Sen. Jacqueline Y. Collins

Filed: 3/16/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3007

2    AMENDMENT NO. ______. Amend Senate Bill 3007 by replacing
3everything after the enacting clause with the following:
 
 
4    "Section 1. This Act may be referred to as the Survivor
5Support and Trafficking Prevention Act.
 
6    Section 5. The Illinois Public Aid Code is amended by
7changing Sections 1-11 and 5-2 and by adding Section 2-19 and
8Article XVI as follows:
 
9    (305 ILCS 5/1-11)
10    Sec. 1-11. Citizenship. To the extent not otherwise
11provided in this Code or federal law, all clients who receive
12cash or medical assistance under Article III, IV, V, or VI of
13this Code must meet the citizenship requirements as established
14in this Section. To be eligible for assistance an individual,

 

 

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1who is otherwise eligible, must be either a United States
2citizen or included in one of the following categories of
3non-citizens:
4        (1) United States veterans honorably discharged and
5    persons on active military duty, and the spouse and
6    unmarried dependent children of these persons;
7        (2) Refugees under Section 207 of the Immigration and
8    Nationality Act;
9        (3) Asylees under Section 208 of the Immigration and
10    Nationality Act;
11        (4) Persons for whom deportation has been withheld
12    under Section 243(h) of the Immigration and Nationality
13    Act;
14        (5) Persons granted conditional entry under Section
15    203(a)(7) of the Immigration and Nationality Act as in
16    effect prior to April 1, 1980;
17        (6) Persons lawfully admitted for permanent residence
18    under the Immigration and Nationality Act;
19        (7) Parolees, for at least one year, under Section
20    212(d)(5) of the Immigration and Nationality Act;
21        (8) Nationals of Cuba or Haiti admitted on or after
22    April 21, 1980;
23        (9) Amerasians from Vietnam, and their close family
24    members, admitted through the Orderly Departure Program
25    beginning on March 20, 1988;
26        (10) Persons identified by the federal Office of

 

 

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1    Refugee Resettlement (ORR) as victims of trafficking;
2        (11) Persons legally residing in the United States who
3    were members of a Hmong or Highland Laotian tribe when the
4    tribe helped United States personnel by taking part in a
5    military or rescue operation during the Vietnam era
6    (between August 5, 1965 and May 7, 1975); this also
7    includes the person's spouse, a widow or widower who has
8    not remarried, and unmarried dependent children;
9        (12) American Indians born in Canada under Section 289
10    of the Immigration and Nationality Act and members of an
11    Indian tribe as defined in Section 4e of the Indian
12    Self-Determination and Education Assistance Act; and
13        (13) Persons who are a spouse, widow, or child of a
14    U.S. citizen or a spouse or child of a legal permanent
15    resident (LPR) who have been battered or subjected to
16    extreme cruelty by the U.S. citizen or LPR or a member of
17    that relative's family who lived with them, who no longer
18    live with the abuser or plan to live separately within one
19    month of receipt of assistance and whose need for
20    assistance is due, at least in part, to the abuse.
21        (14) Persons who are foreign-born victims of
22    trafficking, torture, or other serious crimes as defined in
23    Section 2-19 of this Code.
24    Those persons who are in the categories set forth in
25subdivisions 6 and 7 of this Section, who enter the United
26States on or after August 22, 1996, shall not be eligible for 5

 

 

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1years beginning on the date the person entered the United
2States.
3    The Illinois Department may, by rule, cover prenatal care
4or emergency medical care for non-citizens who are not
5otherwise eligible under this Section. Local governmental
6units which do not receive State funds may impose their own
7citizenship requirements and are authorized to provide any
8benefits and impose any citizenship requirements as are allowed
9under the Personal Responsibility and Work Opportunity
10Reconciliation Act of 1996 (P.L. 104-193).
11(Source: P.A. 93-342, eff. 7-24-03.)
 
