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| Public Act 099-0870
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| SB3007 Enrolled | LRB099 19820 KTG 44219 b |
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AN ACT concerning public aid.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. This Act may be referred to as the Survivor |
Support and Trafficking Prevention Act.
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Section 5. The Illinois Public Aid Code is amended by |
changing Sections 1-11 and 5-2 and by adding Section 2-19 and |
Article XVI as follows:
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(305 ILCS 5/1-11)
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Sec. 1-11. Citizenship. To the extent not otherwise |
provided in this Code
or federal law, all clients who receive |
cash or medical assistance under
Article III, IV, V, or VI of |
this
Code must meet the citizenship requirements as established |
in this Section.
To be eligible for assistance an individual, |
who is otherwise eligible, must be
either a United
States |
citizen or included in one of the following categories of
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non-citizens:
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(1) United States veterans honorably discharged and |
persons on active
military duty, and the spouse and |
unmarried dependent children of these
persons;
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(2) Refugees under Section 207 of the Immigration and |
Nationality Act;
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(3) Asylees under Section 208 of the Immigration and |
Nationality Act;
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(4) Persons for whom deportation has been withheld |
under Section
243(h) of the Immigration and Nationality |
Act;
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(5) Persons granted conditional entry under Section |
203(a)(7) of the
Immigration and Nationality Act as in |
effect prior to April 1, 1980;
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(6) Persons lawfully admitted for permanent residence |
under the
Immigration and Nationality Act;
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(7) Parolees, for at least one year, under Section |
212(d)(5) of the
Immigration and Nationality Act;
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(8) Nationals of Cuba or Haiti admitted on or after |
April 21, 1980;
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(9) Amerasians from Vietnam, and their close family |
members, admitted
through the Orderly Departure Program |
beginning on March 20, 1988;
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(10) Persons identified by the federal Office of |
Refugee Resettlement
(ORR) as victims of trafficking;
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(11) Persons legally residing in the United States who |
were members of a
Hmong or Highland Laotian tribe when the |
tribe helped United States personnel
by taking part in a |
military or rescue operation during the Vietnam era
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(between
August 5, 1965 and May 7, 1975); this also |
includes the person's spouse, a
widow
or widower who has |
not remarried, and unmarried dependent children;
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(12) American Indians born in Canada under Section 289 |
of the
Immigration and Nationality Act and members of an |
Indian tribe as defined in
Section 4e of the Indian |
Self-Determination and Education Assistance Act; and
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(13) Persons who are a spouse, widow, or child of a |
U.S. citizen or a
spouse or child of a legal permanent |
resident (LPR) who have been battered or
subjected to |
extreme cruelty by the U.S. citizen or LPR or a member of |
that
relative's family who lived with them, who no longer |
live with the abuser or
plan
to live separately within one |
month of receipt of assistance and whose need for
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assistance is due, at least in part, to the abuse; and .
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(14) Persons who are foreign-born victims of |
trafficking, torture, or other serious crimes as defined in |
Section 2-19 of this Code. |
Those persons who are in the categories set forth in |
subdivisions 6 and 7
of this Section, who enter the United |
States on or
after August 22,
1996, shall not be eligible for 5 |
years beginning on the date the person
entered the United |
States.
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The Illinois Department may, by rule, cover prenatal care |
or emergency
medical care for non-citizens who are not |
otherwise eligible under this
Section.
Local governmental |
units which do not receive State funds may impose their
own
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citizenship requirements and are authorized to provide any |
benefits and impose
any citizenship requirements as are allowed |
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under the Personal Responsibility
and Work Opportunity |
Reconciliation Act of 1996 (P.L. 104-193).
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(Source: P.A. 93-342, eff. 7-24-03.)
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(305 ILCS 5/2-19 new) |
Sec. 2-19. Foreign-born victims of trafficking, torture, |
or other serious crimes. "Foreign-born victim of trafficking, |
torture, or other serious crimes" means a person who is: |
(1) a non-citizen victim of a severe form of |
trafficking in persons who has been subjected to an act or |
practice described in Section 7102 of Title 22 of the |
United States Code or Section 10-9 of the Criminal Code of |
2012; |
(2) a non-citizen victim of an act or practice |
described in Section 1101(a)(15)(U)(iii) of Title 8 of the |
United States Code; or |
(3) a non-citizen who has a well-founded fear of |
persecution on account of race, religion, nationality, |
membership in a particular social group, or political |
opinion as set forth in Section 1101(a)(42)(A) of Title 8 |
of the United States Code.
