Illinois General Assembly - Full Text of HB5641
Illinois General Assembly

Previous General Assemblies

Full Text of HB5641  97th General Assembly


Rep. Patricia R. Bellock

Filed: 3/23/2012





09700HB5641ham002LRB097 19117 KTG 67929 a


2    AMENDMENT NO. ______. Amend House Bill 5641 by replacing
3everything after the enacting clause with the following:
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.



09700HB5641ham002- 2 -LRB097 19117 KTG 67929 a

1    (b) The Department shall establish a computerized income
2and identity eligibility verification system in order to verify
3eligibility, eliminate duplication of assistance, and deter
5    (c) Prior to awarding or continuing assistance under this
6Article, the Department shall, to the extent such databases are
7available to the Department, match the name, date of birth, and
8social security number of each applicant and recipient against
9the following:
10        (1) Unearned income information maintained by the
11    Internal Revenue Service.
12        (2) Employer quarterly reports of income and
13    unemployment insurance payment information maintained by
14    the Department of Employment Security.
15        (3) Earned income information maintained by the Social
16    Security Administration.
17        (4) Immigration status information maintained by the
18    United States Citizenship and Immigration Services.
19        (5) Death register information maintained by the
20    Social Security Administration.
21        (6) Prisoner information maintained by the Social
22    Security Administration.
23        (7) Public housing and Section 8 Housing Assistance
24    payment information maintained by the Department of
25    Housing and Urban Development.
26        (8) National fleeing felon information maintained by



09700HB5641ham002- 3 -LRB097 19117 KTG 67929 a

1    the Federal Bureau of Investigation.
2        (9) Wage reporting and similar information maintained
3    by states contiguous to this State.
4        (10) Beneficiary records and earnings information
5    maintained by the Social Security Administration in its
6    Beneficiary and Earnings Data Exchange (BENDEX) database.
7        (11) Earnings and pension information maintained by
8    the Social Security Administration in its Beneficiary
9    Earnings Exchange Record System (BEERS) database.
10        (12) Employment information maintained by the
11    Department of Employment Security in its New Hire Directory
12    database.
13        (13) Employment information maintained by the United
14    States Department of Health and Human Services in its
15    National Directory of New Hires database.
16        (14) Supplemental Security Income information
17    maintained by the Social Security Administration in its
18    State Data Exchange (SDX) database.
19        (15) Veterans' benefits information maintained by the
20    United States Department of Health and Human Services, in
21    coordination with the Department of Health and Human
22    Services and the Department of Veterans' Affairs, in the
23    federal Public Assistance Reporting Information System
24    (PARIS) database.
25        (16) Child care services information maintained by the
26    Department of Health and Human Services under its child



09700HB5641ham002- 4 -LRB097 19117 KTG 67929 a

1    care assistance program.
2        (17) Utility payments information maintained by the
3    Department of Commerce and Economic Opportunity under the
4    Low Income Home Energy Assistance Program.
5        (18) A database which is substantially similar to or a
6    successor of a database established in this section.
7        (19) A database of all persons who currently hold a
8    license, permit, or certificate from a State agency.
9    (d) Prior to awarding or continuing assistance under this
10Article, the Department shall match the name, date of birth,
11and social security number of each applicant and recipient
12against the following public records:
13        (1) A nationwide public records data source of physical
14    asset ownership such as real property, automobiles,
15    watercraft, aircraft, and luxury vehicles.
16        (2) A nationwide public records data source of
17    incarcerated individuals.
18        (3) A nationwide best-address and driver's license
19    data source to verify individuals are residents of the
20    State.
21        (4) A comprehensive public records database that
22    identifies potential identity fraud or identity theft that
23    can closely associate name, social security number, date of
24    birth, phone, and address information.
25    (e) If a discrepancy results between an applicant's or
26recipient's social security number and one or more of the



09700HB5641ham002- 5 -LRB097 19117 KTG 67929 a

1databases or information tools listed under subsection (b),
2(c), or (d), the Department shall review the applicant's or
3recipient's case using the following procedures:
4        (1) If the information discovered under subsections
5    (c) and (d) does not result in the Department finding the
6    applicant or recipient ineligible for assistance under
7    this Article, the Department shall take no further action.
8        (2) If the information discovered results in the
9    Department finding the applicant or recipient ineligible
10    for assistance, the applicant or recipient shall be given
11    an opportunity to explain the discrepancy. The Department
12    shall provide written notice to the applicant or recipient
13    which shall describe in sufficient detail the
14    circumstances of the discrepancy, the manner in which the
15    applicant or recipient may respond, and the consequences of
16    failing to take action. The applicant or recipient shall
17    have 10 business days to respond in an attempt to resolve
18    the discrepancy. The explanation provided by the recipient
19    or applicant shall be given in writing. After receiving the
20    explanation, the Department may request additional
21    documentation if it determines that there is a substantial
22    risk of fraud.
23        (3) If the applicant or recipient does not respond to
24    the notice, the Department shall deny assistance for
25    failure to cooperate, in which case the Department shall
26    provide notice of intent to discontinue assistance.



09700HB5641ham002- 6 -LRB097 19117 KTG 67929 a

1    Eligibility for assistance shall not be reestablished
2    until the discrepancy has been resolved.
3        (4) If an applicant or recipient responds to the notice
4    and disagrees with the findings of the match between his or
5    her social security number and one or more databases or
6    information tools listed under this Section, the
7    Department shall reinvestigate the matter. If the
8    Department finds that there has been an error, the
9    Department shall take immediate action to correct it and no
10    further action shall be taken. If, after an investigation,
11    the Department determines that there is no error, the
12    Department shall determine the effect on the applicant's or
13    recipient's case and take appropriate action. Written
14    notice of the Department's action shall be given to the
15    applicant or recipient.
16        (5) If the applicant or recipient agrees with the
17    findings of the match between the applicant's or
18    recipient's social security number and one or more
19    databases or information tools listed under this Section,
20    the Department shall determine the effect on the
21    applicant's or recipient's case and take appropriate
22    action. Written notice of the Department's action shall be
23    given to the applicant or recipient. In no case shall the
24    Department discontinue medical assistance coverage as a
25    result of a match between the applicant's or recipient's
26    social security number and one more databases or



09700HB5641ham002- 7 -LRB097 19117 KTG 67929 a

1    information tools listed under this Section until the
2    applicant or recipient has been given notice of the
3    discrepancy and the opportunity to respond.
4        (6) The applicant or recipient shall have an
5    opportunity for a fair hearing in the event of any adverse
6    action affecting eligibility for assistance under this
7    Article.
8    (f) The Department may contract with third party entities
9to perform the review of such enrollees as authorized under
10this Section or to provide information to facilitate such
12    (g) The Department shall adopt any rules necessary to
13implement this Section.
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".