12    (305 ILCS 5/2-19 new)
13    Sec. 2-19. Foreign-born victims of trafficking, torture,
14or other serious crimes. "Foreign-born victim of trafficking,
15torture, or other serious crimes" means a person who is:
16        (1) a non-citizen victim of a severe form of
17    trafficking in persons who has been subjected to an act or
18    practice described in Section 7102 of Title 22 of the
19    United States Code or Section 10-9 of the Criminal Code of
20    2012;
21        (2) a non-citizen victim of an act or practice
22    described in Section 1101(a)(15)(U)(iii) of Title 8 of the
23    United States Code; or
24        (3) a non-citizen who has a well-founded fear of
25    persecution on account of race, religion, nationality,

 

 

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1    membership in a particular social group, or political
2    opinion as set forth in Section 1101(a)(42)(A) of Title 8
3    of the United States Code.
 
4    (305 ILCS 5/5-2)  (from Ch. 23, par. 5-2)
5    Sec. 5-2. Classes of Persons Eligible.
6    Medical assistance under this Article shall be available to
7any of the following classes of persons in respect to whom a
8plan for coverage has been submitted to the Governor by the
9Illinois Department and approved by him. If changes made in
10this Section 5-2 require federal approval, they shall not take
11effect until such approval has been received:
12        1. Recipients of basic maintenance grants under
13    Articles III and IV.
14        2. Beginning January 1, 2014, persons otherwise
15    eligible for basic maintenance under Article III,
16    excluding any eligibility requirements that are
17    inconsistent with any federal law or federal regulation, as
18    interpreted by the U.S. Department of Health and Human
19    Services, but who fail to qualify thereunder on the basis
20    of need, and who have insufficient income and resources to
21    meet the costs of necessary medical care, including but not
22    limited to the following:
23            (a) All persons otherwise eligible for basic
24        maintenance under Article III but who fail to qualify
25        under that Article on the basis of need and who meet

 

 

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1        either of the following requirements:
2                (i) their income, as determined by the
3            Illinois Department in accordance with any federal
4            requirements, is equal to or less than 100% of the
5            federal poverty level; or
6                (ii) their income, after the deduction of
7            costs incurred for medical care and for other types
8            of remedial care, is equal to or less than 100% of
9            the federal poverty level.
10            (b) (Blank).
11        3. (Blank).
12        4. Persons not eligible under any of the preceding
13    paragraphs who fall sick, are injured, or die, not having
14    sufficient money, property or other resources to meet the
15    costs of necessary medical care or funeral and burial
16    expenses.
17        5.(a) Women during pregnancy and during the 60-day
18    period beginning on the last day of the pregnancy, together
19    with their infants, whose income is at or below 200% of the
20    federal poverty level. Until September 30, 2019, or sooner
21    if the maintenance of effort requirements under the Patient
22    Protection and Affordable Care Act are eliminated or may be
23    waived before then, women during pregnancy and during the
24    60-day period beginning on the last day of the pregnancy,
25    whose countable monthly income, after the deduction of
26    costs incurred for medical care and for other types of

 

 

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1    remedial care as specified in administrative rule, is equal
2    to or less than the Medical Assistance-No Grant(C)
3    (MANG(C)) Income Standard in effect on April 1, 2013 as set
4    forth in administrative rule.
5        (b) The plan for coverage shall provide ambulatory
6    prenatal care to pregnant women during a presumptive
7    eligibility period and establish an income eligibility
8    standard that is equal to 200% of the federal poverty
9    level, provided that costs incurred for medical care are
10    not taken into account in determining such income
11    eligibility.
12        (c) The Illinois Department may conduct a
13    demonstration in at least one county that will provide
14    medical assistance to pregnant women, together with their
15    infants and children up to one year of age, where the
16    income eligibility standard is set up to 185% of the
17    nonfarm income official poverty line, as defined by the
18    federal Office of Management and Budget. The Illinois
19    Department shall seek and obtain necessary authorization
20    provided under federal law to implement such a
21    demonstration. Such demonstration may establish resource
22    standards that are not more restrictive than those
23    established under Article IV of this Code.
24        6. (a) Children younger than age 19 when countable
25    income is at or below 133% of the federal poverty level.
26    Until September 30, 2019, or sooner if the maintenance of

