Full Text of HB5641 97th General Assembly
HB5641eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public aid.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | adding Section 5-1.2a as follows: | 6 | | (305 ILCS 5/5-1.2a new) | 7 | | Sec. 5-1.2a. Income and Identity Verification System. | 8 | | (a) Within 6 months after
the effective date of this | 9 | | amendatory Act of the 97th General Assembly, the Department | 10 | | shall establish uniform procedures to identify, investigate, | 11 | | and resolve potential cases of fraud, misrepresentation, or | 12 | | inadequate documentation prior to determining an applicant's | 13 | | eligibility for assistance under this Article. The procedures | 14 | | shall ensure that every case is reviewed. Each review shall | 15 | | include utilization of the income and identity verification | 16 | | system established under this Section. | 17 | | (b) The Department shall establish a computerized income | 18 | | and identity eligibility verification system in order to verify | 19 | | eligibility, eliminate duplication of assistance, and deter | 20 | | fraud. | 21 | | (c) Prior to awarding or continuing assistance under this | 22 | | Article, the Department shall, to the extent such databases are | 23 | | available to the Department, match the name, date of birth, and |
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| 1 | | social security number of each applicant and recipient against | 2 | | the following: | 3 | | (1) Unearned income information maintained by the | 4 | | Internal Revenue Service. | 5 | | (2) Employer quarterly reports of income and | 6 | | unemployment insurance payment information maintained by | 7 | | the Department of Employment Security. | 8 | | (3) Earned income information maintained by the Social | 9 | | Security Administration. | 10 | | (4) Immigration status information maintained by the | 11 | | United States Citizenship and Immigration Services. | 12 | | (5) Death register information maintained by the | 13 | | Social Security Administration. | 14 | | (6) Prisoner information maintained by the Social | 15 | | Security Administration. | 16 | | (7) Public housing and Section 8 Housing Assistance | 17 | | payment information maintained by the Department of | 18 | | Housing and Urban Development. | 19 | | (8) National fleeing felon information maintained by | 20 | | the Federal Bureau of Investigation. | 21 | | (9) Wage reporting and similar information maintained | 22 | | by states contiguous to this State. | 23 | | (10) Beneficiary records and earnings information | 24 | | maintained by the Social Security Administration in its | 25 | | Beneficiary and Earnings Data Exchange (BENDEX) database. | 26 | | (11) Earnings and pension information maintained by |
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| 1 | | the Social Security Administration in its Beneficiary | 2 | | Earnings Exchange Record System (BEERS) database. | 3 | | (12) Employment information maintained by the | 4 | | Department of Employment Security in its New Hire Directory | 5 | | database. | 6 | | (13) Employment information maintained by the United | 7 | | States Department of Health and Human Services in its | 8 | | National Directory of New Hires database. | 9 | | (14) Supplemental Security Income information | 10 | | maintained by the Social Security Administration in its | 11 | | State Data Exchange (SDX) database. | 12 | | (15) Veterans' benefits information maintained by the | 13 | | United States Department of Health and Human Services, in | 14 | | coordination with the Department of Health and Human | 15 | | Services and the Department of Veterans' Affairs, in the | 16 | | federal Public Assistance Reporting Information System | 17 | | (PARIS) database. | 18 | | (16) Child care services information maintained by the | 19 | | Department of Health and Human Services under its child | 20 | | care assistance program. | 21 | | (17) Utility payments information maintained by the | 22 | | Department of Commerce and Economic Opportunity under
the | 23 | | Low Income Home Energy Assistance Program. | 24 | | (18) A database which is substantially similar to or a | 25 | | successor of a database established in this Section. | 26 | | (19) A database of all persons who currently hold a |
