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1    AN ACT concerning public aid.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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,
15who is otherwise eligible, must be either a United States
16citizen or included in one of the following categories of
18        (1) United States veterans honorably discharged and
19    persons on active military duty, and the spouse and
20    unmarried dependent children of these persons;
21        (2) Refugees under Section 207 of the Immigration and
22    Nationality Act;



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1        (3) Asylees under Section 208 of the Immigration and
2    Nationality Act;
3        (4) Persons for whom deportation has been withheld
4    under Section 243(h) of the Immigration and Nationality
5    Act;
6        (5) Persons granted conditional entry under Section
7    203(a)(7) of the Immigration and Nationality Act as in
8    effect prior to April 1, 1980;
9        (6) Persons lawfully admitted for permanent residence
10    under the Immigration and Nationality Act;
11        (7) Parolees, for at least one year, under Section
12    212(d)(5) of the Immigration and Nationality Act;
13        (8) Nationals of Cuba or Haiti admitted on or after
14    April 21, 1980;
15        (9) Amerasians from Vietnam, and their close family
16    members, admitted through the Orderly Departure Program
17    beginning on March 20, 1988;
18        (10) Persons identified by the federal Office of
19    Refugee Resettlement (ORR) as victims of trafficking;
20        (11) Persons legally residing in the United States who
21    were members of a Hmong or Highland Laotian tribe when the
22    tribe helped United States personnel by taking part in a
23    military or rescue operation during the Vietnam era
24    (between August 5, 1965 and May 7, 1975); this also
25    includes the person's spouse, a widow or widower who has
26    not remarried, and unmarried dependent children;



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1        (12) American Indians born in Canada under Section 289
2    of the Immigration and Nationality Act and members of an
3    Indian tribe as defined in Section 4e of the Indian
4    Self-Determination and Education Assistance Act; and
5        (13) Persons who are a spouse, widow, or child of a
6    U.S. citizen or a spouse or child of a legal permanent
7    resident (LPR) who have been battered or subjected to
8    extreme cruelty by the U.S. citizen or LPR or a member of
9    that relative's family who lived with them, who no longer
10    live with the abuser or plan to live separately within one
11    month of receipt of assistance and whose need for
12    assistance is due, at least in part, to the abuse; and .
13        (14) Persons who are foreign-born victims of
14    trafficking, torture, or other serious crimes as defined in
15    Section 2-19 of this Code.
16    Those persons who are in the categories set forth in
17subdivisions 6 and 7 of this Section, who enter the United
18States on or after August 22, 1996, shall not be eligible for 5
19years beginning on the date the person entered the United
21    The Illinois Department may, by rule, cover prenatal care
22or emergency medical care for non-citizens who are not
23otherwise eligible under this Section. Local governmental
24units which do not receive State funds may impose their own
25citizenship requirements and are authorized to provide any
26benefits and impose any citizenship requirements as are allowed



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1under the Personal Responsibility and Work Opportunity
2Reconciliation Act of 1996 (P.L. 104-193).
3(Source: P.A. 93-342, eff. 7-24-03.)
4    (305 ILCS 5/2-19 new)
5    Sec. 2-19. Foreign-born victims of trafficking, torture,
6or other serious crimes. "Foreign-born victim of trafficking,
7torture, or other serious crimes" means a person who is:
8        (1) a non-citizen victim of a severe form of
9    trafficking in persons who has been subjected to an act or
10    practice described in Section 7102 of Title 22 of the
11    United States Code or Section 10-9 of the Criminal Code of
12    2012;
13        (2) a non-citizen victim of an act or practice
14    described in Section 1101(a)(15)(U)(iii) of Title 8 of the
15    United States Code; or
16        (3) a non-citizen who has a well-founded fear of
17    persecution on account of race, religion, nationality,
18    membership in a particular social group, or political
19    opinion as set forth in Section 1101(a)(42)(A) of Title 8
20    of the United States Code.
21    (305 ILCS 5/5-2)  (from Ch. 23, par. 5-2)
22    Sec. 5-2. Classes of Persons Eligible.
23    Medical assistance under this Article shall be available to
24any of the following classes of persons in respect to whom a



