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ILNAELA Legislative Committee update.
The Legislative Committee members have been very active over the past several months, have met weekly and continue to monitor numerous bills covering a variety of subject matter areas impacting our clients. As the first part of the 2024 legislative session has ended, we wanted to give you an update of some of the highlights and the Legislative Committee’s activities during the current legislative session.
Executive SummaryThere are budget constraints, but the legislative session focused on providing healthcare for the most vulnerable and making healthcare more accessible through substantial insurance reforms.
Budget ImpactsPersonal needs allowance for residents of Supportive Living Facilities will increase from $90 to $120.
The caregiver rate for direct care providers for DD waivers increased by $1 per hour.
SB 3421 (Sen. Gillespie): Power of Attorney—NAELA drafted, negotiated and passed.Over the course of 18 months our lobbyists and committee members negotiated with banks (credit unions, large and community banks) to find common ground and pass an agreed bill. The bill is intended to assist bank employees and protect POAs by giving clear grounds for rejecting or accepting a POA.
Amends the Illinois Power of Attorney Act. Makes it unlawful for a third party to unreasonably refuse to honor a statutory short form power of attorney properly executed in accordance with the laws in effect at the time of its execution. Provides that it is unreasonable for a third party to refuse to honor a statutory short form power of attorney properly executed in accordance with the laws in effect at the time of its execution, if the only reason for the refusal is any of the following: (1) the power of attorney is not on a form the third party receiving such power prescribes regardless of any form the terms of any account agreement between the account holder and third party requires; (2) there has been a lapse of time since the execution of the power of attorney; (3) on the face of the statutory short form power of attorney, there is a lapse of time between the date of acknowledgment of the signature of the principal and the date of the acceptance by the agent; (4) the document provided does not bear an original signature, original witness, or original notarization but is accompanied by an attorney-certified copy; or (5) the document appoints an entity as the agent. Senate Committee Amendment No. 2: Replaces everything after the enacting clause with the following. Amends the Illinois Power of Attorney Act. Provides that it is unreasonable for a third party to refuse to honor an Illinois statutory short form power of attorney properly executed in accordance with the laws.
SB 2758- Senator Karina Villa- Marriage under Guardianship- The Guardianship and Advocacy Commission is behind this bill and the goal of this bill is to make it easier for persons under guardianship to marry. GAC rationale for pushing this bill is their contention that the In Re: The Estate of John McDonald, case established new law for persons under guardianship. GAC was contending that as long as a guardian had remedies to invalidate or dissolve a marriage, the court should not need to grant permission prior to the marriage. We had several meetings with both GAC and Senator Villa and other stakeholders regarding this bill and raised multiple concerns including the impact of marriage on public benefits, the impact on estate planning and potential financial exploitation. In addition, we presented alternative language that was rejected by both GAC and Senator Villa. The bill was called for a hearing on March 21 and Melissa Johnson testified in opposition to the bill on behalf of ILNAELA. We helped stop the bill in the Senate. We expect this issue to come back in 2025 and expect to be engaging with stakeholders prior to the session beginning next year.
Probate-Marriage of WardBill up for consideration • Senate JudiciaryMar 20, 2024 04:00pm409 Capitol Springfield, ILSenate Calendar: Regular Session Senate Calendar on 03/20/2024Position: 67Amends the Probate Act of 1975. Allows a ward in guardianship to marry if the ward understands the nature, effect, duties, and obligations of marriage. Provides that prior consent of the guardian of the person or estate or approval of the court is not required for the ward to enter into a marriage. Provides that a guardian may contest the validity of a marriage under the Illinois Marriage and Dissolution of Marriage Act. Statutes affected:Introduced: 755 ILCS 5/11
HB 4444 (Rep. Ness). Marriage of WardInitiative of Rep. Ness in response to an older adult with dementia who was taken advantage of through a marriage he could not consent to. He passed away before the family could intervene.
Lobbyists and NAELA Legislative Committee members engaged with Rep. Ness and support this approach. Will continue working with sponsor over summer/fall to assist in these efforts.
Requires the form for an application for a marriage license to include whether either party is under a court-ordered guardianship in any State in the United States. Provides that a county clerk shall issue a license to marry and a marriage certificate form, among other requirements, upon being furnished satisfactory proof that neither party to the marriage is under a court-ordered guardianship, or that if at least one party is under a court-ordered guardianship, there has been a judicial determination that the marriage is in the best interests of the person or persons under court-ordered guardianship. Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Requires the court, when determining whether a marriage is in the best interests of a ward, to follow (rather than consider) specified standards. Provides that if a best interests hearing is not held before a judicial officer prior to a ward entering into marriage, then the marriage is without legal effect and void ab initio.
SB 2663 (Senator Feigenholz) and HB 4275 (Rep. LaPointe) -SDM Bill- This is another bill initiated by the IGAC. This bill would expand Supported Decision-Making agreements to populations beyond individuals with intellectual or developmental disabilities. In addition, the original version of this bill would amend the Health Care Surrogate Act to allow the supporter to be as the surrogate decision-maker. Since the initial SDM bill was passed two years ago, there is really no data to ascertain if these agreements really work. Unlike several other states, Illinois does not have any pilot projects in the works where training professionals would be able to assist both principals and supporters with SDM agreements. Our lobbyists worked with Senate and House legal staff as well as the sponsors to detail the problems with the bill. We also have participated in multiple meetings with GAC as the bill was very confusing. Through our efforts, the bills were not called for a vote. We expect this issue to resurface in 2025 and to be part of discussions prior to the next legislative session.
Supported Decision-MakingAmends the Probate Act of 1975. Provides that upon the filing of a petition by a reputable person or by the alleged person with a disability himself or on its own motion, the court may adjudge a person to be a person with a disability, but only if it has been demonstrated by clear and convincing evidence that the person is a person with a disability and the person cannot be supported through a supported decision-making agreement. Provides that at the time of the appointment of a guardian the court shall inform the ward of his right to petition for termination of an adjudication of disability using a supported decision-making agreement. Makes other changes. Amends the Supported Decision-Making Agreement Act. Changes the definition of "principal" to mean an adult (rather than an adult with intellectual or developmental disabilities) who seeks to enter, or has entered, into a supported decision-making agreement with a supporter. Allows a principal to elect to nominate the supporter as the principal's health care surrogate and may act as the principal's health care surrogate when the standards set forth in the Health Care Surrogate Act have been met. Makes conforming changes. Amends the Health Care Surrogate Act. Provides that a supporter designated under a supported decision-making agreement has second priority to make decisions on behalf of a patient. Statutes affected:
Introduced: 755 ILCS 5/11, 755 ILCS 9/5, 755 ILCS 9/10, 755 ILCS 9/45, 755 ILCS 9/50, 755 ILCS 40/25
HB 4884 (Rep. Costa Howard): Guardianship guardrailsLobbyists and NAELA legislative committee members engaged on improving the introduced bill and attending all meetings and hearings on the bill. More work is ongoing and expect this bill to be filed in 2025 with changes.
