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  • Friday, April 22, 2022 1:16 PM | Hannah Pfeiffer (Administrator)

    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

    HB 4979 - PREPAID FUNERAL/BURIAL – NAELA SUPPORTED

    Legislative Champion: Rep. Natalie Manley (D) / Sen. John Connor (D)

    Status: Passed Both Houses, pending Governor’s Signature

    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

    HB 5047 - POWER OF ATTORNEY-SHORT FORM – NAELA SUPPORTED

    Legislative Champion: Rep. Jennifer Gong-Gershowitz (D) / Sen. Laura Fine (D)

    Status: Passed Both Houses, pending Governor’s signature

    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

    Effective: January 1, 2023

    HJR 23 - IL ABLE PROGRAM-SUPPORT – NAELA SUPPORTED

    Legislative Champion: Francis Ann Hurley (D) / Sen. Laura Fine (D)

    Status: Passed Both Houses, pending Governor’s signature

    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.

    Effective: Immediately

    SB 1633 - NURSING HOMES-RESIDENT RIGHTS – NAELA SUPPORTED

    Legislative Champion: Sen. Karina Villa (D) / Rep. Joyce Mason (D)

    Status: Passed Both Houses, pending Governor’s signature

    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

    Effective: January 1, 2023

    SB 3786 - STATE TREASURER-ABLE ACCOUNTS – NAELA SUPPORTED

    Legislative Champion: Sen. Laura Ellman (D) / Rep. Dagmara Avelar (D)

    Status: Passed Both Houses, pending Governor’s signature

    NAELA board members and Lobbyist expressed Support.

    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

    Effective: Immediately

    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

    HB 4366 - GUARDIAN APPOINTMENT-TRAINING- NAELA MONITORED

    Legislative Champion: Rep. William Davis (D) / Sen. Don Harmon (D)

    Status: Passed Both Houses, pending Governor’s signature

    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

    SB 702 - SR HOUSING RESIDENTS COUNCIL – NAELA MONITORED

    Legislative Champion: Sen. Mike Simmons (D) / Rep. Chris Welch (D)

    Status: Passed Both Houses, pending Governor’s signature

    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

    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

    Effective: Upon Becoming Law

    SB 1405 - MEDICAL PATIENT RTS-VISITATION – NAELA MONITERED

    Legislative Champion: Sen. Dan McConchie (R) / Rep. Chris Bos (R)

    Status: Passed Both Houses, pending Governor’s Signature

    Bill aims to protect residents from visitation restrictions in the event of another disaster proclamation.

    Effective: Upon Becoming Law

    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

    SB 1975 - PROP TX-HOMESTED-DISABILITIES – NAELA MONITORED

    Legislative Champion: Sen. Robert R. Martwick (D) / Rep. Michelle Mussman (D)

    Status: Passed Both Houses, pending Governor’s Signature

    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

    Effective: Upon Becoming Law

    SB 3007 - SOS-DRIVERS OMNIBUS – NAELA MONITORED

    Legislative Champion: Sen. Ram Vilivalam / Rep. Michael Kelly (D)

    Status: Passed Both Houses, pending Governor’s Signature

    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

    Effective: Upon Becoming Law

    SB 3174 - RUUPA-PROP AMOUNT-AFFIDAVIT – NAELA MONITORED

    Legislative Champion: Sen. Sara Feigenholtz (D) / Rep. Stephanie Kifowit

    Status: Passed Both Houses, pending Governor’s Signature

    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

    Effective: Immediately


  • Tuesday, September 14, 2021 1:39 PM | Nina Vidmer (Administrator)

    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. 

  • Friday, August 27, 2021 9:15 AM | Nina Vidmer (Administrator)

    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)


  • Thursday, August 12, 2021 10:17 AM | Nina Vidmer (Administrator)

    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


  • Thursday, June 17, 2021 1:12 PM | Nina Vidmer (Administrator)

    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

    Effective January 1 of 2022, or upon its becoming a law, whichever is later

    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

    Effective immediately.

    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 

    Effective January 1 of 2022, or upon its becoming a law, whichever is later

    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

    Effective January 1 of 2022, or upon its becoming a law, whichever is later

    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

    Effective immediately.