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1plan for coverage has been submitted to the Governor by the
2Illinois Department and approved by him. If changes made in
3this Section 5-2 require federal approval, they shall not take
4effect until such approval has been received:
5        1. Recipients of basic maintenance grants under
6    Articles III and IV.
7        2. Beginning January 1, 2014, persons otherwise
8    eligible for basic maintenance under Article III,
9    excluding any eligibility requirements that are
10    inconsistent with any federal law or federal regulation, as
11    interpreted by the U.S. Department of Health and Human
12    Services, but who fail to qualify thereunder on the basis
13    of need, and who have insufficient income and resources to
14    meet the costs of necessary medical care, including but not
15    limited to the following:
16            (a) All persons otherwise eligible for basic
17        maintenance under Article III but who fail to qualify
18        under that Article on the basis of need and who meet
19        either of the following requirements:
20                (i) their income, as determined by the
21            Illinois Department in accordance with any federal
22            requirements, is equal to or less than 100% of the
23            federal poverty level; or
24                (ii) their income, after the deduction of
25            costs incurred for medical care and for other types
26            of remedial care, is equal to or less than 100% of



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1            the federal poverty level.
2            (b) (Blank).
3        3. (Blank).
4        4. Persons not eligible under any of the preceding
5    paragraphs who fall sick, are injured, or die, not having
6    sufficient money, property or other resources to meet the
7    costs of necessary medical care or funeral and burial
8    expenses.
9        5.(a) Women during pregnancy and during the 60-day
10    period beginning on the last day of the pregnancy, together
11    with their infants, whose income is at or below 200% of the
12    federal poverty level. Until September 30, 2019, or sooner
13    if the maintenance of effort requirements under the Patient
14    Protection and Affordable Care Act are eliminated or may be
15    waived before then, women during pregnancy and during the
16    60-day period beginning on the last day of the pregnancy,
17    whose countable monthly income, after the deduction of
18    costs incurred for medical care and for other types of
19    remedial care as specified in administrative rule, is equal
20    to or less than the Medical Assistance-No Grant(C)
21    (MANG(C)) Income Standard in effect on April 1, 2013 as set
22    forth in administrative rule.
23        (b) The plan for coverage shall provide ambulatory
24    prenatal care to pregnant women during a presumptive
25    eligibility period and establish an income eligibility
26    standard that is equal to 200% of the federal poverty



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



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1        (b) Children and youth who are under temporary custody
2    or guardianship of the Department of Children and Family
3    Services or who receive financial assistance in support of
4    an adoption or guardianship placement from the Department
5    of Children and Family Services.
6        7. (Blank).
7        8. As required under federal law, persons who are
8    eligible for Transitional Medical Assistance as a result of
9    an increase in earnings or child or spousal support
10    received. The plan for coverage for this class of persons
11    shall:
12            (a) extend the medical assistance coverage to the
13        extent required by federal law; and
14            (b) offer persons who have initially received 6
15        months of the coverage provided in paragraph (a) above,
16        the option of receiving an additional 6 months of
17        coverage, subject to the following:
18                (i) such coverage shall be pursuant to
19            provisions of the federal Social Security Act;
20                (ii) such coverage shall include all services
21            covered under Illinois' State Medicaid Plan;
22                (iii) no premium shall be charged for such
23            coverage; and
24                (iv) such coverage shall be suspended in the
25            event of a person's failure without good cause to
26            file in a timely fashion reports required for this



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1            coverage under the Social Security Act and
2            coverage shall be reinstated upon the filing of
3            such reports if the person remains otherwise
4            eligible.
5        9. Persons with acquired immunodeficiency syndrome
6    (AIDS) or with AIDS-related conditions with respect to whom
7    there has been a determination that but for home or
8    community-based services such individuals would require
9    the level of care provided in an inpatient hospital,
10    skilled nursing facility or intermediate care facility the
11    cost of which is reimbursed under this Article. Assistance
12    shall be provided to such persons to the maximum extent
13    permitted under Title XIX of the Federal Social Security
14    Act.
15        10. Participants in the long-term care insurance
16    partnership program established under the Illinois
17    Long-Term Care Partnership Program Act who meet the
18    qualifications for protection of resources described in
19    Section 15 of that Act.
20        11. Persons with disabilities who are employed and
21    eligible for Medicaid, pursuant to Section
22    1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
23    subject to federal approval, persons with a medically
24    improved disability who are employed and eligible for
25    Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
26    the Social Security Act, as provided by the Illinois



