall be discriminated against because
			 of race, color, religious belief, political affiliation, sex, national origin
			 or handicap.
b) No direct payment
			 for goods and services provided shall be made to any agency, institution,
			 organization or individual vendor which initiates or continues prohibited
			 discriminatory practices.
c)
			 Information regarding the Department's nondiscrimination policy shall be made
			 available to all applicants at the time of application, all recipients upon
			 request, all vendors receiving direct payment from the Department and all other
			 interested parties as necessary.
d)
			 Any aggrieved person may file a written complaint of alleged discriminatory
			 conditions or practices encountered in the Department's programs and
			 activities.
e) No individual or
			 household applying for or participating in the Food Stamp Program administered
			 by the Department shall be discriminated against because of age, race, color,
			 sex, handicaps, religious creed, national origin, or political beliefs. The
			 individual/household is not to be discriminated against in any aspect of
			 program administration, including, but not limited to, the certification of
			 households, the issuance of coupons, the conduct of fair or fraud hearings, or
			 the conduct of any other program service.
1)
			 Individuals who believe that they have been subject to discrimination, as
			 described in (e) above, may file a written complaint. When an individual
			 expresses an interest in filing a discrimination complaint, the Department is
			 to:
A) explain the United States Department
			 of Agriculture (USDA) complaint procedure, (the procedure is outlined in
			 7 CFR
			 272.7(c) ), and
B) explain the Department (IDPA) complaint
			 procedure, and
C) advise the
			 individual of the right to file a complaint in either or both the USDA and/or
			 IDPA complaint systems.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.21 - Voter Registration

Current through Register Vol. 48, No. 28, July 12, 2024
a) As
			 mandated by the National Voter Registration Act of 1993,
			 Public Law
			 103-31, Department staff are required to allow
			 clients the opportunity to register to vote and to assist clients in completing
			 voter registration forms.
b) An
			 application for assistance is a signed request for AFDC, Food Stamps or
			 Medicaid benefits. The opportunity to register to vote shall be given at each
			 application for assistance and at each recertification of Food Stamp benefits
			 or other face-to-face redetermination.
c) The opportunity to register to vote shall
			 be made to all clients, age 18 and over, who have signed the application for
			 AFDC, Food Stamps, Transitional Assistance, Child and Family Assistance or
			 Medicaid benefits and who are present at the eligibility interview.
d) The Department shall allow each member of
			 the household over the age of 18 years, who must sign the application for
			 public assistance and is present for the eligibility interview, the opportunity
			 to register to vote. Each individual may decline.
e) Department staff shall provide the same
			 degree of assistance to each applicant in completing the voter registration
			 form as provided by the Agency with regard to the completion of its own forms,
			 unless the applicant refuses such assistance.
f) Department staff shall not:
1) seek to influence an applicant's political
			 preference or party registration;
2) display any political preference or party
			 allegiance;
3) make any statement
			 or take any action to discourage an applicant from registering to vote;
			 or
4) make any statement or take
			 any action to lead an applicant to believe that a decision to register or not
			 to register will affect the availability of assistance.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.25 - Grievance Rights of Clients

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 When clients feel that they have not been treated with courtesy, consideration
			 or respect by a Department employee, they or their representative may file a
			 written grievance. The client may file a written grievance in any Department
			 office, even if the grievance is against a staff person not working in that
			 office.
b) The Department will
			 investigate any written grievance which is filed within 60 days after the
			 grieved occurrence. A client grievance filed more than 60 days after the
			 grieved occurrence will not be investigated by the Department.
c) Responsibility for Handling a Grievance
1) When the client is in the local office and
			 files a grievance against a local office staff person, the intermediary will
			 handle the grievance.
2) When the
			 client is in the local office and files a grievance against the local office
			 administrator, the local office administrator or designee will accept the
			 grievance and notify the next higher level supervisor.
3) When the client is in the local office and
			 files a grievance against other agency personnel, the worksite manager will
			 accept the grievance and notify the appropriate intermediary.
4) When the client is in any other Department
			 office and files a grievance against a local office staff person or other
			 agency personnel, the worksite manager will accept the grievance and notify the
			 appropriate intermediary within 48 hours.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.30 - Confidentiality of Case Information