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(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
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Sec. 5-2. Classes of Persons Eligible. |
Medical assistance under this
Article shall be available to |
any of the following classes of persons in
respect to whom a |
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plan for coverage has been submitted to the Governor
by the |
Illinois Department and approved by him. If changes made in |
this Section 5-2 require federal approval, they shall not take |
effect until such approval has been received:
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1. Recipients of basic maintenance grants under |
Articles III and IV.
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2. Beginning January 1, 2014, persons otherwise |
eligible for basic maintenance under Article
III, |
excluding any eligibility requirements that are |
inconsistent with any federal law or federal regulation, as |
interpreted by the U.S. Department of Health and Human |
Services, but who fail to qualify thereunder on the basis |
of need, and
who have insufficient income and resources to |
meet the costs of
necessary medical care, including but not |
limited to the following:
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(a) All persons otherwise eligible for basic |
maintenance under Article
III but who fail to qualify |
under that Article on the basis of need and who
meet |
either of the following requirements:
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(i) their income, as determined by the |
Illinois Department in
accordance with any federal |
requirements, is equal to or less than 100% of the |
federal poverty level; or
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(ii) their income, after the deduction of |
costs incurred for medical
care and for other types |
of remedial care, is equal to or less than 100% of |
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the federal poverty level.
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(b) (Blank).
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3. (Blank).
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4. Persons not eligible under any of the preceding |
paragraphs who fall
sick, are injured, or die, not having |
sufficient money, property or other
resources to meet the |
costs of necessary medical care or funeral and burial
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expenses.
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5.(a) Women during pregnancy and during the
60-day |
period beginning on the last day of the pregnancy, together |
with
their infants,
whose income is at or below 200% of the |
federal poverty level. Until September 30, 2019, or sooner |
if the maintenance of effort requirements under the Patient |
Protection and Affordable Care Act are eliminated or may be |
waived before then, women during pregnancy and during the |
60-day period beginning on the last day of the pregnancy, |
whose countable monthly income, after the deduction of |
costs incurred for medical care and for other types of |
remedial care as specified in administrative rule, is equal |
to or less than the Medical Assistance-No Grant(C) |
(MANG(C)) Income Standard in effect on April 1, 2013 as set |
forth in administrative rule.
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(b) The plan for coverage shall provide ambulatory |
prenatal care to pregnant women during a
presumptive |
eligibility period and establish an income eligibility |
standard
that is equal to 200% of the federal poverty |
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level, provided that costs incurred
for medical care are |
not taken into account in determining such income
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eligibility.
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(c) The Illinois Department may conduct a |
demonstration in at least one
county that will provide |
medical assistance to pregnant women, together
with their |
infants and children up to one year of age,
where the |
income
eligibility standard is set up to 185% of the |
nonfarm income official
poverty line, as defined by the |
federal Office of Management and Budget.
The Illinois |
Department shall seek and obtain necessary authorization
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provided under federal law to implement such a |
demonstration. Such
demonstration may establish resource |
standards that are not more
restrictive than those |
established under Article IV of this Code.
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6. (a) Children younger than age 19 when countable |
income is at or below 133% of the federal poverty level. |
Until September 30, 2019, or sooner if the maintenance of |
effort requirements under the Patient Protection and |
Affordable Care Act are eliminated or may be waived before |
then, children younger than age 19 whose countable monthly |
income, after the deduction of costs incurred for medical |
care and for other types of remedial care as specified in |
administrative rule, is equal to or less than the Medical |
Assistance-No Grant(C) (MANG(C)) Income Standard in effect |
on April 1, 2013 as set forth in administrative rule. |
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(b) Children and youth who are under temporary custody |
or guardianship of the Department of Children and Family |
Services or who receive financial assistance in support of |
an adoption or guardianship placement from the Department |
of Children and Family Services.
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7. (Blank).
