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Bill > HB1865


IL HB1865

IL HB1865
FRAUD-TARGETED INSURANCE SALES


summary

Introduced
01/29/2025
In Committee
04/30/2025
Crossed Over
04/07/2025
Passed
08/01/2025
Dead
Signed/Enacted/Adopted
08/01/2025

Introduced Session

104th General Assembly

Bill Summary

Amends the Unfair Methods of Competition and Unfair and Deceptive Acts and Practices Article of the Illinois Insurance Code. Provides that, unless certain requirements are met, it is an unfair method of competition and unfair and deceptive act or practice in the business of insurance to: (A) solicit either an individual who is a resident of a nursing home or long-term care facility or an individual who is over the age of 65, to purchase accident or health insurance or (B) enter into or amend an accident or health insurance policy with an individual who is over the age of 65 and who has executed a health care power of attorney or has a medical condition, such as dementia, that reduces the person's capacity to make informed decisions independently. Provides that if, after a hearing, the Director of Insurance determines that a person has violated either of these prohibitions, then the Director may declare void and unenforceable any agreement or policy of insurance solicited, entered into, or amended as a result of that violation. Amends the Consumer Fraud and Deceptive Business Practices Act. Makes it an unlawful practice for a nursing home or long-term care facility to make substantive changes likely to be disruptive to a resident or move a resident's place of living without prior approval from a family member, guardian, or power of attorney of the resident if the resident suffers from dementia or suffers from a medical condition that reduces the resident's capacity to make informed decisions independently.

AI Summary

This bill aims to protect vulnerable elderly and nursing home residents from potential insurance and care-related fraud by establishing new regulations. The bill introduces two key provisions: first, it prohibits insurance companies from soliciting or amending health insurance policies for individuals over 65 or residing in nursing homes without specific safeguards, such as advising the potential enrollee to review their current insurance plan, discussing changes with family members or advisors, waiting 48 hours before making changes, providing a contact number for questions, and allowing the individual to opt out of future communications. Second, the bill makes it an unlawful practice for nursing homes or long-term care facilities to make significant disruptive changes to a resident's living situation or care without prior approval from a family member, guardian, or power of attorney, specifically when the resident has dementia or a medical condition that impairs their decision-making capacity. If an insurance company violates these provisions, the Director of Insurance may declare the insurance agreement or policy void after conducting a hearing. The overall goal of the bill is to protect elderly and cognitively impaired individuals from potential exploitation or unintended changes to their insurance coverage or living arrangements.

Committee Categories

Business and Industry

Sponsors (10)

Last Action

Public Act . . . . . . . . . 104-0055 (on 08/01/2025)

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