    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

  • Thursday, June 17, 2021 12:17 PM | Nina Vidmer (Administrator)

    IL - SB109 HEALTH SURROGATE-POLST CHANGES

    Effective January 1 of 2022, or upon its becoming a law, whichever is later

    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

    Effective January 1, 2022.

    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

    Effective January 1 of 2022, or upon its becoming a law, whichever is later

    Primary Sponsor: Senator Rachelle Crowe (D)

    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

     Effective immediately.

    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

    Effective January 1 of 2022, or upon its becoming a law, whichever is later

    Primary Sponsor: Senator Laura M. Murphy (D)

    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.


  • Thursday, June 17, 2021 11:16 AM | Nina Vidmer (Administrator)

    IL - HB32 MEALS ON WHEELS-INFO PACKS- SUPPORT

    Effective immediately.

    Primary Sponsor: Representative Debbie Meyers-Martin (D)

    Legislative Summary:  Amends provisions of the Illinois Act on the Aging concerning home-delivered meal services to Illinois residents who qualify under the federal Older Americans Act.

    IL - HB41 SCH CD-RESIDENTIAL PLACEMENT- MONITOR

    Effective immediately.

    Primary Sponsor: Representative Katie Stuart (D)

    Legislative Summary: Amends the Children with Disabilities Article of the School Code. Provides that prior to the placement of a child in an out-of-state special education residential facility, the school district, Illinois placing agency, or court must offer to the child or the child's parent or guardian the option to place the child in a special education residential facility located within this State, if any, (instead of within this State) that provides treatment and services comparable to those provided by the out-of-state facility. Requires the school district, Illinois placing agency, or court to review annually the placement of a child in an out-of-state special education residential facility and to offer placement in a comparable facility located within this State, if any (instead of within this State).

    IL - HB55 PROBATE-REPORT- MONITOR

    Effective January 1 of 2022, or upon its becoming a law, whichever is later

    Primary Sponsor: Representative Daniel Didech (D)

    Legislative Summary: 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 - HB122 EARLY CANCELLATION FEES-DEATH- MONITOR

    Effective January 1 of 2022, or upon its becoming a law, whichever is later

    Primary Sponsor: Representative Daniel Didech (D)

    Legislative Summary: Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that, subject to federal law and regulation, no provider of telephone, cellular telephone, television, Internet, energy, medical alert system, or water services shall impose a fee for termination or early cancellation of a service contract if the customer dies before the end of the contract. Provides that every violation is an unlawful practice within the meaning of the Act.

    IL - HB158 HEALTH CARE & HUMAN SERVICES- MONITOR –

     Effective immediately.

    Last Action: Public Act . . . . . . . . . 102-0004 (April 27, 2021)

    Primary Sponsor: Representative Camille Y. Lilly (D)

    Legislative Summary: Creates the Community Health Worker Certification and Reimbursement Act. Amends various Acts regarding medical staff credentials; electronic posters and signs; N95 masks; Legionella bacteria testing; continuing education on implicit bias awareness; overdoses; the Prescription Monitoring Program; a dementia training program; taxation of blood sugar testing materials; funding of safety-net hospitals; a Child Care Assistance Program Eligibility Calculator; managed care organizations; Federally Qualified Health Centers; care coordination; billing; the Medicaid Business Opportunity Commission; reimbursement rates; doula services; personal care of family members; the State Health Assessment; the State Health Improvement Plan; child care training; and a Medicaid Managed Care Oversight Commission. Creates the Behavioral Health Workforce Education Center of Illinois Act. Creates the Underlying Causes of Crime and Violence Study Act. Creates the Special Commission on Gynecologic Cancer Act. Creates the Racial Impact Note Act to require the estimate of the impact on racial and ethnic minorities of certain bills. Creates the Health and Human Services Task Force and Study Act to review health and human service departments and programs. Creates the Anti-Racism Commission Act concerning elimination of systemic racism. Creates the Sickle Cell Prevention, Care, and Treatment Program Act regarding programs and other matters. Amends the Illinois Health Facilities Planning Act in relation to the Health Facilities and Services Review Board, facility closure, and other matters. Creates the Medicaid Technical Assistance Act. Repeals, adds, and changes other provisions

    IL - HB263 PROBATE-TEMPORARY GUARDIAN – MONITOR

    - Effective immediately.