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 For the protection of clients, any information about a client or case is
			 confidential and shall be used only for purposes directly related to the
			 administration of the assistance programs. The following shall be considered as
			 included in the administration of the programs:
1) The establishment of a client's initial or
			 continuing eligibility for public assistance;
2) The establishment or the extent of an
			 individual's need for financial assistance, medical assistance or other
			 services; and
3) The establishment
			 of procedures assuring the health and safety of the client.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.35 - Case Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The case
			 record is a business record established by the Department and it shall
			 constitute the Department's official record concerning clients and applicants.
			 It consists of all information obtained by the Department to determine a
			 client's or applicant's eligibility for medical assistance, and it may include
			 paper and electronic documents, information obtained from electronic and other
			 data sources, and notes about the case.
b) The case record shall indicate the basis
			 for approval or denial of the eligibility.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.50 - Reporting Change of Circumstances

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is the responsibility of the client to
			 report any change in circumstances, household composition or receipt of income
			 or assets which might affect the client's assistance. This information shall be
			 reported to the local office within five working days of the change or prior to
			 the expenditure of funds received, whichever occurs first. When there is a
			 change in the household composition, this information shall be reported to the
			 local office immediately.
b) AABD -
			 Group Care
When an individual other than the recipient maintains the
				recipient's funds (income and/or assets), it is the responsibility of that
				individual to report any changes in circumstances to the local office. Any
				changes that may affect the recipient's continued eligibility for medical or
				financial assistance, including receipt of lump sum payments, shall be reported
				to the local office within five working days of the change.
c) Food Stamps
It shall be the responsibility of the Food Stamp household to
				report any changes in circumstances which might affect the household's
				participation in the Food Stamp Program and to report any changes in gross
				income deductions of $25.00 or more per month. The above changes must be
				reported to the local office within 10 calendar days of the date the change
				becomes known to the household.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.60 - Referral Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
A client shall have the right to receive information about
				programs and services of the Department or the local GA office. The client also
				shall have the right to be referred to other agencies for appropriate programs
				and services. The client has the responsibility to accept a referral to a
				source of potential financial, medical or service assistance.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.63 - Reporting Child Abuse/Neglect

Current through Register Vol. 48, No. 28, July 12, 2024
a) As
			 mandated by the Abused and Neglected Child Report Act, Department staff are
			 required to immediately report to the Department of Children and Family
			 Services suspected abuse or neglect. A Report is to be filed when there is
			 reason to believe a child may be an abused or neglected child or when
			 information is received that a child may be an abused or neglected child. Abuse
			 or neglect as defined by State law (Section 3 of the "Abused and Neglected
			 Child Reporting Act", Ill. Rev. Stat. 1983, ch. 23, par. 2053) and the Rules
			 and Regulations of the Department of Children and Family Services (89 Ill. Adm.
			 Code 302: Subpart B), are reportable.
b) This reporting requirement applies to all
			 Department staff. This includes income maintenance and any other staff who
			 suspect that a child with whom they have had contact in a working capacity, is
			 an abused or neglected child.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.66 - Suitability of Home

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
			 is required to consider the suitability of the home of a child in a family
			 receiving financial assistance in relation to the standards of care and health
			 fixed by the laws of the state (Section 4 of the "Abused and Neglected Child
			 Reporting Act", Ill. Rev. Stat. 1983, ch. 23, par. 2054)) and by rules and
			 regulations of the Illinois Department of Children and Family Services (89 Ill.
			 Adm. Code 302: Subpart B). If Department staff determine that the home of a
			 child in a family receiving financial assistance does not appear to be
			 suitable, such person shall file a report with the Department of Children and
			 Family Services as required by the Abused and Neglected Child Reporting
			 Act.
b) This reporting requirement
			 applies to all Department staff. This includes income maintenance and any other
			 staff who determine that a child with whom they have had contact in a working
			 capacity resides in a home that is unsuitable.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.70 - Notice to Client