 

 

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1    effort requirements under the Patient Protection and
2    Affordable Care Act are eliminated or may be waived before
3    then, children younger than age 19 whose countable monthly
4    income, after the deduction of costs incurred for medical
5    care and for other types of remedial care as specified in
6    administrative rule, is equal to or less than the Medical
7    Assistance-No Grant(C) (MANG(C)) Income Standard in effect
8    on April 1, 2013 as set forth in administrative rule.
9        (b) Children and youth who are under temporary custody
10    or guardianship of the Department of Children and Family
11    Services or who receive financial assistance in support of
12    an adoption or guardianship placement from the Department
13    of Children and Family Services.
14        7. (Blank).
15        8. As required under federal law, persons who are
16    eligible for Transitional Medical Assistance as a result of
17    an increase in earnings or child or spousal support
18    received. The plan for coverage for this class of persons
19    shall:
20            (a) extend the medical assistance coverage to the
21        extent required by federal law; and
22            (b) offer persons who have initially received 6
23        months of the coverage provided in paragraph (a) above,
24        the option of receiving an additional 6 months of
25        coverage, subject to the following:
26                (i) such coverage shall be pursuant to

 

 

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1            provisions of the federal Social Security Act;
2                (ii) such coverage shall include all services
3            covered under Illinois' State Medicaid Plan;
4                (iii) no premium shall be charged for such
5            coverage; and
6                (iv) such coverage shall be suspended in the
7            event of a person's failure without good cause to
8            file in a timely fashion reports required for this
9            coverage under the Social Security Act and
10            coverage shall be reinstated upon the filing of
11            such reports if the person remains otherwise
12            eligible.
13        9. Persons with acquired immunodeficiency syndrome
14    (AIDS) or with AIDS-related conditions with respect to whom
15    there has been a determination that but for home or
16    community-based services such individuals would require
17    the level of care provided in an inpatient hospital,
18    skilled nursing facility or intermediate care facility the
19    cost of which is reimbursed under this Article. Assistance
20    shall be provided to such persons to the maximum extent
21    permitted under Title XIX of the Federal Social Security
22    Act.
23        10. Participants in the long-term care insurance
24    partnership program established under the Illinois
25    Long-Term Care Partnership Program Act who meet the
26    qualifications for protection of resources described in

 

 

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1    Section 15 of that Act.
2        11. Persons with disabilities who are employed and
3    eligible for Medicaid, pursuant to Section
4    1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
5    subject to federal approval, persons with a medically
6    improved disability who are employed and eligible for
7    Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
8    the Social Security Act, as provided by the Illinois
9    Department by rule. In establishing eligibility standards
10    under this paragraph 11, the Department shall, subject to
11    federal approval:
12            (a) set the income eligibility standard at not
13        lower than 350% of the federal poverty level;
14            (b) exempt retirement accounts that the person
15        cannot access without penalty before the age of 59 1/2,
16        and medical savings accounts established pursuant to
17        26 U.S.C. 220;
18            (c) allow non-exempt assets up to $25,000 as to
19        those assets accumulated during periods of eligibility
20        under this paragraph 11; and
21            (d) continue to apply subparagraphs (b) and (c) in
22        determining the eligibility of the person under this
23        Article even if the person loses eligibility under this
24        paragraph 11.
25        12. Subject to federal approval, persons who are
26    eligible for medical assistance coverage under applicable

 

 