Amends the Probate Act of 1975. Provides that if guardianship is necessary and the petition for guardianship is filed by a person, corporation, nonprofit organization, or other entity with no legally recognized relationship to the alleged person with a disability, the court shall appoint the county public guardian as temporary and permanent guardians.
SB 3723 (Sen. Lightford)/HB 5012 (LaPointe) replaced by HB 5151 (Rep. Stava Murray-Sen. Lightford)This bill would add a considerable number of protections for nursing home residents in a variety of situations including involuntary discharges and refusals for readmission.
NAELA strongly supports this bill as it would be very beneficial to nursing home residents.
Amends the Assisted Living and Shared Housing Act. Provides that the assessment conducted upon the identification of a significant change in the resident's condition shall include, but shall not be limited to, a diagnosis of Alzheimer's disease or a related dementia. Provides that a written service plan shall be based upon the assessment, the resident's interests and preferences, dislikes, and any known triggers for behavior that endangers the resident or others (rather than only the assessment). Requires the resident and the resident's representative to be given a copy of the most recent assessment, a supplemental assessment, and a service plan. Requires an establishment to notify the resident and the resident's representative when there is a significant change in the resident's condition that affects the establishment's ability to meet the resident's needs. Prohibits an establishment from terminating or reducing any service without the consent of the resident or the resident's representative for the purpose of making it more difficult or impossible for the resident to remain in the establishment. Provides that an establishment may not initiate a termination of residency due to an emergency situation if the establishment is able to safely care for the resident and (1) the resident has been hospitalized and the resident's physician, the establishment's manager, and the establishment's director of nursing state that returning to the establishment would not create an imminent danger of death or serious physical harm to the resident; or (2) the emergency can be negated by changes in activities, health care, personal care, or available rooming accommodations, consistent with the license and services of the establishment. Provides that a resident has the right to not be unlawfully transferred or discharged. Makes other changes. Amends the Nursing Home Care Act. Prohibits a resident from being transferred or discharged in violation of the Act. Provides that a resident has the right not to be unlawfully transferred or discharged. Provides that a facility that fails to comply with an order to readmit a resident who wishes to return to the facility and is appropriate for that level of care and services provided, shall be assessed a $2,500 fine. Requires a facility that complies with an order to readmit a resident that has been deemed to have been unlawfully discharged to notify the Department of Public Health within 10 business days that the resident has been readmitted to the facility. Provides that a facility may involuntarily transfer or discharge a resident because the facility is unable to meet the medical needs of the resident, as documented in the resident's clinical record by the resident's physician for medical reasons. Provides that the Department maintains jurisdiction over the transfer or discharge irrespective of the timing of the notice and discharge. Provides that if the Department determines that a transfer or discharge is not authorized, then the Department shall issue a written decision stating that the transfer or discharge is denied.
SB 3499 (Sen. Holmes): End of life optionsNAELA members are engaged in a larger coalition seeking to finalize language that is passable. The bill may be called in late 2024 or in 2025 session. ILNAELA has not taken a position on this bill and has been monitoring the progress.
SB 3513 (Sen. Rose): Notary exam exemption for attorneys/judgesNAELA supported by witness slips and lobbying.
Provides that an applicant to renew an appointment as a notary public or as an electronic notary public is not required to complete a course of study or pass an examination if the applicant is a licensed attorney or judge or employed by a licensed attorney or the court.
The members of the 2023 general assembly passed over 500 bills. The NAELA team tracked just shy of 60 bills and where actively engaged in drafting, targeting policy concerns, revising language and coalition building for various pieces of legislation. NAELA also introduced power of attorney legislation providing that no person in the state shall refuse without reasonable cause a statutory short form power of attorney which is properly executed. Despite having a strong sponsor, this legislation had strong opposition so the team will continue to work on this initiative this upcoming legislative session.
2023 ELDER LAW PUBLIC ACTS THAT ARE NOW IN EFFECT:
Budget Bill - Public Act 103-0006
Effective Immediately - Articles 1-21, Articles 125-127, and Articles 151-161
Effect July 1, 2023 - Articles 22-124, Articles 128-150, and Articles 162-998.
LONG TERM CARE OMBUDSMAN INFO - Public Act . . . . . . . . . 103-0119
IDPH-MEDICAID FEES - Public Act . . . . . . . . . 103-0127
DISTRESSED FACILITY CRITERIA - Public Act . . . . . . . . . 103-0139
Able Account Program: Public Act . . . . . . . . . 103-0256
NURSING HOMES-DIRECTORY: Public Act . . . . . . . . . 103-0102
POWER OF ATTY-VISITATION: Public Act . . . . . . . . . 103-0055
GUARDIANSHIP-DEMENTIA TRAINING: Public Act . . . . . . . . . 103-0064
BILLS PENDING GOVERNOR SIGNATURE:
Note that any bill that is not signed or vetoed by the Governor within 60 calendar days after it is presented to him shall become law.
Bill
Title/ Summary
Bill Status
IL 103rd HB 2858
ADULT PROTECTIVE SERVICES
Amends the Adult Protective Services Act. Excludes from the definition of "mandated reporter" the State Long Term Care Ombudsman and the Ombudsman's representatives or volunteers when such persons are prohibited from making a report under a federal regulation.Statutes affected: Introduced: 320 ILCS 20/2Engrossed: 320 ILCS 20/2 Enrolled: 20 ILCS 105/4, 320 ILCS 20/2, 320 ILCS 20/4, 320 ILCS 20/5, 320 ILCS 20/8
House • Jun 22, 2023: Sent to the Governor
IL 103rd HB 1268
PROBATE-EXECUTOR
Amends the Probate Act of 1975. Provides that a person who has been convicted of a felony is qualified to act as an executor if: (i) the testator names that person as an executor and expressly acknowledges in the will that the testator is aware that the person has been convicted of a felony; and (ii) the person is otherwise qualified to act as an executor.Statutes affected: Introduced: 755 ILCS 5/6Engrossed: 755 ILCS 5/6 Enrolled: 755 ILCS 5/6
House • Jun 16, 2023: Sent to the Governor
IL 103rd HB 1367
CREMATORY REGULATION-REMAINS
Amends the Crematory Regulation Act. Provides that a "temporary container" is, among other things, a single container of sufficient size to hold cremated remains only until an urn is acquired. Provides that a funeral director (rather than a crematory authority or authorizing agent) has responsibilities specified throughout the Act. Provides that a crematory authority shall not cremate human remains until it has received, among other things, the name of the funeral establishment or cemetery (rather than the person) authorized to receive the cremated remains from the crematory authority and the manner in which final disposition of the cremated remains is to take place, whether it be burial, entombment, or inurnment in a cemetery. Provides that cremated remains must (rather than may) be disposed of by placing them in a grave, crypt, or niche in a designated cemetery. Removes language authorizing a crematory authority to dispose of cremated remains in a specified manner if the authorizing agent has not, within 60 days following the date of the cremation, instructed the crematory authority to arrange for the final disposition of the remains or claimed the remains. Removes language allowing for the disposal of cremated remains commingled with those of another person when scattering cremated remains at sea, by air, or in an area located in a dedicated cemetery and used exclusively for those purposes. Provides that an authorizing agent has the right to request and retain up to 8 ounc...