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1    Department by rule. In establishing eligibility standards
2    under this paragraph 11, the Department shall, subject to
3    federal approval:
4            (a) set the income eligibility standard at not
5        lower than 350% of the federal poverty level;
6            (b) exempt retirement accounts that the person
7        cannot access without penalty before the age of 59 1/2,
8        and medical savings accounts established pursuant to
9        26 U.S.C. 220;
10            (c) allow non-exempt assets up to $25,000 as to
11        those assets accumulated during periods of eligibility
12        under this paragraph 11; and
13            (d) continue to apply subparagraphs (b) and (c) in
14        determining the eligibility of the person under this
15        Article even if the person loses eligibility under this
16        paragraph 11.
17        12. Subject to federal approval, persons who are
18    eligible for medical assistance coverage under applicable
19    provisions of the federal Social Security Act and the
20    federal Breast and Cervical Cancer Prevention and
21    Treatment Act of 2000. Those eligible persons are defined
22    to include, but not be limited to, the following persons:
23            (1) persons who have been screened for breast or
24        cervical cancer under the U.S. Centers for Disease
25        Control and Prevention Breast and Cervical Cancer
26        Program established under Title XV of the federal



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1        Public Health Services Act in accordance with the
2        requirements of Section 1504 of that Act as
3        administered by the Illinois Department of Public
4        Health; and
5            (2) persons whose screenings under the above
6        program were funded in whole or in part by funds
7        appropriated to the Illinois Department of Public
8        Health for breast or cervical cancer screening.
9        "Medical assistance" under this paragraph 12 shall be
10    identical to the benefits provided under the State's
11    approved plan under Title XIX of the Social Security Act.
12    The Department must request federal approval of the
13    coverage under this paragraph 12 within 30 days after the
14    effective date of this amendatory Act of the 92nd General
15    Assembly.
16        In addition to the persons who are eligible for medical
17    assistance pursuant to subparagraphs (1) and (2) of this
18    paragraph 12, and to be paid from funds appropriated to the
19    Department for its medical programs, any uninsured person
20    as defined by the Department in rules residing in Illinois
21    who is younger than 65 years of age, who has been screened
22    for breast and cervical cancer in accordance with standards
23    and procedures adopted by the Department of Public Health
24    for screening, and who is referred to the Department by the
25    Department of Public Health as being in need of treatment
26    for breast or cervical cancer is eligible for medical



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1    assistance benefits that are consistent with the benefits
2    provided to those persons described in subparagraphs (1)
3    and (2). Medical assistance coverage for the persons who
4    are eligible under the preceding sentence is not dependent
5    on federal approval, but federal moneys may be used to pay
6    for services provided under that coverage upon federal
7    approval.
8        13. Subject to appropriation and to federal approval,
9    persons living with HIV/AIDS who are not otherwise eligible
10    under this Article and who qualify for services covered
11    under Section 5-5.04 as provided by the Illinois Department
12    by rule.
13        14. Subject to the availability of funds for this
14    purpose, the Department may provide coverage under this
15    Article to persons who reside in Illinois who are not
16    eligible under any of the preceding paragraphs and who meet
17    the income guidelines of paragraph 2(a) of this Section and
18    (i) have an application for asylum pending before the
19    federal Department of Homeland Security or on appeal before
20    a court of competent jurisdiction and are represented
21    either by counsel or by an advocate accredited by the
22    federal Department of Homeland Security and employed by a
23    not-for-profit organization in regard to that application
24    or appeal, or (ii) are receiving services through a
25    federally funded torture treatment center. Medical
26    coverage under this paragraph 14 may be provided for up to