    Primary Sponsor: Representative Thomas M. Bennett (R)

    Legislative Summary: Amends the Guardians For Adults with Disabilities Article of the Probate Act of 1975. 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. Provides that the petition for the appointment of a temporary guardian shall state specified facts. Provides that notice of the time and place of the hearing on a petition for the appointment of a temporary guardian or petition to revoke the appointment of a temporary guardian shall be given not less than 3 days before the hearing. Effective immediately.

    IL - HB266 PROBATE-GUARDIAN-DECISIONS- MONITOR

    Effective immediately.

    Primary Sponsor: Representative Thomas M. Bennett (R)

    Legislative Summary: Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Provides that a guardian shall consider the ward's current preferences to the extent the ward has the ability to participate in decision making when those preferences are known or reasonably ascertainable by the guardian. Provides that decisions by the guardian shall conform to the ward's current preferences unless the guardian reasonably believes that doing so would result in substantial harm to the ward's welfare or personal or financial interests. Provides that if the guardian is unable to ascertain the ward's preferences, then the decisions may be made by conforming as closely as possible to what the ward would have done or intended under the circumstances. 

    IL - HB282 STATE'S ATTORNEY-LEGAL OPINION- MONITOR

    Effective immediately.

    Primary Sponsor: Representative Natalie A. Manley (D)

    Legislative Summary: 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. Provides that a County Veterans Assistance Commission may make such a request of the State's Attorney, and the State's Attorney, in the State's Attorney's sole discretion, may grant or decline such a request by a County Veterans Assistance Commission. Makes all provisions of the Division gender neutral.

    IL - HB357 MEDICAID-LONG-TERM CARE- MONITOR

    Effective January 1 of 2022, or upon its becoming a law, whichever is later

    Primary Sponsor: Representative Norine K. Hammond (R)

    Legislative Summary: Amends the Medical Assistance Article of the Illinois Public Aid Code. 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 - HB452 DHS-DISABILITY SERVICES- MONITOR-

    Effective Immediately, Makes some provisions effective January 1, 2022.

    Primary Sponsor: Representative Michelle Mussman (D)

    Legislative Summary: Further amends the Rehabilitation of Persons with Disabilities Act by removing a requirement that the Department of Human Services submit an annual report on vocational training programs and services to be filed with the Governor and the General Assembly on or before March 30 each year. Further amends the School Code. Provides that if a child is deaf, hard of hearing, blind, or visually impaired or has an orthopedic impairment or physical disability (rather than is diagnosed with an orthopedic impairment or physical disability) and the child might be eligible to receive services from the Illinois School for the Deaf, the Illinois School for the Visually Impaired, or the Illinois Center for Rehabilitation and Education-Roosevelt, the school district shall notify the parents, in writing, of the existence of these schools and the services they provide.

    IL - HB679 POWER OF ATTORNEY-REVOCATION – MONITOR

    Effective immediately.

    Primary Sponsor: Representative William Davis (D)

    Legislative Summary: 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. Makes corresponding changes. Effective immediately.

    IL - HB842 PROBATE-GUARDIAN AD LITEM FEES- MONITOR

    Effective January 1 of 2022, or upon its becoming a law, whichever is later

    Primary Sponsor: Representative Terra Costa Howard (D)

    Legislative Summary: Amends the Adult Guardianship Article of the Probate Act of 1975. Deletes language providing that if the respondent is unable to pay the fee of the guardian ad litem or appointed counsel, or both, the court may enter an order for the petitioner to pay all such fees or such amounts as the respondent or the respondent's estate may be unable to pay. Provides instead that the allocation of guardian ad litem fees and costs is within the discretion of the court. Provides that no legal fees, appointed counsel fees, guardian ad litem fees, or costs shall be assessed against the Office of the State Guardian, the public guardian, an adult protective services agency, the Department of Children and Family Services, or the agency designated by the Governor under the Protection and Advocacy for Persons with Developmental Disabilities Act.