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| 1 | | license, permit, or certificate from a State agency. | 2 | | (d) Prior to awarding or continuing assistance under this | 3 | | Article, the Department shall match the name, date of birth, | 4 | | and social security number of each applicant and recipient | 5 | | against the following public records: | 6 | | (1) A nationwide public records data source of physical | 7 | | asset ownership such as real property, automobiles, | 8 | | watercraft, aircraft, and luxury vehicles. | 9 | | (2) A nationwide public records data source of | 10 | | incarcerated individuals. | 11 | | (3) A nationwide best-address and driver's license | 12 | | data source to verify individuals are residents of the | 13 | | State. | 14 | | (4) A comprehensive public records database that | 15 | | identifies potential identity fraud or identity theft that | 16 | | can closely associate name, social security number, date of | 17 | | birth, phone, and address information. | 18 | | (e) If a discrepancy results between an applicant's or | 19 | | recipient's social security number and one or more of the | 20 | | databases or information tools listed under subsection (b), | 21 | | (c), or (d), the Department shall review the applicant's or | 22 | | recipient's case using the following procedures: | 23 | | (1) If the information discovered under subsections | 24 | | (c) and (d) does not result in the Department finding the | 25 | | applicant or recipient ineligible for assistance under | 26 | | this Article, the Department shall take no further action. |
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| 1 | | (2) If the information discovered results in the | 2 | | Department finding the applicant or recipient ineligible | 3 | | for assistance, the applicant or recipient shall be given | 4 | | an opportunity to explain the discrepancy. The Department | 5 | | shall provide written notice to the applicant or recipient | 6 | | which shall describe in sufficient detail the | 7 | | circumstances of the discrepancy, the manner in which the | 8 | | applicant or recipient may respond, and the consequences of | 9 | | failing to take action. The applicant or recipient shall | 10 | | have 10 business days to respond in an attempt to resolve | 11 | | the discrepancy. The explanation provided by the recipient | 12 | | or applicant shall be given in writing. After receiving the | 13 | | explanation, the Department may request additional | 14 | | documentation if it determines that there is a substantial | 15 | | risk of fraud. | 16 | | (3) If the applicant or recipient does not respond to | 17 | | the notice, the Department shall deny assistance for | 18 | | failure to cooperate, in which case the Department shall | 19 | | provide notice of intent to discontinue assistance. | 20 | | Eligibility for assistance shall not be reestablished | 21 | | until the discrepancy has been resolved. | 22 | | (4) If an applicant or recipient responds to the notice | 23 | | and disagrees with the findings of the match between his or | 24 | | her social security number and one or more databases or | 25 | | information tools listed under this Section, the | 26 | | Department shall reinvestigate the matter. If the |
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| 1 | | Department finds that there has been an error, the | 2 | | Department shall take immediate action to correct it and no | 3 | | further action shall be taken. If, after an investigation, | 4 | | the Department determines that there is no error, the | 5 | | Department shall determine the effect on the applicant's or | 6 | | recipient's case and take appropriate action. Written | 7 | | notice of the Department's action shall be given to the | 8 | | applicant or recipient. | 9 | | (5) If the applicant or recipient agrees with the | 10 | | findings of the match between the applicant's or | 11 | | recipient's social security number and one or more | 12 | | databases or information tools listed under this Section, | 13 | | the Department shall determine the effect on the | 14 | | applicant's or recipient's case and take appropriate | 15 | | action. Written notice of the Department's action shall be | 16 | | given to the applicant or recipient. In no case shall the | 17 | | Department discontinue medical assistance coverage as a | 18 | | result of a match between the applicant's or recipient's | 19 | | social security number and one more databases or | 20 | | information tools listed under this Section until the | 21 | | applicant or recipient has been given notice of the | 22 | | discrepancy and the opportunity to respond. | 23 | | (6) The applicant or recipient shall have an | 24 | | opportunity for a fair hearing in the event of any adverse | 25 | | action affecting eligibility for assistance under this | 26 | | Article. |
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| 1 | | (f) The Department may contract with third party entities | 2 | | to perform the review of such enrollees as authorized under | 3 | | this Section or to provide information to facilitate such | 4 | | reviews. | 5 | | (g) The Department shall adopt any rules necessary to | 6 | | implement this Section.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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