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1    24 continuous months from the initial eligibility date so
2    long as an individual continues to satisfy the criteria of
3    this paragraph 14. If an individual has an appeal pending
4    regarding an application for asylum before the Department
5    of Homeland Security, eligibility under this paragraph 14
6    may be extended until a final decision is rendered on the
7    appeal. The Department may adopt rules governing the
8    implementation of this paragraph 14.
9        15. Family Care Eligibility.
10            (a) On and after July 1, 2012, a parent or other
11        caretaker relative who is 19 years of age or older when
12        countable income is at or below 133% of the federal
13        poverty level. A person may not spend down to become
14        eligible under this paragraph 15.
15            (b) Eligibility shall be reviewed annually.
16            (c) (Blank).
17            (d) (Blank).
18            (e) (Blank).
19            (f) (Blank).
20            (g) (Blank).
21            (h) (Blank).
22            (i) Following termination of an individual's
23        coverage under this paragraph 15, the individual must
24        be determined eligible before the person can be
25        re-enrolled.
26        16. Subject to appropriation, uninsured persons who



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1    are not otherwise eligible under this Section who have been
2    certified and referred by the Department of Public Health
3    as having been screened and found to need diagnostic
4    evaluation or treatment, or both diagnostic evaluation and
5    treatment, for prostate or testicular cancer. For the
6    purposes of this paragraph 16, uninsured persons are those
7    who do not have creditable coverage, as defined under the
8    Health Insurance Portability and Accountability Act, or
9    have otherwise exhausted any insurance benefits they may
10    have had, for prostate or testicular cancer diagnostic
11    evaluation or treatment, or both diagnostic evaluation and
12    treatment. To be eligible, a person must furnish a Social
13    Security number. A person's assets are exempt from
14    consideration in determining eligibility under this
15    paragraph 16. Such persons shall be eligible for medical
16    assistance under this paragraph 16 for so long as they need
17    treatment for the cancer. A person shall be considered to
18    need treatment if, in the opinion of the person's treating
19    physician, the person requires therapy directed toward
20    cure or palliation of prostate or testicular cancer,
21    including recurrent metastatic cancer that is a known or
22    presumed complication of prostate or testicular cancer and
23    complications resulting from the treatment modalities
24    themselves. Persons who require only routine monitoring
25    services are not considered to need treatment. "Medical
26    assistance" under this paragraph 16 shall be identical to



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1    the benefits provided under the State's approved plan under
2    Title XIX of the Social Security Act. Notwithstanding any
3    other provision of law, the Department (i) does not have a
4    claim against the estate of a deceased recipient of
5    services under this paragraph 16 and (ii) does not have a
6    lien against any homestead property or other legal or
7    equitable real property interest owned by a recipient of
8    services under this paragraph 16.
9        17. Persons who, pursuant to a waiver approved by the
10    Secretary of the U.S. Department of Health and Human
11    Services, are eligible for medical assistance under Title
12    XIX or XXI of the federal Social Security Act.
13    Notwithstanding any other provision of this Code and
14    consistent with the terms of the approved waiver, the
15    Illinois Department, may by rule:
16            (a) Limit the geographic areas in which the waiver
17        program operates.
18            (b) Determine the scope, quantity, duration, and
19        quality, and the rate and method of reimbursement, of
20        the medical services to be provided, which may differ
21        from those for other classes of persons eligible for
22        assistance under this Article.
23            (c) Restrict the persons' freedom in choice of
24        providers.
25        18. Beginning January 1, 2014, persons aged 19 or
26    older, but younger than 65, who are not otherwise eligible