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8. As required under federal law, persons who are |
eligible for Transitional Medical Assistance as a result of |
an increase in earnings or child or spousal support |
received. The plan for coverage for this class of persons |
shall:
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(a) extend the medical assistance coverage to the |
extent required by federal law; and
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(b) offer persons who have initially received 6 |
months of the
coverage provided in paragraph (a) above, |
the option of receiving an
additional 6 months of |
coverage, subject to the following:
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(i) such coverage shall be pursuant to |
provisions of the federal
Social Security Act;
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(ii) such coverage shall include all services |
covered under Illinois' State Medicaid Plan;
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(iii) no premium shall be charged for such |
coverage; and
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(iv) such coverage shall be suspended in the |
event of a person's
failure without good cause to |
file in a timely fashion reports required for
this |
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coverage under the Social Security Act and |
coverage shall be reinstated
upon the filing of |
such reports if the person remains otherwise |
eligible.
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9. Persons with acquired immunodeficiency syndrome |
(AIDS) or with
AIDS-related conditions with respect to whom |
there has been a determination
that but for home or |
community-based services such individuals would
require |
the level of care provided in an inpatient hospital, |
skilled
nursing facility or intermediate care facility the |
cost of which is
reimbursed under this Article. Assistance |
shall be provided to such
persons to the maximum extent |
permitted under Title
XIX of the Federal Social Security |
Act.
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10. Participants in the long-term care insurance |
partnership program
established under the Illinois |
Long-Term Care Partnership Program Act who meet the
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qualifications for protection of resources described in |
Section 15 of that
Act.
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11. Persons with disabilities who are employed and |
eligible for Medicaid,
pursuant to Section |
1902(a)(10)(A)(ii)(xv) of the Social Security Act, and, |
subject to federal approval, persons with a medically |
improved disability who are employed and eligible for |
Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of |
the Social Security Act, as
provided by the Illinois |
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Department by rule. In establishing eligibility standards |
under this paragraph 11, the Department shall, subject to |
federal approval: |
(a) set the income eligibility standard at not |
lower than 350% of the federal poverty level; |
(b) exempt retirement accounts that the person |
cannot access without penalty before the age
of 59 1/2, |
and medical savings accounts established pursuant to |
26 U.S.C. 220; |
(c) allow non-exempt assets up to $25,000 as to |
those assets accumulated during periods of eligibility |
under this paragraph 11; and
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(d) continue to apply subparagraphs (b) and (c) in |
determining the eligibility of the person under this |
Article even if the person loses eligibility under this |
paragraph 11.
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12. Subject to federal approval, persons who are |
eligible for medical
assistance coverage under applicable |
provisions of the federal Social Security
Act and the |
federal Breast and Cervical Cancer Prevention and |
Treatment Act of
2000. Those eligible persons are defined |
to include, but not be limited to,
the following persons:
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(1) persons who have been screened for breast or |
cervical cancer under
the U.S. Centers for Disease |
Control and Prevention Breast and Cervical Cancer
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Program established under Title XV of the federal |
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Public Health Services Act in
accordance with the |
requirements of Section 1504 of that Act as |
administered by
the Illinois Department of Public |
Health; and
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(2) persons whose screenings under the above |
program were funded in whole
or in part by funds |
appropriated to the Illinois Department of Public |
Health
for breast or cervical cancer screening.
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"Medical assistance" under this paragraph 12 shall be |
identical to the benefits
provided under the State's |
approved plan under Title XIX of the Social Security
Act. |
The Department must request federal approval of the |
coverage under this
paragraph 12 within 30 days after the |
effective date of this amendatory Act of
the 92nd General |
Assembly.
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In addition to the persons who are eligible for medical |
assistance pursuant to subparagraphs (1) and (2) of this |
paragraph 12, and to be paid from funds appropriated to the |
Department for its medical programs, any uninsured person |
as defined by the Department in rules residing in Illinois |
who is younger than 65 years of age, who has been screened |
for breast and cervical cancer in accordance with standards |
and procedures adopted by the Department of Public Health |
for screening, and who is referred to the Department by the |
Department of Public Health as being in need of treatment |
for breast or cervical cancer is eligible for medical |
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assistance benefits that are consistent with the benefits |
provided to those persons described in subparagraphs (1) |
and (2). Medical assistance coverage for the persons who |
are eligible under the preceding sentence is not dependent |
on federal approval, but federal moneys may be used to pay |
for services provided under that coverage upon federal |
approval. |
13. Subject to appropriation and to federal approval, |
persons living with HIV/AIDS who are not otherwise eligible |
under this Article and who qualify for services covered |
under Section 5-5.04 as provided by the Illinois Department |
by rule.
