Illinois House Bill HB3871

Illinois 2023-2024 Regular Session

• Introduced: 2/17/23
• Refer: 2/28/23
• Refer: 2/17/23
• Refer: 3/10/23

Caption

DHS-SNAP-STOLEN BENEFITS

Impact

The implementation of HB3871 is set to positively impact SNAP recipients who fall victim to fraud, ensuring that they are not deprived of necessary assistance due to criminal acts. With the inclusion of mechanisms for the Department to adopt rules on substantiating claims, the bill aims to create a more streamlined and efficient process for recipients to recover lost benefits. However, the bill is framed with a sunset provision, as it will be repealed on January 1, 2027, which signifies the intention to evaluate its effectiveness over time and potentially address any shortcomings thereafter.

Summary

House Bill 3871 amends the Administration Article of the Illinois Public Aid Code to provide a mechanism for replacing Supplemental Nutrition Assistance Program (SNAP) benefits that have been stolen from recipients through fraudulent methods such as card skimming or cloning. The bill mandates that, subject to appropriation, the Department of Human Services (DHS) is responsible for replacing the stolen benefits for incidents that occurred between October 1, 2022, and September 30, 2026. This provision is particularly important as it addresses a growing concern regarding the security of electronic benefits transfer cards, specifically the LINK card issued by the DHS, which enables beneficiaries to access their food assistance benefits.

Contention

Notable points of contention around the bill may involve the funding and appropriations aspect, as it relies on state resources to effectively reimburse individuals for their stolen benefits. There may also be discussions on the adequacy of fraud prevention measures and how the DHS will manage rulemaking to balance the need for security with the preservation of client dignity and ease of access. Additionally, discussions may arise concerning the scope of what constitutes fraudulent activity and the burden of proof placed upon the beneficiaries to claim their lost benefits.