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.