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every
			 applicant for assistance shall be sent or given a written notice of disposition
			 of the application.
b) Every
			 recipient for assistance shall be sent or given a written notice whenever
			 assistance is reduced or discontinued.
c) Notices denying, reducing or discontinuing
			 assistance shall contain the following information:
1) A clear statement of the action being
			 taken.
2) A clear statement of the
			 reason for the action.
3) A
			 reference to the statute, rule or policy provision under the authority of which
			 the action is taken. From March 1997 through March 1998, references to
			 provisions of the Department's policy manuals using the numbering system in use
			 in 1996 shall be deemed to be references to the corresponding provisions of the
			 new numbering system introduced in 1997.
4) A complete statement of the client's right
			 to appeal (see subsection (d) and Sections
			 102.80 through
			 102.82
			 ).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.80 - Right to Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
			 individual who applies for or receives financial or medical assistance, social
			 services or food stamps benefits shall have the right to appeal any of the
			 following:
1) Refusal to accept an
			 application or reapplication;
2)
			 Failure to act on an application within the mandated time period;
3) A decision to deny an
			 application;
4) A decision to
			 reduce, suspend, terminate or in any way change the amount of assistance/food
			 stamps or manner in which it is provided;
5) Failure to make a decision or take
			 appropriate action on any request which the client makes;
6) A decision affecting the basis of issuance
			 of food stamps with which the client disagrees;
7) A decision to deny the payment for a
			 medical service or item that requires prior approval;
8) A decision granting prior approval request
			 for a lesser or different medical service or item than was originally
			 requested;
9) An issue of
			 Department policy, if the client is aggrieved by its application;
10) The determination of the amount of a
			 premium that may be charged to a client under any medical assistance program.
			 The Department's determination of the amount of a premium shall remain in force
			 during the appeal process;
11)
			 Imposition of a penalty period under 89 Ill. Adm. Code
			 120.387
			 or
			 120.388;
			 or
12) A denial of a request for a
			 hardship waiver under 89 Ill. Adm. Code
			 120.379(i),
			 120.385(c)(3)
			 or
			 120.388(r).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.81 - Continuation of Assistance Pending Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) If an appeal is initiated by the date a
			 reduction or discontinuance will occur or within ten (10) calendar days of the
			 date of the adequate notice, assistance shall be continued at the level in
			 effect prior to the proposed action, pending the results of the fair hearing
			 process, unless the individual specifically request that his/her assistance
			 benefits not be continued. If the date the reduction or discontinuance will
			 occur or the 10th calendar day is a Saturday, Sunday or a holiday, the client
			 has until the end of the next work day to file his/her appeal.
b) If a food stamp household files an appeal
			 as the result of normal expiration of the certification period, or as a result
			 of action taken on the initial or subsequent application, benefits shall not be
			 continued at the previous level.
c)
			 If a food stamp household timely appeals a suspension from program
			 participation for failure to file a Monthly Report by the date the suspended
			 benefits would have been issued or within ten (10) days from the date of notice
			 of adverse action, whichever is later, (See 89 Ill. Adm. Code
			 121.91(i)
			 ) and the household admits that it did not submit the Monthly Report, the
			 household is not entitled to continuation of benefits.
d) If an individual appeals the Department's
			 decision to initiate a protective payment plan by the date initiation of the
			 plan will occur, the protective payment plan shall not be initiated pending the
			 results of the fair hearing process.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.82 - Time Limit for Filing an Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 right of appeal (except for food stamp cases) must be exercised within 60
			 calendar days of the date of the Department's action to notify the client. All
			 written notifications to clients are to bear the same date as the date of
			 mailing or delivery. Day one of the 60 day time period shall be the day
			 following:
1) The date on a written
			 notification of a decision on an application, reduction, suspension,
			 termination or discontinuance assistance and/or food stamp benefits, absent
			 definitive evidence to the contrary that the notification was mailed (or
			 delivery attempted) on a different date;
2) The date of the Department's notification
			 of denial of a request or other action which aggrieves the client when that
			 denial or action is other than an application decision or a decision to reduce,
			 suspend or terminate assistance.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.83 - Examining Department Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 At any time during the regular office hours of the Department, the Department
			 shall permit a client (as defined at 89 Ill. Adm. Code
			 101.20 ) and/or a
			 client's authorized representative to examine the client's case record(s) in
			 the presence of a Department employee and to obtain copies of such case record
			 material(s) upon payment of a charge for reproduction.
b) At any time within 35 days following
			 release of the decision the appellant and/or authorized representative may
			 review, at the local office, the documents presented by the Department at the
			 hearing, the findings of fact, and the decision.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.84 - Child Care

