Bill Text: IL HB3042 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Public Aid Code. Provides that the Department of Human Services shall have the power to subpoena witnesses and compel the production of documents relating to applications for public assistance, which shall include the power to subpoena any and all evidence necessary to process applications for medical assistance under this Code. Provides that any person who otherwise fails to respond to a subpoena or who knowingly provides false information to the Department during an investigation is guilty of a Class A misdemeanor. Provides that an attorney representing an applicant or authorized representative admitted to practice in the State of Illinois may issue subpoenas on behalf of the Department for witnesses and documents relevant to the application. Provides that the authorization of the Department is not required to obtain the issuance by an attorney of a subpoena. Requires the Department to adopt rules necessary to allow the issuance of subpoenas including, but not limited to, the creation of a form subpoena for use by attorneys.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3042 Detail]

Download: Illinois-2019-HB3042-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3042 Introduced , by Rep. Michael D. Unes SYNOPSIS AS INTRODUCED:
305 ILCS 5/11-4 from Ch. 23, par. 11-4
Amends the Illinois Public Aid Code. Provides that the Department of Human Services shall have the power to subpoena witnesses and compel the production of documents relating to applications for public assistance, which shall include the power to subpoena any and all evidence necessary to process applications for medical assistance under this Code. Provides that any person who otherwise fails to respond to a subpoena or who knowingly provides false information to the Department during an investigation is guilty of a Class A misdemeanor. Provides that an attorney representing an applicant or authorized representative admitted to practice in the State of Illinois may issue subpoenas on behalf of the Department for witnesses and documents relevant to the application. Provides that the authorization of the Department is not required to obtain the issuance by an attorney of a subpoena. Requires the Department to adopt rules necessary to allow the issuance of subpoenas including, but not limited to, the creation of a form subpoena for use by attorneys.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Section 11-4 as follows:
(305 ILCS 5/11-4) (from Ch. 23, par. 11-4)
Sec. 11-4. Applications; assistance in making
applications. An application for public assistance shall be
deemed an application for all such benefits to which any person
may be entitled except to the extent that the applicant
expressly declines in writing to apply for particular benefits.
The Illinois Department shall provide information in writing
about all benefits provided under this Code to any person
seeking public assistance. The Illinois Department shall also
provide information in writing and orally to all applicants
about an election to have financial aid deposited directly in a
recipient's savings account or checking account or in any
electronic benefits account or accounts as provided in Section
11-3.1, to the extent that those elections are actually
available, including information on any programs administered
by the State Treasurer to facilitate or encourage the
distribution of financial aid by direct deposit or electronic
benefits transfer. The Illinois Department shall determine the

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applicant's eligibility for cash assistance, medical
assistance and food stamps unless the applicant expressly
declines in writing to apply for particular benefits. The
Illinois Department shall adopt policies and procedures to
facilitate timely changes between programs that result from
changes in categorical eligibility factors.
The County departments, local governmental units and the
Illinois Department shall assist applicants for public
assistance to properly complete their applications. Such
assistance shall include, but not be limited to, assistance in
securing evidence in support of their eligibility.
The Department shall have the power to subpoena witnesses
and compel the production of documents relating to applications
for public assistance. This shall include the power to subpoena
any and all evidence necessary to process applications for
medical assistance under this Code. Any person who otherwise
fails to respond to a subpoena or who knowingly provides false
information to the Department during an investigation is guilty
of a Class A misdemeanor. An attorney representing an applicant
or authorized representative admitted to practice in the State
of Illinois may issue subpoenas on behalf of the Department for
witnesses and documents relevant to the application. The
authorization of the Department is not required to obtain the
issuance by an attorney of a subpoena. The Department shall
adopt rules necessary to allow the issuance of subpoenas
including, but not limited to, the creation of a form subpoena

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for use by attorneys.
(Source: P.A. 88-232.)