IL 103rd SB 195
PROBATE-GUARDIAN APPOINTMENT
Amends the Probate Act of 1975. Provides that no petition for the appointment of a guardian of a minor shall be filed if the primary purpose of the filing is to reduce the financial resources available to the minor in order to cause the minor to qualify for public or private financial assistance from an educational institution. Allows the court to deny such a petition if it finds that the primary purpose of the filing is to enable the minor to declare financial independence so that the minor may obtain public or private financial assistance from an educational institution or a State or federal student financial aid program.Statutes affected: Introduced: 755 ILCS 5/11Engrossed: 755 ILCS 5/11 Enrolled: 755 ILCS 5/11, 815 ILCS 616/10, 815 ILCS 616/15, 815 ILCS 616/20, 815 ILCS 616/25, 815 ILCS 616/30, 815 ILCS 616/40, 815 ILCS 616/90
Senate • Jun 16, 2023: Sent to the Governor
IL 103rd SB 1497
NURSING HOMES-RESIDENT CONSENT
Amends the Nursing Home Care Act. Provides that "emergency" means a situation, physical condition, or one or more practices, methods, or operations that present imminent danger of death or serious physical or mental harm to residents of a facility and that are clinically documented in the resident's medical record (rather than only a situation, physical condition or one or more practices, methods or operations that present imminent danger of death or serious physical or mental harm to residents of a facility). Requires the need for positioning devices to be demonstrated and documented in the resident's care plan. Requires that assessment to be revisited in every comprehensive assessment of the resident. Provides that psychotropic medication shall be administered to a resident only if clinical documentation in the resident's medical record supports the benefit of the psychotropic medication over contraindications related to other prescribed medications and supports the diagnosis of the resident. Provides that, notwithstanding any other provision of law, if a resident is in a state of emergency, the emergency shall be clinically documented in the resident's medical record.Statutes affected: Introduced: 210 ILCS 45/1, 210 ILCS 45/2, 210 ILCS 45/3Engrossed: 210 ILCS 45/1, 210 ILCS 45/2 Enrolled: 210 ILCS 45/1, 210 ILCS 45/2
IL 103rd HB 2269
ELECTRONIC NONTEST ESTATE DOCS
Amends the Electronic Wills and Remote Witnesses Act. Changes the short title of the Act to the Electronic Wills, Electronic Estate Planning Documents, and Remote Witnesses Act. Defines "electronic", "information", "nontestamentary estate planning document", "person", "record", "security procedure", "settlor", "sign", "state", "terms of trust", "trust instrument", and "will". Creates the Electronic Nontestamentary Estate Planning Documents Article. Sets forth provisions related to: construction; scope; principles of law and equity; use of an electronic record or signature; recognition of an electronic nontestamentary estate planning document and electronic signature; attribution and effect of an electronic record and electronic signature; notarization and acknowledgment; witnessing and attestation; retention of an electronic record; certification of a paper copy; admissibility in evidence; relation to the Electronic Signatures in Global and National Commerce Act; application; and severability. Makes conforming changes in the Probate Act of 1975. Effective January 1, 2024.Statutes affected: Introduced: 755 ILCS 5/1, 755 ILCS 5/8, 755 ILCS 6/1, 755 ILCS 6/11Engrossed: 755 ILCS 5/1, 755 ILCS 5/8, 755 ILCS 6/1, 755 ILCS 6/11 Enrolled: 755 ILCS 5/1, 755 ILCS 5/8, 755 ILCS 6/1, 755 ILCS 6/11
House • Jun 15, 2023: Sent to the Governor
IL 103rd HB 2100
CRIM CD-ELDER ABUSE-EXPLOIT
Amends the Criminal Code of 2012. In the statute concerning abuse or criminal neglect of a long term care facility resident, changes references to "an elderly person's or person with a disability's life" to references to "a resident's life". In the statute concerning financial exploitation of an elderly person or a person with a disability, provides that a person who violates the provisions is guilty of a Class 1 felony if the elderly person is 70 years of age or older (instead of "over 70 years of age") and the value of the property is $15,000 or more.Statutes affected: Introduced: 720 ILCS 5/12, 720 ILCS 5/17, 720 ILCS 5/16Engrossed: 720 ILCS 5/12, 720 ILCS 5/17, 720 ILCS 5/16 Enrolled: 720 ILCS 5/12, 720 ILCS 5/17, 720 ILCS 5/16
House • Jun 09, 2023: Sent to the Governor
IL 103rd SB 2123
COUNSELING COMPACT
Creates the Counseling Compact Act. Provides that the State of Illinois enters into the Counseling Compact. Specifies that the Compact's purpose is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. Sets out provisions concerning the privilege to practice, obtaining a new home state license, active duty military personnel, telehealth, adverse actions, Counseling Compact Commission, data systems, rulemaking, oversight, dispute resolution, and enforcement. Contains other provisions concerning the Commission, the Compact, and the procedures governing participating in and construction of the Compact. Amends the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Requires the Professional Counselor Licensing and Disciplinary Board to submit a report to the General Assembly with recommendations of any statutory changes and budgetary changes needed to comply with the requirements of the Counseling Compact. Requires the Board and Department of Financial and Professional Regulation to modify, if needed, Board and Department rules to comply with the requirements of the Counseling Compact. Provides that the changes to the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act are effective immediately.Statutes affected: Introduced: 225 ILCS 107/12Engrossed: 225 ILCS 107/12 Enrolled: 5 ILCS 20/2, 5 ILCS 20/4, 10 ILCS 5/1, 10 I...
Senate • Jun 07, 2023: Sent to the Governor
SB 3132 - DHS-HOME SERVICES PROGRAM – NAELA MONITORED
Legislative Champion: Sen. Laura Fine (D) / Rep. Kelly Cassidy (D)
Status: Passed Both Houses, pending Governor’s signature
Legislation Synopsis: Amends the Rehabilitation of Persons with Disabilities Act. In provisions concerning the Department of Human Services' Home Services Program, provides that subject to federal approval the Department shall allow a recipient's spouse to serve as his or her provider of personal care or similar services. Effective immediately. Statutes affected: Introduced: 20 ILCS 2405/3Engrossed: 20 ILCS 2405/3, Enrolled: 20 ILCS 2405/3
Effective: Immediately
Public Act 102-0826
HB 4366 - GUARDIAN APPOINTMENT-TRAINING- NAELA MONITORED
Legislative Champion: Rep. William Davis (D) / Sen. Don Harmon (D)
Legislation Synopsis: Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Removes a provision that exempts a guardian of the person appointed in a county with a population of more than 3,000,000 from completing a training program created under the Guardianship and Advocacy Act.Statutes affected: Introduced: 755 ILCS 5/11Engrossed: 755 ILCS 5/11, Enrolled: 755 ILCS 5/11
Effective: January 1, 2023
Public Act 102-0770
SB 702 - SR HOUSING RESIDENTS COUNCIL – NAELA MONITORED
Legislative Champion: Sen. Mike Simmons (D) / Rep. Chris Welch (D)
Legislation Synopsis: Amends the Senior Citizens Real Estate Tax Deferral Act. Makes a technical change in a Section concerning the short title.Statutes affected: Introduced: 320 ILCS 30/1Engrossed: 20 ILCS 105/4, Enrolled: 20 ILCS 105/4
Effective: Upon Becoming Law
Public Act 102-0986
SB 1041- DHFS-REPORT-HEALTHCHOICE IL – NAELA MONITORED
Legislative Champion: Sen. Napolean Harris (D) / Rep. Chris Welch (D)
Status: Passed Both Houses, pending Governor’s Signature
Legislation Synopsis: Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning supportive living facilities. Statutes affected: Introduced: 305 ILCS 5/5Engrossed: 305 ILCS 5/5
SB 1405 - MEDICAL PATIENT RTS-VISITATION – NAELA MONITERED
Legislative Champion: Sen. Dan McConchie (R) / Rep. Chris Bos (R)
Bill aims to protect residents from visitation restrictions in the event of another disaster proclamation.