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1    provisions of the federal Social Security Act and the
2    federal Breast and Cervical Cancer Prevention and
3    Treatment Act of 2000. Those eligible persons are defined
4    to include, but not be limited to, the following persons:
5            (1) persons who have been screened for breast or
6        cervical cancer under the U.S. Centers for Disease
7        Control and Prevention Breast and Cervical Cancer
8        Program established under Title XV of the federal
9        Public Health Services Act in accordance with the
10        requirements of Section 1504 of that Act as
11        administered by the Illinois Department of Public
12        Health; and
13            (2) persons whose screenings under the above
14        program were funded in whole or in part by funds
15        appropriated to the Illinois Department of Public
16        Health for breast or cervical cancer screening.
17        "Medical assistance" under this paragraph 12 shall be
18    identical to the benefits provided under the State's
19    approved plan under Title XIX of the Social Security Act.
20    The Department must request federal approval of the
21    coverage under this paragraph 12 within 30 days after the
22    effective date of this amendatory Act of the 92nd General
23    Assembly.
24        In addition to the persons who are eligible for medical
25    assistance pursuant to subparagraphs (1) and (2) of this
26    paragraph 12, and to be paid from funds appropriated to the

 

 

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1    Department for its medical programs, any uninsured person
2    as defined by the Department in rules residing in Illinois
3    who is younger than 65 years of age, who has been screened
4    for breast and cervical cancer in accordance with standards
5    and procedures adopted by the Department of Public Health
6    for screening, and who is referred to the Department by the
7    Department of Public Health as being in need of treatment
8    for breast or cervical cancer is eligible for medical
9    assistance benefits that are consistent with the benefits
10    provided to those persons described in subparagraphs (1)
11    and (2). Medical assistance coverage for the persons who
12    are eligible under the preceding sentence is not dependent
13    on federal approval, but federal moneys may be used to pay
14    for services provided under that coverage upon federal
15    approval.
16        13. Subject to appropriation and to federal approval,
17    persons living with HIV/AIDS who are not otherwise eligible
18    under this Article and who qualify for services covered
19    under Section 5-5.04 as provided by the Illinois Department
20    by rule.
21        14. Subject to the availability of funds for this
22    purpose, the Department may provide coverage under this
23    Article to persons who reside in Illinois who are not
24    eligible under any of the preceding paragraphs and who meet
25    the income guidelines of paragraph 2(a) of this Section and
26    (i) have an application for asylum pending before the

 

 

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1    federal Department of Homeland Security or on appeal before
2    a court of competent jurisdiction and are represented
3    either by counsel or by an advocate accredited by the
4    federal Department of Homeland Security and employed by a
5    not-for-profit organization in regard to that application
6    or appeal, or (ii) are receiving services through a
7    federally funded torture treatment center. Medical
8    coverage under this paragraph 14 may be provided for up to
9    24 continuous months from the initial eligibility date so
10    long as an individual continues to satisfy the criteria of
11    this paragraph 14. If an individual has an appeal pending
12    regarding an application for asylum before the Department
13    of Homeland Security, eligibility under this paragraph 14
14    may be extended until a final decision is rendered on the
15    appeal. The Department may adopt rules governing the
16    implementation of this paragraph 14.
17        15. Family Care Eligibility.
18            (a) On and after July 1, 2012, a parent or other
19        caretaker relative who is 19 years of age or older when
20        countable income is at or below 133% of the federal
21        poverty level. A person may not spend down to become
22        eligible under this paragraph 15.
23            (b) Eligibility shall be reviewed annually.
24            (c) (Blank).
25            (d) (Blank).
26            (e) (Blank).

 

 

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1            (f) (Blank).
2            (g) (Blank).
3            (h) (Blank).
4            (i) Following termination of an individual's
5        coverage under this paragraph 15, the individual must
6        be determined eligible before the person can be
7        re-enrolled.
8        16. Subject to appropriation, uninsured persons who
9    are not otherwise eligible under this Section who have been
10    certified and referred by the Department of Public Health
11    as having been screened and found to need diagnostic
12    evaluation or treatment, or both diagnostic evaluation and
13    treatment, for prostate or testicular cancer. For the
14    purposes of this paragraph 16, uninsured persons are those
15    who do not have creditable coverage, as defined under the
16    Health Insurance Portability and Accountability Act, or
17    have otherwise exhausted any insurance benefits they may
18    have had, for prostate or testicular cancer diagnostic
19    evaluation or treatment, or both diagnostic evaluation and
20    treatment. To be eligible, a person must furnish a Social
21    Security number. A person's assets are exempt from
22    consideration in determining eligibility under this
23    paragraph 16. Such persons shall be eligible for medical
24    assistance under this paragraph 16 for so long as they need
25    treatment for the cancer. A person shall be considered to
26    need treatment if, in the opinion of the person's treating