    IL - HB1836 ST TREASURER-ABLE ACCOUNT PROG - SUPPORT

    Effective immediately.

    Primary Sponsor: Representative Bob Morgan (D)

    Legislative Summary: Leonard Berg and Lobbyist worked extensively with the State Treasurer’ Office on the latest revisions to the ABLE Act.  Amends the State Treasurer Act. Provides that for purposes of the ABLE account program, a designated beneficiary means the ABLE account owner. Provides that upon the death of a designated beneficiary, proceeds from an account may be transferred pursuant to a payable on death account agreement. Provides that upon the death of a designated beneficiary, the State Treasurer may require verification that the funeral and burial expenses of the designated beneficiary have been paid. Makes conforming changes. Effective immediately.

    IL - HB1838 HUMAN RIGHTS-DISABILITY DEF- SUPPORT

    Effective January 1 of 2022, or upon its becoming a law, whichever is later

    Primary Sponsor: Representative Theresa Mah (D)

    Legislative Summary: Amends the Illinois Human Rights Act. Provides that discrimination based on disability includes unlawful discrimination against an individual because of the individual's association with a person with a disability.

    IL - HB2426 MHDD CD-TRANSFER- MONITOR

    Effective immediately.

    Primary Sponsor: Representative Debbie Meyers-Martin (D)

    Legislative Summary: Amends the Mental Health and Developmental Disabilities Code. Provides that the notice of a recipient's rights includes, if applicable, the recipient's right to request a transfer to a different Department of Human Services facility. Provides that a recipient, his or her attorney, guardian, if any, and responsible relative, in any Department facility may make a written application to the facility director of the recipient's current facility to transfer to another Department facility. Provides that the Department shall provide the form to make such an application to a recipient, his or her attorney, guardian, if any, and responsible relative upon request. Provides that a recipient of services shall not include a person with the primary diagnosis of a developmental disability. Provides that upon receipt of the recipient's application, the facility director shall promptly schedule a hearing to be held within 7 days. Provides that the hearing shall be held at the recipient's current facility. Establishes the recipient's burden of proof at the transfer hearing. Provides that if a recipient's application for transfer is denied, no application may be filed for 180 days. Provides that the recipient does, however, have the right to administratively appeal any decision of the utilization review committee. Effective immediately.

    IL - HB2433 NURSING HOMES-COMPLAINTS- SUPPORT

     Effective immediately.

    Primary Sponsor: Representative Suzanne Ness (D)

    Legislative Summary: Amends the Nursing Home Care Act. In provisions concerning the Long-Term Care Facility Advisory Board, adds one member representing local health departments who is a nonvoting member. In provisions concerning complaints for violations of the Act or a rule, provides that the Department of Public Health's annual review and report concerning the complaint process must include substantiated complaints that were completed in a specified time frame. Requires the report to be provided to the General Assembly (in addition to the Long-Term Care Facility Advisory Board and the Illinois Long-Term Care Council). Effective immediately.

    IL - HB3147 RESIDENT/PATIENT PHONE CALL- MONITOR

    Effective immediately.

    Primary Sponsor: Representative Natalie A. Manley (D)

    Legislative Summary: Amends the Nursing Home Care Act. Provides that, upon request, a facility shall make every reasonable effort to facilitate at least one phone call or video call between a resident and a single family member of the resident each day during a disaster declared by the Governor under the Illinois Emergency Management Agency Act, unless doing so could pose a danger to residents or staff or redirect resources away from direct resident care and protection. Amends the Hospital Licensing Act. Provides that during a pandemic or other public health emergency, a hospital licensed under the Act shall develop and implement a contact policy to encourage patients' ability to engage with family members throughout the duration of the pandemic or other public health emergency, including through the use of phone calls, videos calls, or other electronic mechanism. Effective immediately.