Legislation Synopsis: Authorizes a skilled nursing home, extended care facility, or intermediate care facility to prohibit an individual from visiting a resident or patient of the nursing home or facility if specific facts demonstrate that the individual would endanger his or her physical health or safety or the health or safety of a resident, patient, or health care worker of the nursing home or facility. Requires such a denial to be in writing and provided to the individual and the resident or patient with whom the individual was denied visitation. Requires each skilled nursing home, extended care facility, and intermediate care facility to inform each resident of the nursing home or facility (or that individual's representative) of the resident's visitation rights and the facility's visitation-related policies and procedures. Specifies that these nursing homes and facilities must not restrict, limit, or otherwise deny visitation privileges on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation, or disability. Requires the nursing homes and facilities to ensure that all visitors enjoy full and equal visitation privileges, consistent with the residents' preferences
Public Act 102-0989
SB 1975 - PROP TX-HOMESTED-DISABILITIES – NAELA MONITORED
Legislative Champion: Sen. Robert R. Martwick (D) / Rep. Michelle Mussman (D)
This bill makes it easier for older adults and people with disabilities in Cook County to receive and maintain property tax benefits by providing for automatic annual renewal of the Persons with Disabilities Exemption and streamlines benefits for low-income seniors.
Legislation Synopsis: Amends the Property Tax Code. Provides that the chief county assessment officer in a county of more than 3,000,000 residents, and in any other county where the county board has authorized such action by ordinance or resolution, may automatically renew the homestead exemption for persons with disabilities without application for any person who applied for the exemption and presented a Disability Identification Card stating that the claimant is under a Class 2 disability.Statutes affected: Introduced: 35 ILCS 200/15Engrossed: 35 ILCS 200/15, Enrolled: 20 ILCS 2505/2505, 35 ILCS 200/9, 35 ILCS 200/15, 35 ILCS 200/18, 105 ILCS 5/17, 320 ILCS 30/3
Public Act 102-0895
SB 3007 - SOS-DRIVERS OMNIBUS – NAELA MONITORED
Legislative Champion: Sen. Ram Vilivalam / Rep. Michael Kelly (D)
The bill provided requirements concerning probate court notification to the secretary of State in limited and plenary guardianship cases.
Legislation Synopsis: Amends the Illinois Vehicle Code. Provides that the Secretary of State is authorized to suspend or revoke the driving privileges of any person without a preliminary hearing upon a showing of the person's records or other sufficient evidence that the person has committed an out-of-State offense similar to the Illinois prohibition on the unlawful use of a license, has possessed cannabis while under 21 years of age, or has provided false information about his or her age to a cannabis establishment. Provides that driver rehabilitation specialists or programs are permitted to give driving instruction without being issued a license, except when the client of the specialist or program has never held a driver's license. Changes the implementation date concerning changes to the Secretary of State's requirements regarding the posting of certain information to the Commercial Driver's License Information System from June 22, 2021 to June 23, 2025. Provides that an individual shall be disqualified from operating a commercial motor vehicle for life if that individual uses a commercial motor vehicle in the commission of a felony involving an act or practice of severe forms of human trafficking. Amends the Probate Act of 1975. Provides requirements concerning probate court notifications to the Secretary of State in limited and plenary guardianship cases. Statutes affected: Introduced: 625 ILCS 5/6, 755 ILCS 5/11Engrossed: 625 ILCS 5/6, 755 ILCS 5/11 Enrolled: 625 ILCS 5/6, 755 ILCS 5/11
Public Act 102-0749
SB 3174 - RUUPA-PROP AMOUNT-AFFIDAVIT – NAELA MONITORED
Legislative Champion: Sen. Sara Feigenholtz (D) / Rep. Stephanie Kifowit
Legislation Synopsis: Amends the Revised Uniform Unclaimed Property Act. Allows the administrator to deliver property or pay the amount owing to a person without the person filing a claim if the value of the property that is owed the person is $5,000 (rather than $2,000) or less. Allows the administrator to waive a specific requirement and pay or deliver property directly to a person if the property has a value of less than $2,000 (rather than $500). Allows an heir or agent who files an unclaimed property claim in which the decedent's property does not exceed $250 (rather than $100) to submit an affidavit attesting to the heir's or agent's capacity to claim in lieu of submitting a certified copy of the will to verify a claim. Provides that an affidavit is not required to include a copy of the decedent's death certificate if other evidence of the death of the owner is available. Makes conforming changes. Effective immediately. Statutes affected: Introduced: 765 ILCS 1026/15Engrossed: 765 ILCS 1026/15, Enrolled: 765 ILCS 1026/15
Public Act 102-0835
Due to the lasting effects of the pandemic and this year being an election year, the session was shortened, beginning on January 4, 2022, and ending on the morning of April 9, 2022. In this short session, the legislature passed a balanced budget which was signed by the governor on April, 19,2020, increased the state’s fiscal stability, expanded healthcare access and affordability, invested in significant increases in equity, violence prevention, education, and public safety.
NAELA and the Lobbyist team followed over 70 bills which had the potential of affecting elder law practice, helping seniors, or affecting them. Of those 70 bills, NAELA board members and lobbyists helped draft, offered elder attorney expert analysis, expressed support, and monitored the following 14 pieces of legislation. These 14 bills have passed both the house and the senate and are pending to be signed by the governor.
LEGISLATION
HB 4343 -DHFS-ESTATE RECOVERY WAIVERS – NAELA SUPPORTED
Legislative Champion: Rep. Greg Harris (D) / Sen. Ann Gillespie (D)
Status: Passed Both Houses, pending governor’s signature
This bill was amended during session to be the Medicaid Omnibus bill which the Medicaid working group puts together every year. This bill included the Community Spouse language that NAELA board members and the lobbying team helped draft and introduce.