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
			 shall authorize payment of child care expenses, if needed, to allow an AFDC or
			 AABD (not MANG) client (active, pending, denied, or cancelled case status) to
			 attend an appeal hearing. (See 89 Ill. Adm. Code
			 112.308
			 for child care rates.)
b) The
			 appellant must request the payment no later than 30 days after the
			 hearing.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.90 - Voluntary Repayment of Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
a) A recipient or former recipient of
			 assistance may voluntarily repay all or part of the assistance
			 provided.
b) A responsible relative
			 or other person may, in behalf of a recipient or former recipient, repay all or
			 part of the assistance provided.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.120 - Correction of Underpayments

Current through Register Vol. 48, No. 28, July 12, 2024
When it is determined that an AFDC assistance unit has not
				received all the assistance to which it is entitled, the Department shall
				provide retroactive corrective payments when the assistance unit is currently
				active.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.200 - Recovery of Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
a) By means
			 of claims against the estates of deceased recipients and the estates of their
			 deceased spouses and liens against recipients' real property interests, the
			 Department has a statutory right to recover assistance provided to or in behalf
			 of recipients according to the terms prescribed in this Section.
b) The Department shall effect its recoveries
			 by one of the following actions:
1)
			 Acceptance of an amount, as settlement, equal to the estimated amount which
			 would be collected if the estate were administered or the lien
			 foreclosed;
2) Administration of
			 the estate; or
3) Foreclosure of
			 the lien.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.210 - Estate Claims

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definitions in
			 this Section are as follows:
1) "Estate" - all
			 real and personal property within an individual's estate as provided in the
			 Probate Act of 1975 [
			 755 ILCS
			 5 ]. For a decedent who received benefits under a
			 qualified long term care insurance policy in connection with which assets were
			 disregarded (see subsection (f), the term "estate" includes all real and
			 personal property in which the individual had legal title or interest at the
			 time of death (to the extent of that interest), including assets conveyed to a
			 survivor, heir or assignee of the deceased person through joint tenancy,
			 tenancy in common, survivorship, life estate, living trust or other
			 arrangement.
2) "Beneficiary" - any
			 person nominated in a will to receive an interest in property other than in a
			 fiduciary capacity.
3) "Heir" - any
			 person entitled under the statutes to an interest in property of a
			 decedent.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.220 - Real Property Liens

Current through Register Vol. 48, No. 28, July 12, 2024
The Department's lien against a recipient's real property shall
				encompass:
a) all medical assistance
			 paid out at any time for a permanently institutionalized recipient on or after
			 July 14, 1993, and
b) all income
			 maintenance assistance paid to or on behalf of a recipient on or after the
			 following dates:
Assistance Program
Effective Date
AABD(A)
January, 1962
AABD(B) and (D)
November, 1963
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.230 - Filing and Renewal of Liens

