legislative news

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".

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.

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.

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.

We hope you and your families are safe and well! We would like to welcome our new lobbyist team David Stricklin, Susanne Hack and Norma Fuentes to Illinois NAELA.

Here are five pieces of legislation, among the hundreds that we have examined that the legislative subcommittee of Illinois NAELA are tracking closely and have in some instances even suggested input with the bill sponsors.

Notwithstanding our update to you of this pending legislation, please be aware the legislature has cancelled the next two weeks of session and no legislative activity is scheduled at present. However, when the General Assembly reconvenes, it is our understanding that only the most pressing issues will be considered.

Funerals: House Bill 5158- The Legislative Committee has been working behind the scenes for a several years on this issue. This bill provides that DHS exclude from consideration when determining a person's eligibility for aid, a prepaid guaranteed price funeral or burial contract funded by an irrevocable assignment of a person's life insurance policy to a trust. It also states that the trust/ insurance company must acknowledge the irrevocable assignment of benefits under the insurance policy within 30 days after the insurance company receives irrevocable assignment; it also provides that an applicant with a life insurance policy may still be able to irrevocably assign funeral goods and services or purchase a prepaid burial contract after applying for Medicaid until a final determination of eligibility has been made by HFS.

Illinois Trust Code: Senate Bill 221- this is a trailer bill that will clean up some irregularities that are members of found with various items such as the acknowledgment in the new ITC pertaining to as the creation of special needs trusts through the court system in addition to first and third parties, and several other issues. The legislative committee has been attending meetings regarding the trailer bill.

Electronic Notary: Senate Bill 3639- Illinois Legislative Committee has been closely working with this task force for over a year. As you all know, Temporary Executive Order #14 has addressed this issue, but permanent legislation is still pending. Prior to the proposed executive order there was discussion in our committee that contained provisions for electronic notarization, the committee has raised several concerns and continues to monitor closely.

Attorney Malpractice: Senate Bill 3351 which amends the Code of Civil Procedure and provides that an attorney malpractice action in which the injury did not occur until the death of the person for whom the professional services were rendered (quite often the case for estate planning and Elder law attorneys) may not be commenced in any event more than six years after the date the professional services were performed.

Mandated Reporter:  Senate Bill 3852- This amends the Adult Protective Services Act and expands the definition of mandated reporter to include a person who performs the duties of a banker, broker, investor, investment advisor, attorney, financial consultant or financial advisor, broker – dealer, or administrator, regulator, or supervisor of any of the foregoing. Illinois NAELA can support this legislation IF the mandatory reporting requirement pertaining to attorneys is deleted from this legislation. Requiring attorneys to be mandatory reporters flies in the face of our ethical rules relating to confidentiality and violates the provisions under attorney-client privilege.

In addition, these legislative initiatives, we have become aware of 1115 and 1135 waivers issued to the state of Illinois by CMS. More to come on these waivers in a separate email. 

1.            The new buzz about long-term care insurance and various federal and state initiatives.  It is estimated that the number of Americans turning 65 years of age or older will double to 98,000,000 by 2050.  The statistics indicate more than half of adults 65 and older will require long term care assistance at some point in their lives. The average duration of long-term care is 2 to 2.5 years.  Only 10% - 16%of Americans have long-term care insurance.  Presently, Medicaid covers approximately 60% of long-term care costs of nursing home residents.

At the federal level, US representative Frank Colón, from New Jersey released a proposal last May to create a Medicare long-term care benefit plan. The proposal would purportedly establish a public benefit within Medicare that is not dependent on income or assets. Illinois NAELA will continue to monitor this proposal.

At the state level, the State of Washington signed into law in May 2019, a new .58% payroll tax to fund a benefit of $36,500 for individuals to pay for home healthcare as well as some other services such as despite care for family members.

The State of Minnesota is considering allowing individuals to convert their life insurance plans to long-term care insurance.

An initiative in the State of Maine to provide free long-term care to residents funded by a 3.8% income tax on residents making more than $108,400 per year was rejected last year.

Illinois is also studying long-term care proposals.  Illinois lawmakers have commissioned a study to make a determination as to how many seniors are likely to need long-term care and the tax implications of a state-run long-term care program.

New York lawmakers have debated a graduated income tax to pay for comprehensive long-term care for its citizens.  In 2017, Hawaii initiated a program that is publicly funded and provides up to $210 a week for services when family caregivers work outside of the home for at least 30 hours a week.

2.            The Illinois Elder Abuse Task Force. Illinois NAELA member and past chapter president Amy Delaney recently provided public testimony on November 15, 2019 at the elder abuse task force meeting in Chicago, Illinois in conjunction with the Illinois Department on Aging. Amy communicated to the task force that Illinois NAELA would be happy to coordinate efforts to carry out the mutual mission of both the Illinois Department on Aging and Illinois NAELA.  We thank Amy for taking the time to provide testimony in representing our members and the clients we serve.