Community Spouse Legislation Synopsis: Subject to federal approval, beginning January 1, 2023, the community spouse resource allowance shall be established and maintained as follows: a base amount of $109,560 plus an additional amount of $2,784 added to the base amount each year for a period of 10 years commencing with calendar year 2024 through calendar year 2034. In addition to the base amount and the additional amount shall be any increase each year from the prior year to the maximum resource allowance permitted under Section 1924(f)(2)(A)(ii)(II) of the Social Security Act. Subject to federal approval, beginning January 1, 2023 the community spouse resource allowance shall be established and maintained at the maximum amount permitted under Section 1924(f)(2)(A)(ii)(II) of the Social Security Act, as now or hereafter amended, or an amount set after a fair hearing. Subject to federal approval, beginning January 1, 2023 the community spouse resource allowance shall be established and maintained at the higher of $109,560 or the minimum level permitted pursuant to Section 1924(f)(2) of the Social Security Act, as now or hereafter amended, or an amount set after a fair hearing, whichever is greater The monthly maintenance allowance for the community spouse shall be established and maintained at the maximum amount higher of 2,739 per month or the minimum level permitted pursuant to Section 1924(d)(3)(C) of the Social Security Act, as now or hereafter amended, or an amount set after a fair hearing, whichever is greater. Subject to the approval of the Secretary of the United States Department of Health and Human Services, the provisions of this Section shall be extended to persons who but for the provision of home or community-based services under Section 4.02 of the Illinois Act on the Aging, would require the level of care provided in an institution, as is provided for in federal law.
Effective Date: January 1, 2023
Public Act 102-1037
HB 4979 - PREPAID FUNERAL/BURIAL – NAELA SUPPORTED
Legislative Champion: Rep. Natalie Manley (D) / Sen. John Connor (D)
NAELA members and lobbyist worked with various stakeholders. They provided analysis and worked on drafting the legislation which allows the owner of a whole life insurance policy, when obtaining favorable consideration for Medicaid to make an irrevocable assignment of all or a part of his or her rights under the policy to a funeral home in accordance with a specified provision of the Illinois Funeral or Burial Funds Act.
Legislation Synopsis: Amends the Illinois Insurance Code. Provides that an insured or any other person who may be the owner of rights under a policy of life insurance may make an irrevocable assignment of all or a part of his or her rights under the policy to a funeral home in accordance with a specified provision of the Illinois Funeral or Burial Funds Act. Provides that a policy owner who executes a designation beneficiary form irrevocably waives and cannot exercise certain rights. Amends the Illinois Funeral or Burial Funds Act. In a provision concerning pre-need contracts funded through the purchase of a life insurance policy or tax-deferred annuity contract, provides that nothing shall prohibit the purchaser from irrevocably assigning ownership of the policy or annuity to a person or trust or from irrevocably assigning the benefits of the policy or annuity to a funeral home for the purpose of obtaining favorable consideration for Medicaid, Supplemental Security Income, or another public assistance program. Requires the insured or any other person who may be the owner of rights under the policy of whole life insurance to sign a guaranteed pre-need contract with the provider that describes the cost of the goods and services to be provided upon the person's death, up to $6,774, except that any portion of a contract that clearly represents the purchase of burial space is exempt regardless of value. Amends the Aid to the Aged, Blind or Disabled Article of the Illinois Public Aid Code. In a provision requiring the Department of Human Services to exempt certain prepaid funeral or burial contracts from consideration when making an eligibility determination for medical assistance, provides that at any time after submitting an application for medical assistance and before the Department makes a final determination of eligibility, an applicant may use available resources to purchase one of the exempted prepaid funeral or burial contracts. Exempts up to $6,774 (rather than $5,874) in funds under an irrevocable prepaid funeral or burial contract when determining an individual's resources and eligibility for medical assistance. Contains provisions concerning exemptions; irrevocable designation of beneficiary forms; and other matters.
Effective Date: Immediately
Public Act 102-0959
HB 5047 - POWER OF ATTORNEY-SHORT FORM – NAELA SUPPORTED
Legislative Champion: Rep. Jennifer Gong-Gershowitz (D) / Sen. Laura Fine (D)
NAELA board members and lobbyist provided the sponsor of the bill insightful analysis as to the possible effects of the legislation and expressed support.
Legislation Synopsis: Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to post on its website information regarding the physical or electronic possession of a statutory short form power of attorney for health care. Requires the Department to create an information campaign regarding the changes made by the amendatory Act. Amends the Powers Of Attorney For Health Care Article of the Illinois Power of Attorney Act. Changes the statutory short form power of attorney for health care to include the option to present the form electronically as proof of agency. Provides that, if the principal has authorized the agent to present the statutory short form electronically, an attending physician, emergency medical services personnel, or health care provider shall not refuse to give effect to a health care agency if the agent presents an electronic device displaying an electronic copy of an executed form as proof of the health care agency. Requires any person or entity that provides a statutory short form to the public to post information on its website regarding the changes made by the amendatory Act for a period of 2 years. Makes conforming changes.Statutes affected: Introduced: 20 ILCS 2310/2310, 755 ILCS 45/4Engrossed: 20 ILCS 2310/2310, 755 ILCS 45/4 Enrolled: 755 ILCS 45/4
Public Act 102-0794
HJR 23 - IL ABLE PROGRAM-SUPPORT – NAELA SUPPORTED
Legislative Champion: Francis Ann Hurley (D) / Sen. Laura Fine (D)
NAELA board members and Lobbyist expressed support.
Legislation Synopsis:Encourages State agencies and departments to continue their efforts to train staff and share information about Illinois ABLE to the beneficiaries they serve.
SB 1633 - NURSING HOMES-RESIDENT RIGHTS – NAELA SUPPORTED
Legislative Champion: Sen. Karina Villa (D) / Rep. Joyce Mason (D)
NAELA board members and Lobbyist expressed Support.
