National Academy of Elder Law Attorneys - IL Chapter

Final Legislative Report 2023

Thursday, September 14, 2023 8:59 AM | Nina Vidmer (Administrator)

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

· The budget HB250 included a personal needs allowance set at $60; Personal needs allowance for nursing home residents - For a person who is a resident in a facility licensed under the Nursing homecare act for whom payments are made under this article throughout a month and who is determined to be eligible for medical assistance under this article monthly personal needs allowance shall be $60

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

· Amends the Assisted Living and Shared Housing Act, the Life Care Facilities Act, the Nursing Home Care Act, the MC/DD Act, and the ID/DD Community Care Act. Provides that establishments or facilities licensed under the Acts shall post on the home page of the licensed establishment's or facility's website specified information about the Department on Aging's Long Term Care Ombudsman Program. Provides that an establishment or facility may comply with the provisions by posting the required information on the website of its parent company if the establishment does not maintain a unique website and is not required to comply with the provisions if the establishment or facility and any parent company do not maintain a website. Contains other provisions.
Effective Date: 1/1/2024

IDPH-MEDICAID FEES - Public Act . . . . . . . . . 103-0127

· Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Removes language requiring the Department of Public Health to establish, by rule, and charge a fee to any facility or program applying to be certified to participate in the Medicare program or in the Medicaid program to cover the costs associated with the application, inspection, and survey of the facility or program and processing of the application.
Effective Date: 1/1/2024

DISTRESSED FACILITY CRITERIA - Public Act . . . . . . . . . 103-0139

· Amends the Nursing Home Care Act. Requires the Department of Public Health to adopt criteria, by rule, to identify distressed facilities and to publish a list of distressed facilities quarterly. Provides that no facility shall be identified as a distressed facility unless it has committed a violation or deficiency that has harmed a resident. Removes existing language requiring the Department of Public Health to generate and publish quarterly a list of distressed facilities based on specified criteria.’
Effective Date: 1/1/2024

Able Account Program: Public Act . . . . . . . . . 103-0256

· Amends the State Treasurer Act. Provides that any entity may make contributions to an ABLE account. Makes changes concerning privacy of ABLE account information. Provides that the ABLE Account Program may also be referred to as the Senator Scott Bennett ABLE Program.
Effective Date: 6/30/2023

NURSING HOMES-DIRECTORY: Public Act . . . . . . . . . 103-0102

· Amends the Nursing Home Care Act. Provides that the Directory published each year by the Department of Public Health for each public health region listing facilities shall contain the facility website address, if any.Statutes affected

POWER OF ATTY-VISITATION: Public Act . . . . . . . . . 103-0055

· Amends the Illinois Power of Attorney Act. Provides that restricting or not allowing an interested person to have reasonable visitation with a principal is an action upon which a court may find that an agent is not acting for the benefit of the principal.
Effective Date: 1/1/2024

GUARDIANSHIP-DEMENTIA TRAINING: Public Act . . . . . . . . . 103-0064

· Amends the Guardianship and Advocacy Act. Provides that the guardianship training program shall include content regarding Alzheimer's disease and dementia. Amends the Probate Act of 1975. Requires a public guardian to complete a one-hour course on Alzheimer's disease and dementia within 6 months of appointment and annually thereafter.
Effective Date: 1/1/2024

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...	House • Jun 16, 2023: Sent to the Governor
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	Senate • Jun 16, 2023: Sent to the Governor
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

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.