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14. Subject to the availability of funds for this |
purpose, the Department may provide coverage under this |
Article to persons who reside in Illinois who are not |
eligible under any of the preceding paragraphs and who meet |
the income guidelines of paragraph 2(a) of this Section and |
(i) have an application for asylum pending before the |
federal Department of Homeland Security or on appeal before |
a court of competent jurisdiction and are represented |
either by counsel or by an advocate accredited by the |
federal Department of Homeland Security and employed by a |
not-for-profit organization in regard to that application |
or appeal, or (ii) are receiving services through a |
federally funded torture treatment center. Medical |
coverage under this paragraph 14 may be provided for up to |
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24 continuous months from the initial eligibility date so |
long as an individual continues to satisfy the criteria of |
this paragraph 14. If an individual has an appeal pending |
regarding an application for asylum before the Department |
of Homeland Security, eligibility under this paragraph 14 |
may be extended until a final decision is rendered on the |
appeal. The Department may adopt rules governing the |
implementation of this paragraph 14.
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15. Family Care Eligibility. |
(a) On and after July 1, 2012, a parent or other |
caretaker relative who is 19 years of age or older when |
countable income is at or below 133% of the federal |
poverty level. A person may not spend down to become |
eligible under this paragraph 15. |
(b) Eligibility shall be reviewed annually. |
(c) (Blank). |
(d) (Blank). |
(e) (Blank). |
(f) (Blank). |
(g) (Blank). |
(h) (Blank). |
(i) Following termination of an individual's |
coverage under this paragraph 15, the individual must |
be determined eligible before the person can be |
re-enrolled. |
16. Subject to appropriation, uninsured persons who |
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are not otherwise eligible under this Section who have been |
certified and referred by the Department of Public Health |
as having been screened and found to need diagnostic |
evaluation or treatment, or both diagnostic evaluation and |
treatment, for prostate or testicular cancer. For the |
purposes of this paragraph 16, uninsured persons are those |
who do not have creditable coverage, as defined under the |
Health Insurance Portability and Accountability Act, or |
have otherwise exhausted any insurance benefits they may |
have had, for prostate or testicular cancer diagnostic |
evaluation or treatment, or both diagnostic evaluation and |
treatment.
To be eligible, a person must furnish a Social |
Security number.
A person's assets are exempt from |
consideration in determining eligibility under this |
paragraph 16.
Such persons shall be eligible for medical |
assistance under this paragraph 16 for so long as they need |
treatment for the cancer. A person shall be considered to |
need treatment if, in the opinion of the person's treating |
physician, the person requires therapy directed toward |
cure or palliation of prostate or testicular cancer, |
including recurrent metastatic cancer that is a known or |
presumed complication of prostate or testicular cancer and |
complications resulting from the treatment modalities |
themselves. Persons who require only routine monitoring |
services are not considered to need treatment.
"Medical |
assistance" under this paragraph 16 shall be identical to |
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the benefits provided under the State's approved plan under |
Title XIX of the Social Security Act.