    IL - HB3786 MHDD CD-RECIPIENT ABUSE- SUPPORT

    Effective January 1 of 2022, or upon its becoming a law, whichever is later

    Primary Sponsor: Representative Robyn Gabel (D)

    Legislative Summary: Amends the Mental Health and Developmental Disabilities Code. Provides that when an initial investigation of a reported allegation of abuse, neglect or financial exploitation of a recipient of services indicates, based upon credible evidence, that an employee of a mental health or developmental disability facility is the perpetrator of the abuse, that employee shall immediately be barred from any further contact with recipients of services of the facility. Provides that an employee barred from contact with recipients of services shall remain barred: (1) pending the outcome of any further investigation, prosecution or disciplinary action against the employee; or (2) until the Department of Human Services Office of Inspector General independently determines that the allegation or allegations against the employee will be unsubstantiated or unfounded in the Office of Inspector General's final investigative report. Defines "credible evidence".


  • Thursday, June 17, 2021 11:13 AM | Nina Vidmer (Administrator)

    IL - HB295 PREPAID FUNERAL/BURIAL

    Primary Sponsor: Representative Natalie A. Manley (D)

    Legislative Summary: Tiffany Sievers and Leonard Berg worked with State agencies to find agreeable language. DHS, HFS, Cemetery Association, Comptroller will continue to work on the legislation and comments and feedback from NAELA members will be ongoing. Leonard’s comments to technical and substantial changes continue to be submitted. This legislation replaces everything after the enacting clause. 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.

    IL - SB282 AGING-DHS-DHFS-DON SCORES

    Primary Sponsor: Senator Omar Aquino (D)

    Legislative Summary: Dawn Weekly and Lobbyist monitored this bill throughout the session for traction. This legislation would ensure that the DON scores would allow for fewer long term care residents and increase in home services.


  • Monday, April 12, 2021 3:34 PM | Nina Vidmer (Administrator)

    Below are listed certain bills that the legislative subcommittee of the Illinois Chapter of the National Academy of Elder Law Attorneys is viewing as “priority bills” that require tracking in order to determine:

    1.   the impact on our clients, the elderly and disabled population, and also
    2.  the impact that these provisions may have on our members as  practitioners.

     IL - HB295 PREPAID FUNERAL/BURIAL

    Provides that no provision of the Illinois insurance code or any other law prohibits an insured under any policy of life insurance from making an irrevocable assignment of all or any part not to exceed the purchase price of a prepaid burial contract.

    IL - HB1795 TRUST CODE-VARIOUS

    This is a trailer provision that makes some references to definitional matters, mandatory rules, and other provisions.

    IL - SB100 MEDICAID SPEND DOWN 

    This amends the public aid code to provide that a person who uses Medicaid Spenddown qualify for medical assistance shall not be eligible for medical assistance if the person does not meet his or her monthly spend down for 6 consecutive months.

    IL - SB282 AGING-DHS-DHFS-DON SCORES

    Amends the Illinois Act on Aging, the Rehabilitation of Persons with Disabilities Act, and the Illinois Public Aid Code. Provides that individuals with a score of 29 or higher based on the determination of need (DON) assessment tool shall be eligible to receive services through the Community Care Program.

    Requires the Department of Healthcare and Family Services to execute, relative to the nursing home prescreening project, written agreements with the Department of Human Services and the Department on Aging to effect, on and after July 1, 2023, an increase in the DON score threshold to 37 for applicants for institutional long term care, subject to federal approval. Provides that on and after July 1, 2023 but before July 1, 2025, continuation of a nursing facility stay that began on or before June 30, 2023 by a person with a DON score between 29 and 36 may be covered when such stay would be otherwise eligible under this Code, provided the nursing facility performs certain actions. Requires the Department to, by rule, set a maximum total number of individuals to be covered and other limits on utilization that it deems appropriate. Effective July 1, 2023

    IL - HB3849 SUPPORTED DECISION-MAKING ACT

    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 for the duties of a supporter in a supported decision-making agreement. Prohibits a supporter from doing certain actions in relation to the principal.

    Requires 2 or more witnesses to be present and sign and date a supported decision-making agreement. Provides a form for a supported decision-making agreement. Provides that a principal may revoke the supported decision-making agreement and invalidate the supported decision-making agreement at any time. Provides that a supporter may resign by giving notice to the principal.

    IL - SB80 PROBATE ACT-ADULT GUARDIANSHIP

    Amends the Probate Act of 1975. Provides that, in a case regarding temporary guardianship, if no limited or plenary guardian has been appointed in a case regarding temporary guardianship, the court may grant an extension up to an additional 60 days or until a limited or plenary guardian has been appointed.