 

 

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1    physician, the person requires therapy directed toward
2    cure or palliation of prostate or testicular cancer,
3    including recurrent metastatic cancer that is a known or
4    presumed complication of prostate or testicular cancer and
5    complications resulting from the treatment modalities
6    themselves. Persons who require only routine monitoring
7    services are not considered to need treatment. "Medical
8    assistance" under this paragraph 16 shall be identical to
9    the benefits provided under the State's approved plan under
10    Title XIX of the Social Security Act. Notwithstanding any
11    other provision of law, the Department (i) does not have a
12    claim against the estate of a deceased recipient of
13    services under this paragraph 16 and (ii) does not have a
14    lien against any homestead property or other legal or
15    equitable real property interest owned by a recipient of
16    services under this paragraph 16.
17        17. Persons who, pursuant to a waiver approved by the
18    Secretary of the U.S. Department of Health and Human
19    Services, are eligible for medical assistance under Title
20    XIX or XXI of the federal Social Security Act.
21    Notwithstanding any other provision of this Code and
22    consistent with the terms of the approved waiver, the
23    Illinois Department, may by rule:
24            (a) Limit the geographic areas in which the waiver
25        program operates.
26            (b) Determine the scope, quantity, duration, and

 

 

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1        quality, and the rate and method of reimbursement, of
2        the medical services to be provided, which may differ
3        from those for other classes of persons eligible for
4        assistance under this Article.
5            (c) Restrict the persons' freedom in choice of
6        providers.
7        18. Beginning January 1, 2014, persons aged 19 or
8    older, but younger than 65, who are not otherwise eligible
9    for medical assistance under this Section 5-2, who qualify
10    for medical assistance pursuant to 42 U.S.C.
11    1396a(a)(10)(A)(i)(VIII) and applicable federal
12    regulations, and who have income at or below 133% of the
13    federal poverty level plus 5% for the applicable family
14    size as determined pursuant to 42 U.S.C. 1396a(e)(14) and
15    applicable federal regulations. Persons eligible for
16    medical assistance under this paragraph 18 shall receive
17    coverage for the Health Benefits Service Package as that
18    term is defined in subsection (m) of Section 5-1.1 of this
19    Code. If Illinois' federal medical assistance percentage
20    (FMAP) is reduced below 90% for persons eligible for
21    medical assistance under this paragraph 18, eligibility
22    under this paragraph 18 shall cease no later than the end
23    of the third month following the month in which the
24    reduction in FMAP takes effect.
25        19. Beginning January 1, 2014, as required under 42
26    U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18

 

 

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1    and younger than age 26 who are not otherwise eligible for
2    medical assistance under paragraphs (1) through (17) of
3    this Section who (i) were in foster care under the
4    responsibility of the State on the date of attaining age 18
5    or on the date of attaining age 21 when a court has
6    continued wardship for good cause as provided in Section
7    2-31 of the Juvenile Court Act of 1987 and (ii) received
8    medical assistance under the Illinois Title XIX State Plan
9    or waiver of such plan while in foster care.
10        20. Beginning January 1, 2017, the Department shall
11    provide medical assistance coverage under this Article to
12    persons who are foreign-born victims of human trafficking,
13    torture, or other serious crimes as defined in Section 2-19
14    of this Code and to their derivative family members if such
15    persons: (i) reside in Illinois; (ii) are not eligible
16    under any of the preceding paragraphs; (iii) meet the
17    income guidelines of subparagraph (a) of paragraph 2; and
18    (iv) either: (I) have filed or are preparing to file a
19    formal application for status pursuant to Sections
20    1101(a)(15)(T), 1101(a)(15)(U), or 1158 of Title 8 of the
21    United States Code; or (II) have an application for
22    Continued Presence filed or prepared on their behalf as
23    provided under Section 7105(c)(3) of Title 22 of the United
24    States Code. A person who is a foreign-born victim of
25    trafficking, torture, or other serious crimes and his or
26    her derivative family members shall be ineligible for

