Illinois General Assembly - Full Text of HB5641
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Full Text of HB5641  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,
3represented in the General Assembly:
4    Section 5. The Illinois Public Aid Code is amended by
5adding 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
9amendatory Act of the 97th General Assembly, the Department
10shall establish uniform procedures to identify, investigate,
11and resolve potential cases of fraud, misrepresentation, or
12inadequate documentation prior to determining an applicant's
13eligibility for assistance under this Article. The procedures
14shall ensure that every case is reviewed. Each review shall
15include utilization of the income and identity verification
16system established under this Section.
17    (b) The Department shall establish a computerized income
18and identity eligibility verification system in order to verify
19eligibility, eliminate duplication of assistance, and deter
21    (c) Prior to awarding or continuing assistance under this
22Article, the Department shall, to the extent such databases are
23available to the Department, match the name, date of birth, and



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1social security number of each applicant and recipient against
2the 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
3Article, the Department shall match the name, date of birth,
4and social security number of each applicant and recipient
5against 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
19recipient's social security number and one or more of the
20databases or information tools listed under subsection (b),
21(c), or (d), the Department shall review the applicant's or
22recipient'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
2to perform the review of such enrollees as authorized under
3this Section or to provide information to facilitate such
5    (g) The Department shall adopt any rules necessary to
6implement this Section.
7    Section 99. Effective date. This Act takes effect upon
8becoming law.