    Changes references to "best interest" to "best interests". Amends the Illinois Power of Attorney Act. Provides that if an agent seeks guardianship of the principal, the petition for guardianship must delineate the specific powers to be granted to the guardian that are not already included in the power of attorney.

    IL - HB714 EVIDENCE-HEALTH CARE RECORDS

    mends the Code of Civil Procedure. In a Section concerning the examination of health care records, provides that "health care practitioner" includes any therapist or counselor. Deletes language requiring a health care facility or health care practitioner to provide without charge one complete copy of a patient's records if the patient is an indigent homeless veteran in order to facilitate the person's application for federal veterans' disability benefits. 

    Provides instead that complete copies of a patient's records shall be provided to the patient or other person authorized by the patient for the purpose of supporting a claim for: (1) federal veterans' disability benefits; or (2) federal Social Security or Supplemental Security Income benefits, or both, under any title of the Social Security Act.

    IL - SB47 PROPERTY TRANSFER ON DEATH – SUPPORT

    mends 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. Provides that a transfer on death instrument does not need to state consideration or the addresses of the beneficiaries. Provides that if the transfer on death instrument is not witnessed by at least 2 credible witnesses, it is void. Provides that if a beneficiary attests to the execution of the transfer on death instrument, the interest transferred to that beneficiary is void as to that beneficiary. Changes the rules under which real property that is subject to a transfer on death instrument is transferred. Provides that a transfer on death instrument may be renounced by the owner's surviving spouse. Makes other changes to provisions regarding: rights of creditors; limitations; and preparation of a transfer on death instrument or its revocation.

    IL - SB97 ELECTRONIC NOTARY PUBLIC 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.

    IL SB 730 PROBATE-ELECTRONIC WILLS

    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 January 1, 2022, or upon the adoption by the Secretary of State of rules necessary for implementation, whichever is later.

    HB 55 PROBATE – REPORT

    Expands who may provide a Physicians Report for Adult Guardianships to  clinical psychologists.

    HB 65- MEDICAID REDETERMINATIONS –

    Proposes redeterminations every 12 months. 

    IL - HB292 DHFS-PERSONAL NEEDS ALLOWANCE

    Proposes an increase from $30 to $90 personal needs allowance.

    IL - HB357 MEDICAID-LONG-TERM CARE

    A bill to increase the time a facility has to send their admit packet to DHS through the MEDI system from 45 days to 120 days.

    IL - HB422 AGING-DHS-DHFS-DON SCORES

    Amends the Illinois Act on the Aging, the Disabled Persons Rehabilitation Act, and the Illinois Public Aid Code. Regarding services under the Community Care Program (CCP), the Home Services Program, the supportive living facilities program, and the nursing home prescreening project, provides that individuals with a score of 29 or higher based on the determination of need assessment tool shall be eligible to receive institutional and home and community-based long term care services until the State receives federal approval and implements an updated assessment tool, and those individuals are found to be ineligible under that updated assessment tool.

    Requires the Department on Aging and the Departments of Human Services and Healthcare and Family Services to adopt rules, but not emergency rules, regarding the updated assessment tool. Contains provisions concerning continued eligibility for persons made ineligible for services under the updated assessment tool. Amends the Illinois Act on the Aging. Prohibits the Department on Aging from adopting any rule that: (i) restricts eligibility under CCP to persons who qualify for medical assistance; or (ii) establishes a separate program of home and community-based long term care services for persons eligible for CCP services but not eligible for medical assistance. Prohibits the Department from increasing copayment levels under CCP to those levels in effect on January 1, 2016.

    Amends the Illinois Public Aid Code. Deletes a provision concerning an increase in the determination of need scores, on and after July 1, 2012, from 29 to 37. Amends the Nursing Home Care Act. Prohibits the involuntary discharge of an individual receiving care in an institutional setting as the result of the updated assessment tool until a transition plan has been developed. Effective immediately.