Legislation Synopsis: Amends the Nursing Home Care Act. Provides that residents shall have the right to be treated with courtesy and respect for their individuality by employees or persons providing medical services or care, and shall have their human and civil rights maintained in all aspects of medical care. Provides that all applicable rights under the Medical Patient Rights Act apply to residents under the Act. Provides that residents shall not perform labor or services for a facility unless those activities are included for therapeutic purposes and appropriately goal-related in the resident's individual medical record. Provides that every acute care inpatient facility, community-based residential program, and facility employing more than 2 people that provide outpatient mental health services shall have a written internal grievance procedure that, at a minimum: (1) sets forth the process to be followed; (2) specifies time limits, including time limits for facility response; (3) provides for the patient to have the assistance of an advocate; (4) requires a written response to written grievances; and (5) provides for a timely decision by an impartial decision maker if the grievance is not otherwise resolved. Makes other changes.Statutes affected: Introduced: 210 ILCS 45/2Engrossed: 210 ILCS 45/2, 210 ILCS 45/3 Enrolled: 210 ILCS 45/2, 210 ILCS 45/3
Public Act 102-1080
SB 3786 - STATE TREASURER-ABLE ACCOUNTS – NAELA SUPPORTED
Legislative Champion: Sen. Laura Ellman (D) / Rep. Dagmara Avelar (D)
Legislation Synopsis: Amends the State Treasurer Act. In provisions concerning the ABLE account program, provides that a "designated representative" means a person or entity (currently, person only) who is authorized to act on behalf of a "designated beneficiary". Provides that a designated representative must provide certification, subject to penalties of perjury, of the basis for the person's authority to act as a designated representative and that there is no other person or entity with higher priority to establish the ABLE account. Removes provisions allowing the State Treasurer to recognize specified persons or entities as a designated representative without appointment by a court. Defines "Internal Revenue Code". Effective immediately. Statutes affected: Introduced: 15 ILCS 505/16Engrossed: 15 ILCS 505/16, Enrolled: 15 ILCS 505/16
Public Act 102-1024
A few bills of interest to Illinois NAELA have been signed into law since our last update, including:
HB 3849 SUPPORTED DECISION-MAKING ACT – Effective February 27, 2022. This purpose of this legislation is to recognize a less restrictive alternative to guardianship for adults with disabilities. It creates a “Supported Decision-Making Agreement.”
SB 2244 PROP TX SENIOR FREEZE – INCOME - Effective August 27, 2021. This legislation increases the income limitation to $65,000 for tax years 2022 through 2025.
SB 2137 NURSING HOMES – SOCIAL ISOLATION– Effective August 27, 2021. This legislation involves addressing social isolation in nursing homes by providing assistive and supportive technology devices to residents.
The Illinois Legislative Committee met with the Illinois Department of Healthcare and Family Services Medicaid Director Kelly Cunningham and key staff members last week and wanted to share with our members that HFS has submitted two new provider notices that address one of our major issues we discussed in our meeting.
Please see notices below:
1. HFS is updating the LTC Admission process to systematically load new admissions into the HFS payment system upon entry through the MEDI provider portal. This will affect admissions for individuals that have already been determined to be Medicaid eligible, as well as edits for other admissions. Specifics on the new processing have been posted to the following HFS webpage in a document titled, "Implementation of New Policy for Systematic Processing of LTC Admissions."
https://www2.illinois.gov/hfs/MedicalProviders/ltss/ltc/Pages/default.aspx
HFS has set up a Webex meeting to discuss the attached document with providers on Wednesday, August 25 from 1-3pm. Following is a link to the meeting: HFS Webex on New Admission Processing 8-25-21
HFS anticipates additional meetings to answer questions as providers begin to work with the system changes. In addition, a provider notice will be sent out on Monday, August 23 that summarizes the new processes. The dedicated email address for issues with the process is anticipated to be operational by Monday as well.
2. The Illinois Department of Healthcare and Family Services has posted a new Provider Notice regarding Implementation of New Policy for Systematic Processing of Long Term Care Admissions and Additional MEDI Edits. You may view the new Notice at the following link: Provider Notices | HFS (illinois.gov)
As promised by our legislative subcommittee, please find below a list, prepared by our lobbyists, of bills that have been signed into law during the spring legislative session that ended May 31, 2021 .
Also at the bottom of the list we mentioned several bills of interest that have not been signed into law.
As we may have mentioned before, the General Assembly has 30 days from the close of the spring legislative session to submit the bills to the Governor, or June 30, 2021.
The Governor then has 60 days upon receipt to sign the bills, or until August 30, 2021.
Here is what has been signed to date:
IL - SB701 ADULT PROTECTIVE SERVICES- Effective January 1, 2022. Amends the Adult Protective Services Act. Expands the scope of the Act to include reports of abandonment.
IL - SB80 PROBATE ACT-ADULT GUARDIANSHIP Effective January 1 of 2022. This legislation makes changes regarding temporary guardianship to align the entire state on best practices.
IL - SB100 MEDICAID SPEND DOWN Effective immediately. This legislation amends the Medical Assistance Article of the Illinois Public Aid Code and extends the amount of time applicants have to spend down to get on Medicaid to 6 consecutive months.
IL - HB1950 MEDICAID TECHNICAL ASSISTANCE Effective immediately. This legislation creates the Medicaid Technical Assistance Center Act. Requires the Department of Healthcare and Family Services to establish a Medicaid Technical Assistance Center (Center). Provides that the Center shall operate as a cross-system educational resource to strengthen the business infrastructure of health care provider organizations in Illinois to ultimately increase the capacity, access, health equity, and quality of Illinois' Medicaid managed care programs: HealthChoice Illinois and YouthCare. Requires the Center to be established within the Department's Office of Medicaid Innovation.
IL - SB2664 NOTARY-ELECTRONIC DOCUMENTS Effective July 1, 2021. This legislation amends the Illinois Notary Public Act providing requirements authorizing electronic and remote notarization and electronic notaries public. Effective on the later of: (1) January 1, 2022; or (2) the date on which the Secretary of State files with its Index Department a notice of its adoption of rules necessary to implement this Act. Some parts of the Act take effect on July 1, 2022.
IL - HB714 EVIDENCE-HEALTH CARE RECORDS Effective January 1, 2022. This legislation provides that a health care facility or health care practitioner shall provide one complete copy of a patient's record. Provides that the records may be provided for the purposes of supporting a claim for Aid to the Aged, Blind, or Disabled benefits.
IL - SB730 ELECTRONIC WILL/REMOTE WITNESS Effective July 26, 2021. This legislation provides for (1) the valid execution, attestation, self-proving, and probate of electronic wills, paper copies of electronic wills, and wills attested to by witnesses through audio-video communication; and (2) the valid execution, attestation, and witnessing of documents, other than wills, through audio-visual communication.
IL - HB55 PROBATE-REPORT Effective January 1 of 2022. Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Changes the definition of "developmental disability" to mean a disability that is attributable to an intellectual disability or a related condition. Defines "intellectual disability".
IL - HB158 HEALTH CARE & HUMAN SERVICES Effective April 27, 2021.
IL - HB263 PROBATE-TEMPORARY GUARDIAN Effective July 23, 2021. This legislation provides that a petition for the appointment of a temporary guardian for an alleged person with a disability shall be filed at the time of or subsequent to the filing of a petition for adjudication of disability and appointment of a guardian.
IL - HB282 STATE'S ATTORNEY-LEGAL OPINION- Effective July, 9. 2021. This legislation amends the State's Attorney Division of the Counties Code. Provides that, in a county with less than 2,000,000 inhabitants, the State's Attorney may give an opinion, without fee or reward, upon any question of law relating to a County Veterans Assistance Commission.
IL - HB357 MEDICAID-LONG-TERM CARE Effective January 1, 2022. This legislation amends the Medical Assistance Article of the Illinois Public Aid Code and provides that within 120 calendar days (rather than 45 calendar days) of receipt by a long-term care facility of required prescreening information, new admissions with associated admission documents shall be submitted through the Medical Electronic Data Interchange or the Recipient Eligibility Verification System or shall be submitted directly to the Department of Human Services using required admission forms.