Illinois NAELA has been busy.  With feedback from many members, we collected numerous specific examples that demonstrate the concerns that we have about the manner in which Medicaid applications have been processed.  “Illinois NAELA Addresses Serious Concerns Regarding Longstanding DHS and HFS Medicaid Application Filings” is a document that summarizes the three key areas of administrative failings and offers potential solutions.  Those issues are: (1) Notices of Decisions by the Department are Lacking Procedurally and Substantively; (2) Applicants are Terminated from Benefits without Notice/Due Process; and (3) Communication is Non-Existent.  Last week, Illinois NAELA representatives had a productive meeting in Chicago with a dozen representatives of the Department of Health and Family Services (HFS) and the Department of Human Services (DHS) to discuss these issues and offered specific case examples demonstrating the real concerns that our members have, the actual danger to Illinois Medicaid applicants, and potential solutions to these important issues.  We were encouraged by the seriousness with which HFS and DHS approached our meeting and are looking forward to a continuing dialogue on these and other critical issues.

Dear Illinois NAELA Members!

It has been a busy and productive Spring Session for Illinois NAELA in Springfield! Tony Abboud has been working tirelessly to advocate on behalf of Illinois NAELA and successfully killed many bills we opposed and advanced many bills we supported. 

Below is a summary of some of the more interesting bills that we tracked over the session.

HB 1471 repeals the Trusts and Trustees Act and creates the Illinois Trust Code effective January 1, 2020. This bill has passed both houses and is on the Governor’s desk for signature.  More to come on this important issue! Illinois NAELA member Amy Delaney did an excellent job reviewing the bill and multiple amendments over that last two legislative sessions. Amy made sure special needs trusts were included in the new Trust Code.  Click here to view the bill http://ilga.gov/legislation/101/HB/10100HB1471lv.htm

SB 1321 – This a huge Medicaid bill that touches on issues such as paystub information to verify eligibility for medical assistance; other acceptable information to verify continued eligibility for medical assistance; a review of the Medicaid redetermination process in order to identify changes that can increase the use of ex parte redetermination processing; reporting requirements; audits for the State's Integrated Eligibility System and provisional eligibility for Medicaid long-term care services. Click here to view the bill http://ilga.gov/legislation/101/SB/10100SB1321lv.htm

SB1387 – ABLE Accounts – This bill allows a guardian without a court order may open or transfer funds to an ABLE Account. Illinois NAELA member Leonard Berg continues to stay involved in legislation involving Illinois ABLE accounts by reviewing all proposed legislation and often working with the Office of  Illinois Treasurer to draft language improving the legislation for persons with special needs.  Click here to view the bill http://ilga.gov/legislation/101/SB/10100SB1387enr.htm

The Illinois NAELA Legislative Committee has been hard at work reviewing and tracking hundreds of bills during the 2019 Spring Session of the Illinois General Assembly. Below are a few items of particular interest.

Grace B. Hou has been appointed as the new Secretary Designate of the Illinois Department of  Human Serviceshttp://www.dhs.state.il.us/page.aspx?item=31249

BILLS OF INTEREST

ABLE Accounts – HB 2837 & SB 1387

This bill makes technical amendments to the State Treasurer Act and it amends the Probate Act.  This bill will make it easier for the establishment of ABLE accounts by allowing the guardian of the person for a minor child or the guardian of the person of an adult with disabilities (if there is no guardian of the estate) to not only create an ABLE account, but to also have the authority to transfer funds to an ABLE account.

Advance Directives Registry –  SB 182

Illinois NAELA is working with the bill sponsor and other key parties regarding this bill.  There are two main parts to this bill. First, it provides for the Illinois Department of Public Health to do a feasibility study regarding the creation of an Illinois registry of advance directives and POLST forms.  The second part of the bill provides for the creation of advance directives in an electronic format.  Recent amendments have been made to add a national bar association with an Illinois chapter that concentrates on elder law and disability law to be on the registry’s task force, therefore, we hope to have Illinois NAELA appointed in that role.

GAL Fees – HB 2816

This bills amends the Adult Guardianship Article of the Probate Act. It 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. Instead, it provides that the allocation of guardian ad litem fees is within the discretion of the court.  Illinois NAELA had concerns with this bill and has reached out to the bill sponsor regarding the concerns and proposed alternative language.

By Tony Abboud, Strategic Government Solutions Inc.

NAELA had another successful legislative session, tracking hundreds of bills affecting our practices and clients, passing important solutions and preventing bad laws from being enacted.  Here are some highlights in this first of our two-part post-session update.

