IL
Illinois House Bill HB1865

Illinois 2025-2026 Regular Session

Illinois House Bill HB1865 Compare Versions

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1-HB1865 EngrossedLRB104 10517 SPS 20592 b HB1865 Engrossed LRB104 10517 SPS 20592 b
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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1865 Introduced , by Rep. Sue Scherer SYNOPSIS AS INTRODUCED: 815 ILCS 505/2HHHH new Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for any seller of accident insurance or health insurance to solicit individuals who are residents of a nursing home or long-term care facility or individuals who are over the age of 65, unless the seller: (1) does not require a purchasing decision in the first communication to the potential enrollee; (2) advises the potential enrollee of the benefit of examining the potential enrollee's current insurance plan and discussing any changes with a family member, friend, or other advisor before making any decisions; (3) provides a phone number that may be called if the potential enrollee or the potential enrollee's family members, friends, or other advisors have any questions; and (4) allows the potential enrollee to opt out of any future communications with the seller. Provides that it is also an unlawful practice for any seller or provider of accident insurance or health insurance to enter into or amend an insurance policy with a person who: (1) is over the age of 65 and who has executed a power of attorney to give another person authority over medical decisions; or (2) has a medical condition, such as dementia, that would reduce the person's capacity to make informed decisions independently. Provides that the provision does not apply to a new insurance policy or an amendment to an insurance policy that is agreed to by a person with a lawfully executed power of attorney relating to the enrollee or potential enrollee's health or financial matters. LRB104 10517 SPS 20592 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1865 Introduced , by Rep. Sue Scherer SYNOPSIS AS INTRODUCED: 815 ILCS 505/2HHHH new 815 ILCS 505/2HHHH new Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for any seller of accident insurance or health insurance to solicit individuals who are residents of a nursing home or long-term care facility or individuals who are over the age of 65, unless the seller: (1) does not require a purchasing decision in the first communication to the potential enrollee; (2) advises the potential enrollee of the benefit of examining the potential enrollee's current insurance plan and discussing any changes with a family member, friend, or other advisor before making any decisions; (3) provides a phone number that may be called if the potential enrollee or the potential enrollee's family members, friends, or other advisors have any questions; and (4) allows the potential enrollee to opt out of any future communications with the seller. Provides that it is also an unlawful practice for any seller or provider of accident insurance or health insurance to enter into or amend an insurance policy with a person who: (1) is over the age of 65 and who has executed a power of attorney to give another person authority over medical decisions; or (2) has a medical condition, such as dementia, that would reduce the person's capacity to make informed decisions independently. Provides that the provision does not apply to a new insurance policy or an amendment to an insurance policy that is agreed to by a person with a lawfully executed power of attorney relating to the enrollee or potential enrollee's health or financial matters. LRB104 10517 SPS 20592 b LRB104 10517 SPS 20592 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1865 Introduced , by Rep. Sue Scherer SYNOPSIS AS INTRODUCED:
3+815 ILCS 505/2HHHH new 815 ILCS 505/2HHHH new
4+815 ILCS 505/2HHHH new
5+Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for any seller of accident insurance or health insurance to solicit individuals who are residents of a nursing home or long-term care facility or individuals who are over the age of 65, unless the seller: (1) does not require a purchasing decision in the first communication to the potential enrollee; (2) advises the potential enrollee of the benefit of examining the potential enrollee's current insurance plan and discussing any changes with a family member, friend, or other advisor before making any decisions; (3) provides a phone number that may be called if the potential enrollee or the potential enrollee's family members, friends, or other advisors have any questions; and (4) allows the potential enrollee to opt out of any future communications with the seller. Provides that it is also an unlawful practice for any seller or provider of accident insurance or health insurance to enter into or amend an insurance policy with a person who: (1) is over the age of 65 and who has executed a power of attorney to give another person authority over medical decisions; or (2) has a medical condition, such as dementia, that would reduce the person's capacity to make informed decisions independently. Provides that the provision does not apply to a new insurance policy or an amendment to an insurance policy that is agreed to by a person with a lawfully executed power of attorney relating to the enrollee or potential enrollee's health or financial matters.
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311 1 AN ACT concerning business.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