 

 

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1    continued medical assistance coverage under this paragraph
2    if the person has not filed a formal application for status
3    pursuant to Sections 1101(a)(15)(T), 1101(a)(15)(U), or
4    1158 of Title 8 of the United States Code within one year
5    after the date of his or her application for cash
6    assistance or SNAP benefits pursuant to Article XVI of this
7    Code; however, such a person shall not be ineligible for
8    continued medical assistance coverage under this paragraph
9    if the person has Continued Presence status under Section
10    7105(c)(3) of Title 22 of the United States Code. If there
11    is a final denial of the person's visa or asylum
12    application under Sections 1101(a)(15)(T), 1101(a)(15)(U),
13    or 1158 of Title 8 of the United States Code, any medical
14    assistance coverage provided to that person and to his or
15    her derivative family members under this paragraph shall be
16    terminated. The Department may adopt any rules necessary to
17    implement the provisions of this paragraph.
18    In implementing the provisions of Public Act 96-20, the
19Department is authorized to adopt only those rules necessary,
20including emergency rules. Nothing in Public Act 96-20 permits
21the Department to adopt rules or issue a decision that expands
22eligibility for the FamilyCare Program to a person whose income
23exceeds 185% of the Federal Poverty Level as determined from
24time to time by the U.S. Department of Health and Human
25Services, unless the Department is provided with express
26statutory authority.

 

 

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1    The eligibility of any such person for medical assistance
2under this Article is not affected by the payment of any grant
3under the Senior Citizens and Persons with Disabilities
4Property Tax Relief Act or any distributions or items of income
5described under subparagraph (X) of paragraph (2) of subsection
6(a) of Section 203 of the Illinois Income Tax Act.
7    The Department shall by rule establish the amounts of
8assets to be disregarded in determining eligibility for medical
9assistance, which shall at a minimum equal the amounts to be
10disregarded under the Federal Supplemental Security Income
11Program. The amount of assets of a single person to be
12disregarded shall not be less than $2,000, and the amount of
13assets of a married couple to be disregarded shall not be less
14than $3,000.
15    To the extent permitted under federal law, any person found
16guilty of a second violation of Article VIIIA shall be
17ineligible for medical assistance under this Article, as
18provided in Section 8A-8.
19    The eligibility of any person for medical assistance under
20this Article shall not be affected by the receipt by the person
21of donations or benefits from fundraisers held for the person
22in cases of serious illness, as long as neither the person nor
23members of the person's family have actual control over the
24donations or benefits or the disbursement of the donations or
25benefits.
26    Notwithstanding any other provision of this Code, if the

 

 

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1United States Supreme Court holds Title II, Subtitle A, Section
22001(a) of Public Law 111-148 to be unconstitutional, or if a
3holding of Public Law 111-148 makes Medicaid eligibility
4allowed under Section 2001(a) inoperable, the State or a unit
5of local government shall be prohibited from enrolling
6individuals in the Medical Assistance Program as the result of
7federal approval of a State Medicaid waiver on or after the
8effective date of this amendatory Act of the 97th General
9Assembly, and any individuals enrolled in the Medical
10Assistance Program pursuant to eligibility permitted as a
11result of such a State Medicaid waiver shall become immediately
12ineligible.
13    Notwithstanding any other provision of this Code, if an Act
14of Congress that becomes a Public Law eliminates Section
152001(a) of Public Law 111-148, the State or a unit of local
16government shall be prohibited from enrolling individuals in
17the Medical Assistance Program as the result of federal
18approval of a State Medicaid waiver on or after the effective
19date of this amendatory Act of the 97th General Assembly, and
20any individuals enrolled in the Medical Assistance Program
21pursuant to eligibility permitted as a result of such a State
22Medicaid waiver shall become immediately ineligible.
23    Effective October 1, 2013, the determination of
24eligibility of persons who qualify under paragraphs 5, 6, 8,
2515, 17, and 18 of this Section shall comply with the
26requirements of 42 U.S.C. 1396a(e)(14) and applicable federal

