State of Illinois
90th General Assembly
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90_HB3439

      305 ILCS 5/12-4.35 new
          Amends the Illinois Public Aid Code.  Provides  that  the
      Department  shall  adopt  policies  regarding  the electronic
      benefits transfer (Link) program, including providing  checks
      or  coupons  to persons with physical or mental disabilities,
      making accommodations for personal attendants to have  access
      to   the   Link  account,  providing  duplicate  Link  cards,
      providing participants  with  rules  of  the  program  and  a
      listing   of  outlets  accepting  the  Link  card,  providing
      assistance regarding the  manual  backup  processing  system,
      reimbursing recipients for lost or stolen benefits, excluding
      situations  of  recipient fraud, and for benefits lost due to
      Department of Human Services or  contractor  error,  allowing
      recipients  to  exchange  for  food coupons for travel out of
      State, requiring vendors  to  accept  cash  along  with  Link
      cards, reimbursing accounts for charges in excess of a stated
      maximum,  establishing  a  formal  resolution  procedure  for
      complaints,  and  establishing  an  Advisory  Committee  that
      includes   advocate  and  recipient  representation  to  make
      recommendations regarding the Link program.   Effective  July
      1, 1998.
                                                     LRB9010489SMdv
                                               LRB9010489SMdv
 1        AN  ACT  to  amend the Illinois Public Aid Code by adding
 2    Section 12-4.35.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Illinois Public Aid Code is amended by
 6    adding Section 12-4.35 as follows:
 7        (305 ILCS 5/12-4.35 new)
 8        Sec.  12-4.35.  Link   (electronic   benefits   transfer)
 9    improvements.   On  and  after  the  effective  date  of this
10    amendatory Act of 1998, the Department of Human Services (the
11    Department) shall adopt and implement the following  policies
12    in  the  Illinois  Link  Electronic  Benefits  Transfer (EBT)
13    program in addition to any other policies it has  adopted  by
14    rule  that  are  not  inconsistent  with  this  Section.  The
15    Department shall:
16        (1)  at the recipient's  option,  exempt  from  mandatory
17    Illinois  Link  participation  households  headed by a person
18    with a physical or mental disability that makes it  difficult
19    for the person to use the Link card, and the Department shall
20    instead provide checks or food coupons;
21        (2)  at  the  recipient's  option, provide persons with a
22    disability who use a personal attendant to assist  them  with
23    daily  living  or  shopping  with a separate Link account and
24    Personal Identification Number (PIN) with  restricted  access
25    for  the personal attendant, and allow recipients to transfer
26    benefits from their Link accounts to the  personal  attendant
27    accounts;
28        (3)  at  the recipient's option, provide the Link head of
29    household with up to three additional  duplicate  Link  cards
30    for use by other household members;
31        (4)  provide   all  participants  in  the  Illinois  Link
                            -2-                LRB9010489SMdv
 1    program with a booklet or brochure  including  comprehensive,
 2    detailed  information  on  all policies and rules relating to
 3    the Illinois Link program,  including  the  location  of  all
 4    Automatic  Teller Machines (ATMs), Cash Stations, stores, and
 5    other  outlets  that  accept  Illinois  Link  cards  or  have
 6    Illinois Link machines;
 7        (5)  regarding the manual processing backup system:
 8             (A)  include in the toll-free Illinois Link Helpline
 9        an option for recipients to report a vendor's failure  to
10        use the manual processing backup system; and
11             (B)  require  the  Illinois  Link contractor charged
12        with monitoring the Helpline  to  ensure  that  a  vendor
13        complies   with   the  manual  processing  backup  system
14        procedures immediately upon the reporting of  a  vendor's
15        failure to use the manual processing backup system;
16        (6)  reimburse   recipients   for  lost  or  stolen  cash
17    benefits, unless the Department proves recipient fraud;
18        (7)  reimburse recipients for cash benefits lost  due  to
19    Department or Link contractor error;
20        (8)  allow recipients to convert food benefits to coupons
21    for  travel  out of State whenever the request is reasonable,
22    whether for a family emergency, to visit friends  or  tourist
23    sites,  to  receive  medical care, for employment, or for any
24    other reason  Illinois  residents  typically  travel  out  of
25    State;
26        (9)  require  vendors to allow food benefit recipients to
27    pay cash for purchases that exceed the  amount  remaining  in
28    their Link food account;
29        (10)  reimburse recipients' Link accounts for all charges
30    or  fees  deducted  by  ATMs or Cash Stations, whether or not
31    such entities are under contract with the State of  Illinois,
32    other  than  a  $1  transaction fee per cash withdrawal after
33    four free cash withdrawals per  month  and  a  50  cents  per
34    balance  inquiry  fee  after  four free balance inquiries per
                            -3-                LRB9010489SMdv
 1    month, up to a maximum of $5 per month for  such  transaction
 2    fees;
 3        (11)  establish   a  formal  error  resolution  procedure
 4    outside of the toll-free Helpline to deal with errors in  the
 5    Link accounts;
 6        (12)  establish   an  Advisory  Committee  that  includes
 7    advocate and recipient representation to make recommendations
 8    regarding the Link program.
 9        Section 99.  Effective date.  This Act takes effect  July
10    1, 1998.

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