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department shall file a lien against:
1) The
			 homestead property owned by:
A) a recipient
			 of AABD; or
B) a permanently
			 institutionalized recipient of MANG(A), (B) or (D), except as provided in
			 Section
			 102.235;
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.235 - Liens on Property of Institutionalized Recipients

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definitions in this Section are as
			 follows:
1) "Institutionalized individual" -
			 individual of any age who is an inpatient in a nursing facility or other
			 medical institution and who must, as a condition of receiving services in the
			 institution, apply his or her income to the cost of care.
2) "Individual's home" - dwelling with
			 adjoining and related real estate which the individual owns and occupies, or
			 when temporarily absent, dwelling in which the individual maintains an intent
			 to return.
3) "Equity interest in
			 the home" - current market value of the home less all encumbrances.
4) "Residing in the home for at least one or
			 two years on a continuous basis" - occupancy of an individual's home by a
			 sibling or child of the individual as a primary place of residence. During the
			 one or two year period, the individual's home address was used by the sibling
			 or child as his or her mailing address, or his or her address used for driver's
			 license or voter registration purposes, and the address remained
			 unchanged.
5) "Discharge from the
			 medical institution and return home" - the attending physician has signed an
			 order for discharge from the medical institution, following which the
			 individual has returned to reside in his or her own home.
6) "Lawfully residing" - use of the property
			 of an individual in a medical institution as the home of a spouse or a minor,
			 blind or disabled child, or a sibling with an ownership interest in the home.
			 Such property must be the spouse's child's or sibling's mailing address, or his
			 or her address used for driver's license or voter registration
			 purposes.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.240 - Foreclosure of Liens

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department may enforce a lien by foreclosure:
1) At any time when there is a transfer of a
			 recipient's real property subject to the lien;
2) In case of fraud; or
3) At the time of the recipient's
			 death.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.250 - Release of Liens

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department shall release a lien when:
1) The
			 Department receives full repayment of the assistance granted subject to the
			 lien;
2) A bond is filed, with a
			 surety or sureties acceptable to the Department, which guarantees payment of
			 the amount of the lien;
3) The lien
			 was filed in error; or
4) MANG(A),
			 (B) or (D) recipient has been medically discharged from an institution and
			 returns to his or her home on which the Department holds a lien.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.260 - Personal Injury Claims

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Clients who suffer a personal injury and have a potential for recovery of
			 damages as a result of the type or severity of the injury, must report such
			 injuries to the Department and take action to collect any damages which may be
			 due.
b) The Department shall
			 collect payment from personal injury settlements paid in behalf of clients. The
			 Department shall not collect payment from claims covered by the Workers'
			 Compensation Act (Ill. Rev. Stat. 1985, ch., 48, par. 138.1 et seq.), the
			 Workers' Occupational Diseases Act (Ill. Rev. Stat. 1985, ch. 48, par. 172.36
			 et seq.) or an Act requiring compensation for causing death by wrongful act,
			 neglect or default (Ill. Rev. Stat. 1985, ch. 70, pars. 1-22).
c) The Department shall have a charge equal
			 to the total cost of medical assistance provided to an injured individual from
			 the date of the injury to the date of recovery of damages.
d) If an employable individual receives
			 assistance for himself and/or dependents, the Department's charge shall also
			 include the total cost of cash and medical assistance issued as a result of the
			 injury which was provided for the individual and his dependents from the date
			 of injury to the date of recovery of damages. The Department's charge is for
			 assistance provided for the injured recipient and his dependents even if all
			 persons are not included in a single assistance unit.
e) Payment received by a client as damages
			 for a personal injury shall be considered nonexempt unearned income after
			 payment of the following expenses:
1)
			 necessary costs of litigation or settlement;
2) the Department's charge;
3) medical costs resulting from the injury
			 and paid by the client; and
4)
			 expenses to repair or replace personal property which was damaged as a result
			 of the injury.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 102 - RIGHTS AND RESPONSIBILITIES › Section 102.270 - Convictions of Fraud - Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Multiple Convictions
Any person who has been found guilty of a criminal violation of
				Article VIIIA of the Illinois Public Aid Code [305 ILCS 5 /Art. VIIIA] or of
				any law of the United States or another state which is substantially similar to
				Sections 8A-2 through 8A-5 of Article VIIIA, two or more times, shall be
				ineligible for assistance under the GA program (in the City of Chicago) or the
				State AABD program. Children for whom such a person is a caretaker relative
				shall remain eligible for assistance under this Code.
b) Single Convictions of $10,000 or more
Any person who has been found guilty of a criminal violation of
				Article VIIIA of the Illinois Public Aid Code [305 ILCS 5/Art. VIIIA], who has
				not previously been convicted of a criminal violation of Article VIIIA and has
				amassed $10,000 or more in such criminal violation, shall be ineligible for
				assistance under the GA program (in the City of Chicago) or the State AABD
				program for a period of two years following conviction or until the total
				amount of money, including the value of food stamps, is repaid, whichever first
				occurs. Children for whom such a person is a caretaker relative shall remain
				eligible for assistance.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 103 - SUPPORT RESPONSIBILITY OF RELATIVES › Section 103.1 - 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 103 - SUPPORT RESPONSIBILITY OF RELATIVES › Section 103.10 - Support from Responsible Relatives

