Bill Text: IL SB3007 | 2015-2016 | 99th General Assembly | Chaptered


Bill Title: Amends the Illinois Public Aid Code. Includes persons who are foreign-born victims of trafficking, torture, or other serious crimes in the categories of non-citizens who are eligible for cash or medical assistance under the Code. Defines "foreign-born victims of trafficking, torture, or other serious crimes". Provides that beginning January 1, 2017, the Department of Healthcare and Family Services shall provide medical assistance coverage to foreign-born victims of human trafficking, torture, or other serious crimes and to their derivative family members who: reside in Illinois; are not otherwise eligible under the Code; meet certain income guidelines; and have filed or are preparing to file a formal application for status pursuant to specified provisions of the United States Code. Provides that such a person is ineligible for continued medical assistance coverage if he or she has not filed a formal application for status within one year after the date of his or her application for cash assistance or SNAP benefits; and that if there is a final denial of the person's visa or asylum application, any medical assistance coverage provided to that person and his or her derivative family members shall be terminated. Adds the Survivor Support and Trafficking Prevention Article to the Code with provisions concerning: cash assistance and SNAP benefits for persons who are foreign-born victims of trafficking, torture, or other serious crimes and their derivative family members; eligibility determinations; work requirements and exemptions; and termination of benefits. Grants the Department rulemaking authority to implement these provisions. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 56-7)

Status: (Passed) 2016-08-22 - Public Act . . . . . . . . . 99-0870 [SB3007 Detail]

Download: Illinois-2015-SB3007-Chaptered.html



Public Act 099-0870
SB3007 EnrolledLRB099 19820 KTG 44219 b
AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as the Survivor
Support and Trafficking Prevention Act.
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:
(305 ILCS 5/1-11)
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
non-citizens:
(1) United States veterans honorably discharged and
persons on active military duty, and the spouse and
unmarried dependent children of these persons;
(2) Refugees under Section 207 of the Immigration and
Nationality Act;
(3) Asylees under Section 208 of the Immigration and
Nationality Act;
(4) Persons for whom deportation has been withheld
under Section 243(h) of the Immigration and Nationality
Act;
(5) Persons granted conditional entry under Section
203(a)(7) of the Immigration and Nationality Act as in
effect prior to April 1, 1980;
(6) Persons lawfully admitted for permanent residence
under the Immigration and Nationality Act;
(7) Parolees, for at least one year, under Section
212(d)(5) of the Immigration and Nationality Act;
(8) Nationals of Cuba or Haiti admitted on or after
April 21, 1980;
(9) Amerasians from Vietnam, and their close family
members, admitted through the Orderly Departure Program
beginning on March 20, 1988;
(10) Persons identified by the federal Office of
Refugee Resettlement (ORR) as victims of trafficking;
(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
(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;
(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
(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
assistance is due, at least in part, to the abuse; and .
(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.
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
citizenship requirements and are authorized to provide any
benefits and impose any citizenship requirements as are allowed
under the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (P.L. 104-193).
(Source: P.A. 93-342, eff. 7-24-03.)
(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.
(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
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
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:
1. Recipients of basic maintenance grants under
Articles III and IV.
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:
(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:
(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
(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
the federal poverty level.
(b) (Blank).
3. (Blank).
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
expenses.
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.
(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
level, provided that costs incurred for medical care are
not taken into account in determining such income
eligibility.
(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
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.
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.
(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.
7. (Blank).
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:
(a) extend the medical assistance coverage to the
extent required by federal law; and
(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:
(i) such coverage shall be pursuant to
provisions of the federal Social Security Act;
(ii) such coverage shall include all services
covered under Illinois' State Medicaid Plan;
(iii) no premium shall be charged for such
coverage; and
(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
coverage under the Social Security Act and
coverage shall be reinstated upon the filing of
such reports if the person remains otherwise
eligible.
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.
10. Participants in the long-term care insurance
partnership program established under the Illinois
Long-Term Care Partnership Program Act who meet the
qualifications for protection of resources described in
Section 15 of that Act.
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
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
(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.
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:
(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
Program established under Title XV of the federal
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
(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.
"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.
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
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.
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
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.
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
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
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
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
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
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.
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
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.
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.
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
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.
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
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.)
(305 ILCS 5/Art. XVI heading new)
ARTICLE XVI. SURVIVOR SUPPORT AND TRAFFICKING PREVENTION
(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.
(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.
(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.
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