Notwithstanding any |
other provision of law, the Department (i) does not have a |
claim against the estate of a deceased recipient of |
services under this paragraph 16 and (ii) does not have a |
lien against any homestead property or other legal or |
equitable real property interest owned by a recipient of |
services under this paragraph 16. |
17. Persons who, pursuant to a waiver approved by the |
Secretary of the U.S. Department of Health and Human |
Services, are eligible for medical assistance under Title |
XIX or XXI of the federal Social Security Act. |
Notwithstanding any other provision of this Code and |
consistent with the terms of the approved waiver, the |
Illinois Department, may by rule: |
(a) Limit the geographic areas in which the waiver |
program operates. |
(b) Determine the scope, quantity, duration, and |
quality, and the rate and method of reimbursement, of |
the medical services to be provided, which may differ |
from those for other classes of persons eligible for |
assistance under this Article. |
(c) Restrict the persons' freedom in choice of |
providers. |
18. Beginning January 1, 2014, persons aged 19 or |
older, but younger than 65, who are not otherwise eligible |
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for medical assistance under this Section 5-2, who qualify |
for medical assistance pursuant to 42 U.S.C. |
1396a(a)(10)(A)(i)(VIII) and applicable federal |
regulations, and who have income at or below 133% of the |
federal poverty level plus 5% for the applicable family |
size as determined pursuant to 42 U.S.C. 1396a(e)(14) and |
applicable federal regulations. Persons eligible for |
medical assistance under this paragraph 18 shall receive |
coverage for the Health Benefits Service Package as that |
term is defined in subsection (m) of Section 5-1.1 of this |
Code. If Illinois' federal medical assistance percentage |
(FMAP) is reduced below 90% for persons eligible for |
medical
assistance under this paragraph 18, eligibility |
under this paragraph 18 shall cease no later than the end |
of the third month following the month in which the |
reduction in FMAP takes effect. |
19. Beginning January 1, 2014, as required under 42 |
U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18 |
and younger than age 26 who are not otherwise eligible for |
medical assistance under paragraphs (1) through (17) of |
this Section who (i) were in foster care under the |
responsibility of the State on the date of attaining age 18 |
or on the date of attaining age 21 when a court has |
continued wardship for good cause as provided in Section |
2-31 of the Juvenile Court Act of 1987 and (ii) received |
medical assistance under the Illinois Title XIX State Plan |
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or waiver of such plan while in foster care. |
20. Beginning January 1, 2018, persons who are |
foreign-born victims of human trafficking, torture, or |
other serious crimes as defined in Section 2-19 of this |
Code and their derivative family members if such persons: |
(i) reside in Illinois; (ii) are not eligible under any of |
the preceding paragraphs; (iii) meet the income guidelines |
of subparagraph (a) of paragraph 2; and (iv) meet the |
nonfinancial eligibility requirements of Sections 16-2, |
16-3, and 16-5 of this Code. The Department may extend |
medical assistance for persons who are foreign-born |
victims of human trafficking, torture, or other serious |
crimes whose medical assistance would be terminated |
pursuant to subsection (b) of Section 16-5 if the |
Department determines that the person, during the year of |
initial eligibility (1) experienced a health crisis, (2) |
has been unable, after reasonable attempts, to obtain |
necessary information from a third party, or (3) has other |
extenuating circumstances that prevented the person from |
completing his or her application for status. The |
Department may adopt any rules necessary to implement the |
provisions of this paragraph. |
In implementing the provisions of Public Act 96-20, the |
Department is authorized to adopt only those rules necessary, |
including emergency rules. Nothing in Public Act 96-20 permits |
the Department to adopt rules or issue a decision that expands |
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eligibility for the FamilyCare Program to a person whose income |
exceeds 185% of the Federal Poverty Level as determined from |
time to time by the U.S. Department of Health and Human |
Services, unless the Department is provided with express |
statutory authority.
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The eligibility of any such person for medical assistance |
under this
Article is not affected by the payment of any grant |
under the Senior
Citizens and Persons with Disabilities |
Property Tax Relief Act or any distributions or items of income |
described under
subparagraph (X) of
paragraph (2) of subsection |
(a) of Section 203 of the Illinois Income Tax
Act. |
The Department shall by rule establish the amounts of
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assets to be disregarded in determining eligibility for medical |
assistance,
which shall at a minimum equal the amounts to be |
disregarded under the
Federal Supplemental Security Income |
Program. The amount of assets of a
single person to be |
disregarded
shall not be less than $2,000, and the amount of |
assets of a married couple
to be disregarded shall not be less |
than $3,000.
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To the extent permitted under federal law, any person found |
guilty of a
second violation of Article VIIIA
shall be |
ineligible for medical assistance under this Article, as |
provided
in Section 8A-8.
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The eligibility of any person for medical assistance under |
this Article
shall not be affected by the receipt by the person |
of donations or benefits
from fundraisers held for the person |
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in cases of serious illness,
as long as neither the person nor |
members of the person's family
have actual control over the |
donations or benefits or the disbursement
of the donations or |
benefits.