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall seek to obtain
			 support for recipients from legally responsible individuals and shall seek the
			 enforcement of support obligations with the following exception: the Department
			 shall not seek to obtain support for residents of long term care facilities if
			 income of the spouse in the community is less than or equal to the Community
			 Spouse Maintenance Needs Standard (as described at 89 Ill. Adm. Code
			 120.61
			 ).
b) The following persons are
			 "responsible relatives" who are legally responsible for the financial support
			 and maintenance of recipients:
1) Spouse for
			 spouse.
2) Parents for children
			 under 18 years of age.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 103 - SUPPORT RESPONSIBILITY OF RELATIVES › Section 103.20 - Determination Of Ability To Support

Current through Register Vol. 48, No. 28, July 12, 2024
a) Responsible relatives living apart from
			 the recipient/assistance unit.
1) For
			 responsible relatives living apart from the recipient/assistance unit:
A responsible relative is liable for all assistance provided to
				or in behalf of the recipient, unless the relative establishes a lesser ability
				to support by providing the Department with income and asset information from
				which it can determine the relative's ability to support. However, the monthly
				support obligation assessed a responsible relative determined able to pay shall
				not exceed the average monthly amount of assistance provided by the Department
				to or in behalf of the recipient.
2) Except in Title IV-D cases where the
			 guidelines set out in 89 Ill. Adm. Code
			 160.60(c)
			 shall apply, the Department shall apply Table A to the gross income figure
			 contained on the relative's most recent Federal Income Tax return to determine
			 the relative's ability to support. The relative must submit a copy of his/her
			 most recent Federal Income Tax return for this determination or remain liable
			 for all assistance provided to or in behalf of the recipient. If the
			 responsible relative has filed a joint tax return with a non-responsible
			 relative, only such income which is attributable to the responsible relative
			 will be considered.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 103 - SUPPORT RESPONSIBILITY OF RELATIVES › Section 103.25 - Establishment of Support Obligations

Current through Register Vol. 48, No. 28, July 12, 2024
Except in Title IV-D cases where support obligations shall be
				established in accordance with 89 Illinois Administrative Code
				160.60,
				the Department shall establish a responsible relative's obligation to support
				in the following manner:
a) A notice
			 of obligation to support, a return envelope, and a statement of the responsible
			 relative's rights and responsibilities are sent to the responsible relative via
			 certified mail, return receipt requested.
1)
			 If the responsible relative does not respond to the notice within thirty days,
			 the Department will issue a subpoena for records.
2) If the responsible relative submits the
			 necessary income records within thirty days, the Department determines the
			 responsible relative's ability to support in accordance with Section
			 103.20.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 103 - SUPPORT RESPONSIBILITY OF RELATIVES › Section 103.30 - Redetermination Of Ability To Support