 

 

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1regulations.
2    The Department of Healthcare and Family Services, the
3Department of Human Services, and the Illinois health insurance
4marketplace shall work cooperatively to assist persons who
5would otherwise lose health benefits as a result of changes
6made under this amendatory Act of the 98th General Assembly to
7transition to other health insurance coverage.
8(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
999-143, eff. 7-27-15.)
 
10    (305 ILCS 5/Art. XVI heading new)
11
ARTICLE XVI. SURVIVOR SUPPORT AND TRAFFICKING PREVENTION

 
12    (305 ILCS 5/16-1 new)
13    Sec. 16-1. Benefits for foreign-born victims of
14trafficking, torture, or other serious crimes. In order to
15protect persons who are foreign-born victims of trafficking,
16torture, or other serious crimes and to reduce the risk of
17further harm, exploitation, and re-trafficking, beginning
18January 1, 2017, cash assistance provided under the Temporary
19Assistance for Needy Families program established under
20Article IV of this Code and benefits provided under the federal
21Supplemental Nutrition Assistance Program (SNAP) shall be
22provided to such persons and their derivative family members to
23the same extent cash assistance and SNAP benefits are provided
24to individuals who are admitted to the United States as

 

 

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1refugees under Section 1157 of Title 8 of the United States
2Code. To the extent that federal funding is not available, any
3cash assistance or SNAP benefits provided under this Article
4shall be paid from State funds.
 
5    (305 ILCS 5/16-2 new)
6    Sec. 16-2. Eligibility. A foreign-born victim of
7trafficking, torture, or other serious crimes and his or her
8derivative family members are eligible for cash assistance or
9SNAP benefits under this Article if:
10        (a) he or she:
11            (1) has filed or is preparing to file an
12        application for T Nonimmigrant status with the
13        appropriate federal agency pursuant to Section
14        1101(a)(15)(T) of Title 8 of the United States Code,
15        has an application for Continued Presence filed or
16        prepared on his or her behalf as provided under Section
17        7105(c)(3) of Title 22 of the United States Code, or is
18        otherwise taking steps to meet the conditions for
19        federal benefits eligibility under Section 7105 of
20        Title 22 of the United States Code;
21            (2) has filed or is preparing to file a formal
22        application with the appropriate federal agency for
23        status pursuant to Section 1101(a)(15)(U) of Title 8 of
24        the United States Code; or
25            (3) has filed or is preparing to file a formal

 

 

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1        application with the appropriate federal agency for
2        status under Section 1158 of Title 8 of the United
3        States Code; and
4    (b) is otherwise eligible for cash assistance or SNAP
5benefits, as applicable.
 
6    (305 ILCS 5/16-3 new)
7    Sec. 16-3. Determination of eligibility.
8    (a) The Department shall determine that an applicant for
9cash assistance or SNAP benefits provided under this Article is
10eligible for such benefits if the applicant meets the income
11guidelines and is otherwise eligible and either:
12        (1) the applicant:
13            (A) has filed an application for T Nonimmigrant
14        status with the appropriate federal agency pursuant to
15        Section 1101(a)(15)(T) of Title 8 of the United States
16        Code, has an application for Continued Presence filed
17        or prepared on his or her behalf as provided under
18        Section 7105(c)(3) of Title 22 of the United States
19        Code, or is otherwise taking steps to meet the
20        conditions for federal benefits eligibility under
21        Section 7105 of Title 22 of the United States Code;
22            (B) has filed a formal application with the
23        appropriate federal agency for status pursuant to
24        Section 1101(a)(15)(U) of Title 8 of the United States
25        Code; or