IL - HB679 POWER OF ATTORNEY-REVOCATION Effective July 30 , 2021. Amends the Illinois Power of Attorney Act. Provides that a principal may elect a 30-day delayed revocation of the principal's health care agency
IL - HB842 PROBATE-GUARDIAN AD LITEM FEES- Effective January 1, 2022.
IL - SB109 HEALTH SURROGATE-POLST CHANGES Effective January 1, 2022. This legislation removes the requirement for a witness signature on the form.
IL - SB147 INS-MEDICARE OPEN ENROLLMENT- Effective January 1, 2022. This legislation provides that if an individual is at least 65 years of age but no more than 75 years of age and has an existing Medicare supplement policy, the individual is entitled to an annual open enrollment period lasting 45 days, commencing with the individual's birthday, and the individual may purchase any Medicare supplement policy with the same issuer that offers benefits equal to or lesser than those provided by the previous coverage.
IL -HB1795 ILLINOIS TRUST CODE – Effective January 1, 2022. This legislation clarifies certain definitions and the intent behind certain sections of the Illinois Trust Code and otherwise enhances coordination of the Illinois Trust Code and does not make substantive amendments to the Illinois Trust Code.
IL - SB47 PROPERTY TRANSFER ON DEATH (TODI) Effective January 1, 2022. Legislative Committee Member Leonard Berg was extensively involved in the drafting this legislation. Leonard had early on expressed reservations that he had about certain provisions of this legislation. The bill, as signed does not meet every provision that Leonard and others would've wished.
Legislative Committee Member Leonard Berg was extensively involved in drafting this legislation. Leonard had early on expressed reservations that he had about certain provisions of this legislation. The bill, as signed does not meet every provision that Leonard and others would've wished.
One point that Leonard wanted expressed to our membership, especially for some of our new practitioners who are just starting to draft Medicaid purposed estate planning documents, is to not be misled by certain language in the TODI bill. Specifically, Leonard's concern is found in new Section 66 of the TODI bill dealing with renunciation rights.
Please note the following language in the last sentence of Section 66 of the new statute:
“Notwithstanding the above foregoing, a surviving spouse does not have the right to renounce a transfer on death instrument that transfers the owner’s interest in real property to a trustee of a trust created under the owners will or otherwise that is for the sole benefit of the surviving spouse during his or her lifetime.”
Thus, from a Medicaid planning perspective, transfers of property upon the death of an owner to a non-testamentary trust will continue to be subject to potential Medicaid transfer penalties, however, Leonard wishes to point out that practitioners should not be misled by the “or otherwise” language that remains in Section 66 which may be a malpractice trap for some elder law/Medicaid practitioners who do not understand the distinction between:
A. assets left by a predeceasing spouse to a surviving spouse in a revocable living trust which can create ineligibility problems, versus
B. assets left by a predeceasing spouse to a surviving spouse in a testamentary trust found in this predeceasing spouse's will.
To summarize, do not be misled by the seemingly equivocal “or otherwise” language found in section 66, because for Medicaid planning purposes there are substantial distinctions between trusts created under the owner's will and trust that are not created under the owner's will.
Further, Leonard feels it is important for our members and practitioners to know the following about the TODI bill: with the TODI bill the beneficiary potentially takes the real estate subject to recorded liens (which is the present law), but now also subject to unsecured creditors if the probate and trust estate assets are not sufficient to pay those claims. Leonard's position was that the beneficiary who received the house was not liable for unsecured creditors of the decedent, but this new law changes that paradigm; where the house is the only asset and no lien was filed during the lifetime of the decedent the beneficiary might wait for the 2 year claim period to expire before taking title; but one huge caveat if this wait and see attitude is adopted, namely it may not be possible to get homeowners insurance during the period following death and the beneficiary assuming title.
Other Notes:
SUPPORTED DECISION-MAKING ACT
HB 3849 Not signed as of 8-10-21
ST TREASURER-ABLE ACCOUNT PROG
HB 1836 – identical to SB 539 Neither have been signed as of 8-10-21
USING EXISTING LIFE INSURANCE POLICIES FOR PREPAID BURIALS
HB 295 This passed the House without objection, but last minute objectors derailed the bill
We hope all is well and everybody is enjoying the summer,
Sincerely,
The Legislative Committee
IL - SB80 PROBATE ACT-ADULT GUARDIANSHIP
Effective January 1 of 2022, or upon its becoming a law, whichever is later
Primary Sponsor: Senator Jil Tracy (R)
Legislative Summary: Leonard Berg, Heather Voorn and Lobbyists worked with State Bar Association to clarify the amendments that this bill made to the Probate Act of 1975. Lobbyist and Leonard Berg worked to address the failure of the statute to mention that a corporate trustee can serve as limited guardian of the estate means that such an appointment is prohibited. This legislation makes changes regarding temporary guardianship to align the entire state on best practices.
IL - SB47 PROPERTY TRANSFER ON DEATH
Primary Sponsor: Senator Jason A. Barickman (R)
Legislative Summary: Leonard Berg and Lobbyist worked with State Bar Association, who drafted the bill that amends the Illinois Trust Code. Leonard and Lobbyist worked to clarify that the trustee of any trust can be designated the beneficiary under a TODI, including a trust, the terms of which are created under the TODI itself. Language drafted by Leonard was accepted and included in the bill. This legislation amends the Illinois Residential Real Property Transfer on Death Instrument Act. Renames the Act the "Real Property Transfer on Death Instrument Act". Changes the definitions of "owner" and "person". Defines "real property". Changes references to "residential real estate property" to references to "real property". Permits the transfer of real property by a transfer on death instrument to a trustee of a trust under certain circumstances even if the trust is subject to amendment, modification, revocation, or termination. Provides that a transfer on death instrument may not be admitted to probate as the will of the owner or as a codicil thereto.
Also note, the real estate is now subject to the claims of creditors if the probate estate and trust are insufficient to pay and a surviving spouse has the right to elect against the transfer unless the beneficiary is a trust created for the sole benefit of the surviving spouse – this can be any type of trust, but Medicaid practitioners must remember that only transfers to testamentary trusts are exempt for Medicaid purposes.
IL - SB100 MEDICAID SPEND DOWN
Effective immediately.
Primary Sponsor: Senator Ram Villivalam (D)
Legislative Summary: Lobbyist worked with the legislative sponsor to understand the intent of this bill and supported the change to extend the amount of time applicants have to spend down to get on Medicaid to 6 consecutive months. This legislation amends the Medical Assistance Article of the Illinois Public Aid Code.
IL - HB1950 MEDICAID TECHNICAL ASSISTANCE
Primary Sponsor: Representative Lamont J. Robinson, Jr. (D)
Legislative Summary: This exact language was included in the Healthcare pillar HB158 which was sent to the governor on April 2nd and is now a public act. NAELA members and Lobbyist monitored this legislation as a Black Caucus Pillar initiative. This legislation creates the Medicaid Technical Assistance Center Act. Requires the Department of Healthcare and Family Services to establish a Medicaid Technical Assistance Center (Center). Provides that the Center shall operate as a cross-system educational resource to strengthen the business infrastructure of health care provider organizations in Illinois to ultimately increase the capacity, access, health equity, and quality of Illinois' Medicaid managed care programs: HealthChoice Illinois and YouthCare. Requires the Center to be established within the Department's Office of Medicaid Innovation.