Current through Register Vol. 48, No. 28, July 12, 2024
The Department will redetermine and, when indicated, adjust the
				amount of a support obligation on the basis of Table A if:
a) The relative has sustained a significant
			 reduction in income since the support obligation was determined, or
b) There has been an increase in the number
			 of the relative's dependents.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 103 - SUPPORT RESPONSIBILITY OF RELATIVES › Section 103.35 - Enforcement of Administrative Support Orders

Current through Register Vol. 48, No. 28, July 12, 2024
If the legally responsible relative has failed for ninety (90)
				days after the effective date of the support order to make regular support
				payments according to the support order and a balance due is outstanding, the
				Department may take any or all of the following actions to collect the past due
				support:
a) Referral to the
			 Department's legal representative for judicial enforcement of the
			 Administrative Support Order.
b)
			 Referral to the Comptroller of the State of Illinois for collection under
			 Section
			 10.05 of the State
			 Comptroller Act (Ill. Rev. Stat. 1991, ch. 15, par. 210.05 ).
c) Referral to a private collection agency
			 for collection.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 103 - SUPPORT RESPONSIBILITY OF RELATIVES › Section 103.40 - Failure or Refusal to Provide Information Regarding Ability to Support

Current through Register Vol. 48, No. 28, July 12, 2024
A responsible relative who refuses or fails upon request to
				provide the Department with income or assets information necessary to make a
				determination of ability to support shall remain liable for all assistance
				provided to or in behalf of the recipient.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 103 - SUPPORT RESPONSIBILITY OF RELATIVES › Section 103.50 - Modification Or Release From Support Order

Current through Register Vol. 48, No. 28, July 12, 2024
The responsible relative has the right to petition for
				modification of or release from the Department's order requiring the relative
				to provide support. The petition must be filed in writing with the Department
				no later than 30 days from the date of mailing of the support
				order.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 104 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEALS › Section 104.1 - Assistance Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
Sections
				  104.10
				  through
				  104.70
				  apply to all appeals before the Department filed by or in behalf of applicants
				  or recipients of public assistance under the Temporary Assistance for Needy
				  Families (TANF), Aid to Families with Dependent Children Program (AFDC), Aid to
				  the Aged, Blind, or Disabled Program (AABD), General Assistance Program (GA),
				  Medical Assistance Program, or Food Stamp Program, as administered by the
				  Department.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 104 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEALS › Section 104.10 - Initiation of Appeal Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) For
				General Assistance outside the city of Chicago, the appeal process is initiated
				by filing a written, signed request with the Public Aid Committee.
b) For all other appeals, the appeal process
				is initiated by either:
1) filing a written,
				signed request with the Assistance Hearings Section;
2) filing a written, signed request with the
				respective local office; or
3)
				telephoning a request to the Assistance Hearings Section's tollfree number for
				filing appeals.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 104 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEALS › Section 104.11 - Pre-Appeal Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon the
				initiation of an appeal, the Department shall immediately conduct an informal
				review of the action or inaction which has served as the basis for the appeal
				and, if indicated, reverse or modify its decision or take other action, as
				necessary.
b) If the appellant does
				not withdraw the appeal following the informal review, the Department shall
				complete a statement of facts supporting its action or inaction.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 104 - PRACTICE IN ADMINISTRATIVE HEARINGS › Subpart A - ASSISTANCE APPEALS › Section 104.12 - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department shall send written notice to all parties of the time, date and place
				of the hearing.
b) The written
				notice for food stamp hearings shall be provided at least 10 days prior to the
				hearing.