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1    for medical assistance under this Section 5-2, who qualify
2    for medical assistance pursuant to 42 U.S.C.
3    1396a(a)(10)(A)(i)(VIII) and applicable federal
4    regulations, and who have income at or below 133% of the
5    federal poverty level plus 5% for the applicable family
6    size as determined pursuant to 42 U.S.C. 1396a(e)(14) and
7    applicable federal regulations. Persons eligible for
8    medical assistance under this paragraph 18 shall receive
9    coverage for the Health Benefits Service Package as that
10    term is defined in subsection (m) of Section 5-1.1 of this
11    Code. If Illinois' federal medical assistance percentage
12    (FMAP) is reduced below 90% for persons eligible for
13    medical assistance under this paragraph 18, eligibility
14    under this paragraph 18 shall cease no later than the end
15    of the third month following the month in which the
16    reduction in FMAP takes effect.
17        19. Beginning January 1, 2014, as required under 42
18    U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18
19    and younger than age 26 who are not otherwise eligible for
20    medical assistance under paragraphs (1) through (17) of
21    this Section who (i) were in foster care under the
22    responsibility of the State on the date of attaining age 18
23    or on the date of attaining age 21 when a court has
24    continued wardship for good cause as provided in Section
25    2-31 of the Juvenile Court Act of 1987 and (ii) received
26    medical assistance under the Illinois Title XIX State Plan



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1    or waiver of such plan while in foster care.
2        20. Beginning January 1, 2018, persons who are
3    foreign-born victims of human trafficking, torture, or
4    other serious crimes as defined in Section 2-19 of this
5    Code and their derivative family members if such persons:
6    (i) reside in Illinois; (ii) are not eligible under any of
7    the preceding paragraphs; (iii) meet the income guidelines
8    of subparagraph (a) of paragraph 2; and (iv) meet the
9    nonfinancial eligibility requirements of Sections 16-2,
10    16-3, and 16-5 of this Code. The Department may extend
11    medical assistance for persons who are foreign-born
12    victims of human trafficking, torture, or other serious
13    crimes whose medical assistance would be terminated
14    pursuant to subsection (b) of Section 16-5 if the
15    Department determines that the person, during the year of
16    initial eligibility (1) experienced a health crisis, (2)
17    has been unable, after reasonable attempts, to obtain
18    necessary information from a third party, or (3) has other
19    extenuating circumstances that prevented the person from
20    completing his or her application for status. The
21    Department may adopt any rules necessary to implement the
22    provisions of this paragraph.
23    In implementing the provisions of Public Act 96-20, the
24Department is authorized to adopt only those rules necessary,
25including emergency rules. Nothing in Public Act 96-20 permits
26the Department to adopt rules or issue a decision that expands



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1eligibility for the FamilyCare Program to a person whose income
2exceeds 185% of the Federal Poverty Level as determined from
3time to time by the U.S. Department of Health and Human
4Services, unless the Department is provided with express
5statutory authority.
6    The eligibility of any such person for medical assistance
7under this Article is not affected by the payment of any grant
8under the Senior Citizens and Persons with Disabilities
9Property Tax Relief Act or any distributions or items of income
10described under subparagraph (X) of paragraph (2) of subsection
11(a) of Section 203 of the Illinois Income Tax Act.
12    The Department shall by rule establish the amounts of
13assets to be disregarded in determining eligibility for medical
14assistance, which shall at a minimum equal the amounts to be
15disregarded under the Federal Supplemental Security Income
16Program. The amount of assets of a single person to be
17disregarded shall not be less than $2,000, and the amount of
18assets of a married couple to be disregarded shall not be less
19than $3,000.
20    To the extent permitted under federal law, any person found
21guilty of a second violation of Article VIIIA shall be
22ineligible for medical assistance under this Article, as
23provided in Section 8A-8.
24    The eligibility of any person for medical assistance under
25this Article shall not be affected by the receipt by the person
26of donations or benefits from fundraisers held for the person



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1in cases of serious illness, as long as neither the person nor
2members of the person's family have actual control over the
3donations or benefits or the disbursement of the donations or
5    Notwithstanding any other provision of this Code, if the
6United States Supreme Court holds Title II, Subtitle A, Section
72001(a) of Public Law 111-148 to be unconstitutional, or if a
8holding of Public Law 111-148 makes Medicaid eligibility
9allowed under Section 2001(a) inoperable, the State or a unit
10of local government shall be prohibited from enrolling
11individuals in the Medical Assistance Program as the result of
12federal approval of a State Medicaid waiver on or after the
13effective date of this amendatory Act of the 97th General
14Assembly, and any individuals enrolled in the Medical
15Assistance Program pursuant to eligibility permitted as a
16result of such a State Medicaid waiver shall become immediately
18    Notwithstanding any other provision of this Code, if an Act
19of Congress that becomes a Public Law eliminates Section
202001(a) of Public Law 111-148, the State or a unit of local
21government shall be prohibited from enrolling individuals in
22the Medical Assistance Program as the result of federal
23approval of a State Medicaid waiver on or after the effective
24date of this amendatory Act of the 97th General Assembly, and
25any individuals enrolled in the Medical Assistance Program
26pursuant to eligibility permitted as a result of such a State