IL - SB2664 NOTARY-ELECTRONIC DOCUMENTS
Illinois Notary Public Act take effect July 1, 2022.
Primary Sponsor: Senator Linda Holmes (D)
Legislative Summary: This legislation was part of e-notary task force that shaped legislation spring 2020 and during COVID executive orders, the SOS brought this bill forward. Amy Delany provided NAELA member’s feedback and questions to the group in various meetings. The legislation Amends the Illinois Notary Public Act. Provides requirements concerning electronic notarization and electronic notaries public. Amends the Uniform Real Property Electronic Recording Act. Provides that a paper or tangible copy of an electronic document that a notary public has certified to be a true and correct copy satisfies specified recording requirements. Provides further requirements concerning the certification of electronic documents by notaries public. Defines terms. Makes conforming changes. Effective on the later of: (1) January 1, 2022; or (2) the date on which the Office of the Secretary of State files with the Index Department of the Office of the Secretary of State a notice that the Office of the Secretary of State has adopted the rules necessary for implementation; except that, the changes made to specified provisions of the Illinois Notary Public Act take effect July 1, 2022.
IL - HB1795 TRUST CODE-VARIOUS
Primary Sponsor: Representative Ann M. Williams (D)
Legislative Summary: Ben Neiburger, Leonard Berg and Lobbyist worked with committee members that drafted updated Trust Code provisions and worked with the Chicago Bar Association to ensure that statute cross references in the bill where correct. This legislation amends the Illinois Trust Code by making various technical changes. The following NAELA amendment was adopted: In the Mental Health and Developmental Disabilities Code and the Illinois Marriage and Dissolution of Marriage Act, makes additional changes to cross-references to the Illinois Trust Code. In the Illinois Marriage and Dissolution of Marriage Act, changes a reference to a "special needs trust" to a reference to a "trust for a beneficiary with a disability".
IL - HB3849 SUPPORTED DECISION-MAKING ACT –
Provides that the Act is effective 6 months after becoming law (rather than immediately).
Last Action: Passed Both Houses (May 31, 2021)
Primary Sponsor: Representative Lindsey LaPointe (D)
Legislative Summary: Dawn Weekly and Lobbyist worked with the Guardianship office that brought this bill forward to ensure that the language in the bill addressed the DD population and continued to ensure that the language in the bill was precise as it continued to be amended. The legislation creates the Supported Decision-Making Agreement Act. Authorizes the creation of supported decision-making agreements and allows a supporter to assist a principal with an intellectual or developmental disability in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement. Provides that all adults are presumed to be capable of making decisions regarding daily living and to have capacity unless otherwise determined by a court. Provides that certain persons are disqualified from acting as a supporter.
IL - HB714 EVIDENCE-HEALTH CARE RECORDS
Primary Sponsor: Representative Jennifer Gong-Gershowitz (D)
Legislative Summary:Leonard Berg, Ben Neiburger, Wendy Cappelleto and Lobbyist worked with sponsor to draft language that expanded the aid that this bill aimed to give to the Aged, Blind and Disabled. This legislation provides that a health care facility or health care practitioner shall provide one complete copy (rather than complete copies) of a patient's record. Provides that the records may be provided for the purposes of supporting a claim for Aid to the Aged, Blind, or Disabled benefits.
IL - SB730 ELECTRONIC WILL/REMOTE WITNESS –
Primary Sponsor: Senator Rachelle Crowe (D)
Legislative Summary: Heather Voorn, Heidi Dodd and Lobbyist worked with ISBA over the summer and fall to give practitioner perspectives as well as suggest language. The bill had concerns in regard to implementation. Provides for (1) the valid execution, attestation, self-proving, and probate of electronic wills, paper copies of electronic wills, and wills attested to by witnesses through audio-video communication; and (2) the valid execution, attestation, and witnessing of documents, other than wills, through audio-visual communication
IL - SB109 HEALTH SURROGATE-POLST CHANGES
Primary Sponsor: Senator Sara Feigenholtz (D)
Legislative Summary: removes the requirement for a witness signature on the form. It authorizes recognition of the IDPH Uniform POLST form, National POLST form, other formally sanctioned forms created in the fashion of the National POLST Paradigm, or out-of-hospital DNR orders faithfully executed in other states. Makes other chambers.
IL - SB147 INS-MEDICARE OPEN ENROLLMENT- SUPPORT
Effective January 1, 2022.
Primary Sponsor: Senator Laura M. Murphy (D)
Legislative Summary: Amends the Illinois Insurance Code. Provides that, if an individual is at least 65 years of age but no more than 75 years of age and has an existing Medicare supplement policy, the individual is entitled to an annual open enrollment period lasting 45 days, commencing with the individual's birthday, and the individual may purchase any Medicare supplement policy with the same issuer that offers benefits equal to or lesser than those provided by the previous coverage.
IL - SB539 ST TREASURER-ABLE ACCOUNT PROG- SUPPORT
Primary Sponsor: Senator Ann Gillespie (D)
Legislative Summary: Amends the Illinois Governmental Ethics Act. Creates a uniform statement of economic interest form that must be completed by all persons who are required to file that form under the Act. Changes the nature of the required disclosures that must be made.
IL - SB701 ADULT PROTECTIVE SERVICES- MONITOR
Legislative Summary: Amends the Adult Protective Services Act. Expands the scope of the Act to include reports of abandonment.
IL - SB2137 NURSING HOMES-SOCIAL ISOLATION- MONITOR
Primary Sponsor: Senator Jacqueline Y. Collins (D)
Legislative Summary: Amends the Nursing Home Care Act. Provides that the Department of Public Health shall require each long-term care facility in the State, as a condition of facility licensure, to adopt and implement written policies, provide for the availability of technology to facility residents, and ensure that appropriate staff and other capabilities are in place to prevent the social isolation of facility residents. In provisions amending the Nursing Home Care Act, provides that the social isolation prevention policies adopted by each long-term care facility shall be consistent with the rights and privileges guaranteed to residents and constraints provided under specified provisions of the Nursing Home Care Act.
IL - SB2244 PROP TX-SENIOR FREEZE-INCOME- MONITOR
Legislative Summary: Replaces everything after the enacting clause. Amends the Senior Citizens Real Estate Tax Deferral Act. Provides that the income limitation under the Act is $65,000 for tax years 2022 through 2025 and $55,000 for tax year 2026 and thereafter (currently, $55,000). Provides that, for tax years 2022 through 2025, the total amount of any such deferral shall not exceed $7,500 per taxpayer in each tax year (currently, $5,000). Provides that, beginning again in tax year 2026, the total amount of any such deferral shall not exceed $5,000.