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Notwithstanding any other provision of this Code, if the |
United States Supreme Court holds Title II, Subtitle A, Section |
2001(a) of Public Law 111-148 to be unconstitutional, or if a |
holding of Public Law 111-148 makes Medicaid eligibility |
allowed under Section 2001(a) inoperable, the State or a unit |
of local government shall be prohibited from enrolling |
individuals in the Medical Assistance Program as the result of |
federal approval of a State Medicaid waiver on or after the |
effective date of this amendatory Act of the 97th General |
Assembly, and any individuals enrolled in the Medical |
Assistance Program pursuant to eligibility permitted as a |
result of such a State Medicaid waiver shall become immediately |
ineligible. |
Notwithstanding any other provision of this Code, if an Act |
of Congress that becomes a Public Law eliminates Section |
2001(a) of Public Law 111-148, the State or a unit of local |
government shall be prohibited from enrolling individuals in |
the Medical Assistance Program as the result of federal |
approval of a State Medicaid waiver on or after the effective |
date of this amendatory Act of the 97th General Assembly, and |
any individuals enrolled in the Medical Assistance Program |
pursuant to eligibility permitted as a result of such a State |
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Medicaid waiver shall become immediately ineligible. |
Effective October 1, 2013, the determination of |
eligibility of persons who qualify under paragraphs 5, 6, 8, |
15, 17, and 18 of this Section shall comply with the |
requirements of 42 U.S.C. 1396a(e)(14) and applicable federal |
regulations. |
The Department of Healthcare and Family Services, the |
Department of Human Services, and the Illinois health insurance |
marketplace shall work cooperatively to assist persons who |
would otherwise lose health benefits as a result of changes |
made under this amendatory Act of the 98th General Assembly to |
transition to other health insurance coverage. |
(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; |
99-143, eff. 7-27-15.)
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(305 ILCS 5/Art. XVI heading new) |
ARTICLE XVI. SURVIVOR SUPPORT AND TRAFFICKING PREVENTION
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(305 ILCS 5/16-1 new) |
Sec. 16-1. Benefits for foreign-born victims of |
trafficking, torture, or other serious crimes. In order to |
protect persons who are foreign-born victims of trafficking, |
torture, or other serious crimes and to reduce the risk of |
further harm, exploitation, and re-trafficking, beginning |
January 1, 2018, cash assistance provided under the Temporary |
Assistance for Needy Families program established under |
|
Article IV of this Code and benefits provided under the federal |
Supplemental Nutrition Assistance Program (SNAP) shall be |
provided to such persons and their derivative family members to |
the same extent cash assistance and SNAP benefits are provided |
to individuals who are admitted to the United States as |
refugees under Section 1157 of Title 8 of the United States |
Code. To the extent that federal funding is not available, any |
cash assistance or SNAP benefits provided under this Article |
shall be paid from State funds. If changes made in
this Section |
require federal approval, they shall not take
effect until such |
approval has been received.
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(305 ILCS 5/16-2 new) |
Sec. 16-2. Eligibility. A foreign-born victim of |
trafficking, torture, or other serious crimes and his or her |
derivative family members are eligible for cash assistance or |
SNAP benefits under this Article if: |
(a) he or she: |
(1) has filed or is preparing to file an |
application for T Nonimmigrant status with the |
appropriate federal agency pursuant to Section |
1101(a)(15)(T) of Title 8 of the United States Code, or |
is otherwise taking steps to meet the conditions for |
federal benefits eligibility under Section 7105 of |
Title 22 of the United States Code; |
(2) has filed or is preparing to file a formal |
|
application with the appropriate federal agency for |
status pursuant to Section 1101(a)(15)(U) of Title 8 of |
the United States Code; or |
(3) has filed or is preparing to file a formal |
application with the appropriate federal agency for |
status under Section 1158 of Title 8 of the United |
States Code; and |
(b) is otherwise eligible for cash assistance or SNAP |
benefits, as applicable.
