IL NAELA Priority Bills Spring 2021

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.


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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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