    IL - HB1830 COVID19-LIMITED LIABILITY ACT

    Creates the COVID-19 Limited Liability Act. Provides that a person shall not bring or maintain a civil action alleging exposure or potential exposure to COVID-19 unless: the civil action relates to a minimum medical condition; the civil action involves an act that was intended to cause harm; or the civil action involves an act that constitutes actual malice. Provides, with exceptions, that a person who possesses or is in control of a premises shall not be liable for civil damages for any injuries sustained from the individual's exposure to COVID-19. Provides that a person shall not be held liable for civil damages for any injuries sustained from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care was in substantial compliance or was consistent with any federal or State statute, rule, regulation, order, or public health guidance related to COVID-19 that was applicable to the person or activity at issue at the time of the alleged exposure or potential exposure.

    Provides that a health care provider shall not be liable for civil damages for causing or contributing to the death or injury of an individual as a result of the health care provider's acts or omissions while providing or arranging health care in support of the State's response to COVID-19. Provides that any person who designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to COVID-19 shall not be liable in a civil action alleging personal injury, death, or property damage caused by or resulting from: the design, manufacturing, labeling, selling, distributing, or donating of the household disinfecting or cleaning supplies, personal protective equipment, or a qualified product; or a failure to provide proper instructions or sufficient warnings.

    Provides that the Act applies retroactively to January 1, 2020.

    IL - HB3918 AGING-MANDATED REPORTERS

    Bill includes investment advisors and insurance agents as mandated reporters.


  • Monday, October 12, 2020 8:22 AM | Nina Vidmer (Administrator)

    Here are some of the topics under consideration and review:

    1. There have been a number of “Provider Notices” that can be found on the HFS website that raise a host of questions. For example, on  February 27, 2020 there was a provider notice that issued as a result of the pandemic and  it appears as though while there is some leniency, the state of Illinois could come back and begin to examine penalty periods that were previously ignored. This can be troublesome for many of our clients
    2. We are also concerned about a Provider Notice that was issued on October 16, 2019 dealing with admission guidelines that indicate that long-term care providers are to be  reminded that effective January 1, 2018 all admission transactions must be submitted electronically within 45 days of the date of admission.  We are concerned that long-term care facilities may not be aware of this provision and while all of us work diligently to get our clients eligible under the Medicaid rules, if the medical provider does not submit the so-called admit pack timely, payment by the state for Medicaid eligible clients may not begin timely.
    3. There is a new form of communication apparently that IDHS has issued under the subcategory  “News” that is referred to as a “Medical Morsel” . For example on July 9, 2020 there was a Medical Morsel regarding eligibility for backdated months that indicated that, if not already in place, an applicant may use available resources to purchase an exempt prepaid funeral or burial contract at any point after submitting an application for medical assistance up until a final determination of eligibility on the application has been made by the department. We wanted to make you aware that, while these so-called Medical Morsels may not have the force and effect of law,  they exist. Here is the link to the July 9, 2020 “Medical Morsel” https://www.dhs.state.il.us/page.aspx?item=125486 found at the Illinois Department of Human Services website under the  subcategory of “News”.
    4. Also, as discussed at the quarterly general membership meeting,  the legislative committee is continuing to track the following legislation and/or topical areas:
      1. Senate Bill 221 dealing with the Illinois Trust Code
      2. Senate Bill 3150 dealing with transfer on death instruments  (TODIs)
      3. Senate Bill 3852 dealing with mandatory reporting by attorneys in elder abuse cases
      4. House Bill 5150 a dealing with funeral pre-payments in a Medicaid context
      5. Home and community-based waivers
      6. Senate Bill 3698 which is a notary /docu-sign type bill
      7. House Bill 4611 which amends provisions related to ABLE accounts.
      8. House Bill 4842 which offers the new concept called Supportive Decision-Making in a guardianship context
      9. Federal bill HR 6364 dealing with electronic notarization for matters that cross state lines

    The Legislative Committee will continue to keep you informed of legislative activity as we enter fall veto session.  We do not expect a great deal of activity until Spring 2021.

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National Academy of Elder Law Attorneys, Inc.
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The National Academy of Elder Law Attorneys, Inc. (NAELA) was founded in 1987 as a professional association of attorneys who are dedicated to improving the quality of legal services provided to people as they age and people with special needs.
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