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(305 ILCS 5/16-3 new) |
Sec. 16-3. Determination of eligibility. |
(a) The Department shall determine that an applicant for |
cash assistance or SNAP benefits provided under this Article is |
eligible for such benefits if the applicant meets the income |
guidelines and is otherwise eligible and either: |
(1) the applicant has filed: |
(A) an application for T Nonimmigrant status with |
the appropriate federal agency pursuant to Section |
1101(a)(15)(T) of Title 8 of the United States Code, or |
is otherwise taking steps to meet the conditions for |
federal benefits eligibility under Section 7105 of |
Title 22 of the United States Code; |
(B) a formal application with the appropriate |
federal agency for status pursuant to Section |
1101(a)(15)(U) of Title 8 of the United States Code; or |
|
(C) a formal application with the appropriate |
federal agency for status under Section 1158 of Title 8 |
of the United States Code; or |
(2) the applicant, or a representative of the applicant |
if the applicant is not competent, has provided to the |
Department: |
(A) a sworn statement that he or she is a |
foreign-born victim of trafficking, torture, or other |
serious crimes; and |
(B) at least one item of additional credible |
evidence, including, but not limited to, any of the |
following: |
(i) police, government agency, or court |
records or files; |
(ii) news articles; |
(iii) documentation from a social services, |
trafficking, domestic violence program or rape |
crisis center, or a legal, clinical, medical, or |
other professional from whom the applicant or |
recipient has sought assistance in dealing with |
the crime; |
(iv) a statement from any other individual |
with knowledge of the circumstances that provided |
the basis for the claim; |
(v) physical evidence; |
(vi) a copy of a completed visa application; or |
|
(vii) written notice from the federal agency |
of receipt of the visa application. |
(b) The Department may, in its discretion, provide cash |
assistance or SNAP benefits pursuant to this Article to an |
applicant who cannot provide additional evidence as set forth |
in subparagraph (B) of paragraph (2) of subsection (a) if: |
(1) the applicant, or a representative of the applicant |
if the applicant is not competent, has provided a sworn |
statement that he or she is a foreign-born victim of |
trafficking, torture, or other serious crimes; and |
(2) the Department determines that the applicant is |
credible.
|
(305 ILCS 5/16-4 new) |
Sec. 16-4. Work requirements and exemptions. |
(a) Persons who are foreign-born victims of trafficking, |
torture, or other serious crimes and who are receiving cash |
assistance or SNAP benefits under this Article shall be subject |
to the same work requirements and work requirement exemptions |
as other recipients of cash assistance or SNAP benefits, |
provided that compliance with these requirements is authorized |
by law. |
(b) A person who is a foreign-born victim of trafficking, |
torture, or other serious crimes shall be exempted from any |
work requirements if physical or psychological trauma related |
to or arising from the trafficking, torture, or other serious |
|
crimes impedes his or her ability to comply.
|
(305 ILCS 5/16-5 new) |
Sec. 16-5. Termination of benefits. |
(a) Any cash assistance or SNAP benefits provided under |
this Article to a person who is a foreign-born victim of |
trafficking, torture, or other serious crimes and his or her |
derivative family members shall be terminated if there is a |
final denial of that person's visa or asylum application under |
Sections 1101(a)(15)(T), 1101(a)(15)(U), or 1158 of Title 8 of |
the United States Code. |
(b) A person who is a foreign-born victim of trafficking, |
torture, or other serious crimes and his or her derivative |
family members shall be ineligible for continued State-funded |
cash assistance or SNAP benefits provided under this Article if |
that person has not filed a formal application for status |
pursuant to Sections 1101(a)(15)(T), 1101(a)(15)(U), or 1158 |
of Title 8 of the United States Code within one year after the |
date of his or her application for cash assistance or SNAP |
benefits provided under this Article. The Department of Human |
Services may extend the person's and his or her derivative |
family members' eligibility for medical assistance, cash |
assistance, or SNAP benefits beyond one year if the Department |
determines that the person, during the year of initial |
eligibility (i) experienced a health crisis, (ii) has been |
unable, after reasonable attempts, to obtain necessary |
|
information from a third party, or (iii) has other extenuating |
circumstances that prevented the person from completing his or |
her application for status.
|
(305 ILCS 5/16-6 new) |
Sec. 16-6. Rulemaking authority. The Department of Human |
Services shall adopt any rules necessary to implement the |
provisions of this Article on or before January 1, 2018.
|
(305 ILCS 5/16-7 new) |
Sec. 16-7. Program termination. The provisions of this |
Article are inoperative on and after June 30, 2019.
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|