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1Medicaid waiver shall become immediately ineligible.
2    Effective October 1, 2013, the determination of
3eligibility of persons who qualify under paragraphs 5, 6, 8,
415, 17, and 18 of this Section shall comply with the
5requirements of 42 U.S.C. 1396a(e)(14) and applicable federal
7    The Department of Healthcare and Family Services, the
8Department of Human Services, and the Illinois health insurance
9marketplace shall work cooperatively to assist persons who
10would otherwise lose health benefits as a result of changes
11made under this amendatory Act of the 98th General Assembly to
12transition to other health insurance coverage.
13(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
1499-143, eff. 7-27-15.)
15    (305 ILCS 5/Art. XVI heading new)

17    (305 ILCS 5/16-1 new)
18    Sec. 16-1. Benefits for foreign-born victims of
19trafficking, torture, or other serious crimes. In order to
20protect persons who are foreign-born victims of trafficking,
21torture, or other serious crimes and to reduce the risk of
22further harm, exploitation, and re-trafficking, beginning
23January 1, 2018, cash assistance provided under the Temporary
24Assistance for Needy Families program established under



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1Article IV of this Code and benefits provided under the federal
2Supplemental Nutrition Assistance Program (SNAP) shall be
3provided to such persons and their derivative family members to
4the same extent cash assistance and SNAP benefits are provided
5to individuals who are admitted to the United States as
6refugees under Section 1157 of Title 8 of the United States
7Code. To the extent that federal funding is not available, any
8cash assistance or SNAP benefits provided under this Article
9shall be paid from State funds. If changes made in this Section
10require federal approval, they shall not take effect until such
11approval has been received.
12    (305 ILCS 5/16-2 new)
13    Sec. 16-2. Eligibility. A foreign-born victim of
14trafficking, torture, or other serious crimes and his or her
15derivative family members are eligible for cash assistance or
16SNAP benefits under this Article if:
17        (a) he or she:
18            (1) has filed or is preparing to file an
19        application for T Nonimmigrant status with the
20        appropriate federal agency pursuant to Section
21        1101(a)(15)(T) of Title 8 of the United States Code, or
22        is otherwise taking steps to meet the conditions for
23        federal benefits eligibility under Section 7105 of
24        Title 22 of the United States Code;
25            (2) has filed or is preparing to file a formal



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



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1            (C) a formal application with the appropriate
2        federal agency for status under Section 1158 of Title 8
3        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 credible
11        evidence, including, but not limited to, any of the
12        following:
13                (i) police, government agency, or court
14            records or files;
15                (ii) news articles;
16                (iii) documentation from a social services,
17            trafficking, domestic violence program or rape
18            crisis center, or a legal, clinical, medical, or
19            other professional from whom the applicant or
20            recipient has sought assistance in dealing with
21            the crime;
22                (iv) a statement from any other individual
23            with knowledge of the circumstances that provided
24            the basis for the claim;
25                (v) physical evidence;
26                (vi) a copy of a completed visa application; or



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



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



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1information from a third party, or (iii) has other extenuating
2circumstances that prevented the person from completing his or
3her application for status.
4    (305 ILCS 5/16-6 new)
5    Sec. 16-6. Rulemaking authority. The Department of Human
6Services shall adopt any rules necessary to implement the
7provisions of this Article on or before January 1, 2018.
8    (305 ILCS 5/16-7 new)
9    Sec. 16-7. Program termination. The provisions of this
10Article are inoperative on and after June 30, 2019.
11    Section 99. Effective date. This Act takes effect upon
12becoming law.