 

 

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1            (C) has filed a formal application with the
2        appropriate federal agency for status under Section
3        1158 of Title 8 of the United States Code; or
4        (2) the applicant, or a representative of the applicant
5    if the applicant is not competent, has provided to the
6    Department:
7            (A) a sworn statement that he or she is a
8        foreign-born victim of trafficking, torture, or other
9        serious crimes; and
10            (B) at least one item of additional evidence,
11        including, but not limited to, any of the following:
12                (i) police, government agency, or court
13            records or files;
14                (ii) news articles;
15                (iii) documentation from a social services,
16            trafficking, domestic violence program or rape
17            crisis center, or a legal, clinical, medical, or
18            other professional from whom the applicant or
19            recipient has sought assistance in dealing with
20            the crime;
21                (iv) a statement from any other individual
22            with knowledge of the circumstances that provided
23            the basis for the claim;
24                (v) physical evidence;
25                (vi) a copy of a completed visa application; or
26                (vii) written notice from the federal agency

 

 

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1            of receipt of the visa application.
2    (b) The Department may, in its discretion, provide cash
3assistance or SNAP benefits pursuant to this Article to an
4applicant who cannot provide additional evidence as set forth
5in subparagraph (B) of paragraph (2) of subsection (a) if:
6        (1) the applicant, or a representative of the applicant
7    if the applicant is not competent, has provided a sworn
8    statement that he or she is a foreign-born victim of
9    trafficking, torture, or other serious crimes; and
10        (2) the Department determines that the applicant is
11    credible.
 
12    (305 ILCS 5/16-4 new)
13    Sec. 16-4. Work requirements and exemptions.
14    (a) Persons who are foreign-born victims of trafficking,
15torture, or other serious crimes and who are receiving cash
16assistance or SNAP benefits under this Article shall be subject
17to the same work requirements and work requirement exemptions
18as other recipients of cash assistance or SNAP benefits,
19provided that compliance with these requirements is authorized
20by law.
21    (b) A person who is a foreign-born victim of trafficking,
22torture, or other serious crimes shall be exempted from any
23work requirements if physical or psychological trauma related
24to or arising from the trafficking, torture, or other serious
25crimes impedes his or her ability to comply.
 

 

 

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1    (305 ILCS 5/16-5 new)
2    Sec. 16-5. Termination of benefits.
3    (a) Any cash assistance or SNAP benefits provided under
4this Article to a person who is a foreign-born victim of
5trafficking, torture, or other serious crimes and his or her
6derivative family members shall be terminated if there is a
7final denial of that person's visa or asylum application under
8Sections 1101(a)(15)(T), 1101(a)(15)(U), or 1158 of Title 8 of
9the United States Code.
10    (b) A person who is a foreign-born victim of trafficking,
11torture, or other serious crimes and his or her derivative
12family members shall be ineligible for continued State-funded
13cash assistance or SNAP benefits provided under this Article if
14that person has not filed a formal application for status
15pursuant to Sections 1101(a)(15)(T), 1101(a)(15)(U), or 1158
16of Title 8 of the United States Code within one year after the
17date of his or her application for cash assistance or SNAP
18benefits provided under this Article; however, such a person
19shall not be ineligible for continued State-funded cash
20assistance or SNAP benefits provided under this Article if the
21person has Continued Presence status as provided under Section
227105(c)(3) of Title 22 of the United States Code. The
23Department of Human Services may extend the person's
24eligibility for cash assistance or SNAP benefits beyond
25one-year if the person can show that during the year of initial

 

 

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1eligibility he or she (i) experienced a health crisis, (ii) has
2been unable, after reasonable attempts, to obtain information
3from a third party that is necessary to complete his or her
4application for status, or (iii) has other extenuating
5circumstances.
 
6    (305 ILCS 5/16-6 new)
7    Sec. 16-6. Rulemaking authority. The Department of Human
8Services shall adopt any rules necessary to implement the
9provisions of this Article on or before January 1, 2017.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".