ABLE Accounts Enhanced & Protected!  Illinois NAELA played a significant role in drafting the Illinois ABLE Act.  This year, NAELA worked with Illinois State Treasurer Michael Frerichs to both enhance and protect assets in ABLE accounts. Thanks to Sen. Scott Bennett (D-Champaign) and Rep. Kelly Burke (D-Oak Lawn) for sponsoring the bills which have now become law as Public Act 100-0713 that clarifies Illinois law to expressly permit the irrevocable assignment of additional resources into ABLE accounts and discretionary trusts including, without limitation, interests in real or personal property, judgment, settlement, annuity, maintenance, minor child support, and support for non-minor children. In addition, the law protects private assets that have been deposited into ABLE accounts by prohibiting state agencies from making a claim on these assets upon the death of a designated beneficiary. 

New Tool for Securing Financial Records for Medicaid Applications. 

Once again this year, the nursing home association sought to push a bill that would have allowed nursing homes to secure 5 years of financial records for long term care applications.  Once again, NAELA objected to the nursing homes unfettered access to an applicant’s financial information.  NAELA and the various financial institution interest groups worked cooperatively to create a solution that establishes a mechanism by which the applicant’s financial institution can provide financial records directly to the Department for purposes of expediting long term care applications.   The new law includes a Consent Form that an applicant may present to his/her financial institution authorizing them to deliver to the Illinois Department of Human Services and Illinois Department of Health and Family Services financial records needed for evaluating Medicaid and long term care Medicaid applications.  The new law does not in any way impair the rights or ability of an applicant to have their attorney seek the same records on their behalf.  Thanks to Sen. John Mulroe (D-Chicago) and Rep. Lou Lang (D-Skokie) for sponsoring and passing SB2385, which was signed into law by Governor Rauner as Public Act 100-0664

Bona Fide Purchasers of Real Estate Exempt from Presumptively Void Transfers.   

For the past two years, NAELA has defended the important Presumptively Void Transfers law that we passed in 2016 to protect seniors from unscrupulous third-party caregivers.   This year, NAELA was able to work with stakeholders -- Illinois Land Title Insurers Association, the Illinois Bankers Association, Illinois State Bar Association, and the Illinois Credit Union League – who were interested in protecting bona fide purchasers of real estate to insure they are insulated from disputes under the Presumptively Void Transfers Article of the Probate Act (755 ILCS 5/4a-5, et seq.).   This year’s effort brought to conclusion a heavily negotiated amendment to our law which remains strong.  Thanks to Rep. Emanuel Chris Welch (D-Westchester) and Sen. Don Harmon (D-Oak Park) for sponsoring HB 5047 and carrying this bill which passed out of both the House and Senate unanimously.   The bill is currently on the Governor’s desk awaiting signature.

New Act: the Kasem/Baksys Visitation Law.  

This bill would create the “Frail Individual Family Visitation Protection Act”, aka the Kasem/Baksys Visitation Law.  It defines a "frail individual" and permits family members of a frail individual to petition the court for visitation if a caregiver is unreasonably preventing visitation.  NAELA originally opposed the bill as it lacked many important limiting provisions.  Through the legislative process, the bill was amended to exclude guardianships and POAs and to include other procedural protections to ensure that the “frail individual’s” rights and interests were protected.  Moreover, we sought to ensure that a proper legal process was articulated to address any such actions.  HB4039 passed unanimously out of the House and Senate and is now on Governor Rauner’s desk awaiting signature. Thank you to Rep. Sara Wojiecki-Jimenez (D-Springfield) and Sen. Melinda Bush (D-Grayslake) for their hard work on this bill.

An Advanced Directives Registry for Illinois?   

It’s not soup yet.  SB2296 was introduced by Sen. Julie Morrison (D-Deerfield) to create in Illinois an electronic advanced directives registry within the Illinois Department of Public Health into which residents could submit specified advance directive forms.  The registry would have been made available only to hospitals licensed under the Hospital Licensing Act or organized under the University of Illinois Hospital Act. The bill was drafted by the Health Law Section Council of the ISBA.  While NAELA agreed with the concept of a registry, NAELA identified and raised a significant number of concerns and problems about the bill’s lack of definition, guidelines and penalties, among others, and raised significant questions on how an individual’s true advanced directives would be honored and protected.  NAELA participated in stakeholder meetings with the drafters of the bill and other stakeholders including the Illinois Hospital Association, Illinois State Medical Society, Illinois Department of Public Health and the Illinois Palliative Care Society.  Based on the concerns raised by NAELA, which were agreed to by the other stakeholders who also raised additional concerns, Sen Morrison agreed to continued dialogue on what an advanced directives registry should look like in Illinois.