6-4 Section 5. The Illinois Insurance Code is amended by
7-5 changing Section 424 and by adding Section 427.5 as follows:
8-6 (215 ILCS 5/424) (from Ch. 73, par. 1031)
9-7 Sec. 424. Unfair methods of competition and unfair or
10-8 deceptive acts or practices defined. The following are hereby
11-9 defined as unfair methods of competition and unfair and
12-10 deceptive acts or practices in the business of insurance:
13-11 (1) The commission by any person of any one or more of
14-12 the acts defined or prohibited by Sections 134, 143.24c,
15-13 147, 148, 149, 151, 155.22, 155.22a, 155.42, 236, 237,
16-14 364, 469, and 513b1 of this Code.
17-15 (2) Entering into any agreement to commit, or by any
18-16 concerted action committing, any act of boycott, coercion
19-17 or intimidation resulting in or tending to result in
20-18 unreasonable restraint of, or monopoly in, the business of
21-19 insurance.
22-20 (3) Making or permitting, in the case of insurance of
23-21 the types enumerated in Classes 1, 2, and 3 of Section 4,
24-22 any unfair discrimination between individuals or risks of
25-23 the same class or of essentially the same hazard and
14+4 Section 5. The Consumer Fraud and Deceptive Business
15+5 Practices Act is amended by adding Section 2HHHH as follows:
16+6 (815 ILCS 505/2HHHH new)
17+7 Sec. 2HHHH. Targeted insurance solicitations and sales.
18+8 (a) It is an unlawful practice within the meaning of this
19+9 Act for any seller of accident insurance or health insurance
20+10 to solicit individuals who are residents of a nursing home or
21+11 long-term care facility or individuals who are over the age of
22+12 65, unless the seller:
23+13 (1) does not require a purchasing decision in the
24+14 first communication to the potential enrollee;
25+15 (2) advises the potential enrollee of the benefit of
26+16 examining the potential enrollee's current insurance plan
27+17 and discussing any changes with a family member, friend,
28+18 or other advisor before making any decisions;
29+19 (3) provides a phone number that may be called if the
30+20 potential enrollee or the potential enrollee's family
31+21 members, friends, or other advisors have any questions;
32+22 and
33+23 (4) allows the potential enrollee to opt out of any
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34-1 expense element because of the race, color, religion, or
35-2 national origin of such insurance risks or applicants. The
36-3 application of this Article to the types of insurance
37-4 enumerated in Class 1 of Section 4 shall in no way limit,
38-5 reduce, or impair the protections and remedies already
39-6 provided for by Sections 236 and 364 of this Code or any
40-7 other provision of this Code.
41-8 (4) Engaging in any of the acts or practices defined
42-9 in or prohibited by Sections 154.5 through 154.8 of this
43-10 Code.
44-11 (5) Making or charging any rate for insurance against
45-12 losses arising from the use or ownership of a motor
46-13 vehicle which requires a higher premium of any person by
47-14 reason of his physical disability, race, color, religion,
48-15 or national origin.
49-16 (6) Failing to meet any requirement of the Unclaimed
50-17 Life Insurance Benefits Act with such frequency as to
51-18 constitute a general business practice.
52-19 (7) Soliciting either an individual who is a resident
53-20 of a nursing home or long-term care facility or an
54-21 individual who is over the age of 65 to purchase accident
55-22 or health insurance, unless the person who is selling the
56-23 insurance:
57-24 (A) advises the potential enrollee of the benefit
58-25 of examining the potential enrollee's current
59-26 insurance plan, discusses all proposed
37+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1865 Introduced , by Rep. Sue Scherer SYNOPSIS AS INTRODUCED:
38+815 ILCS 505/2HHHH new 815 ILCS 505/2HHHH new
39+815 ILCS 505/2HHHH new
40+Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for any seller of accident insurance or health insurance to solicit individuals who are residents of a nursing home or long-term care facility or individuals who are over the age of 65, unless the seller: (1) does not require a purchasing decision in the first communication to the potential enrollee; (2) advises the potential enrollee of the benefit of examining the potential enrollee's current insurance plan and discussing any changes with a family member, friend, or other advisor before making any decisions; (3) provides a phone number that may be called if the potential enrollee or the potential enrollee's family members, friends, or other advisors have any questions; and (4) allows the potential enrollee to opt out of any future communications with the seller. Provides that it is also an unlawful practice for any seller or provider of accident insurance or health insurance to enter into or amend an insurance policy with a person who: (1) is over the age of 65 and who has executed a power of attorney to give another person authority over medical decisions; or (2) has a medical condition, such as dementia, that would reduce the person's capacity to make informed decisions independently. Provides that the provision does not apply to a new insurance policy or an amendment to an insurance policy that is agreed to by a person with a lawfully executed power of attorney relating to the enrollee or potential enrollee's health or financial matters.
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43+A BILL FOR
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70-1 insurance-related changes with a family member,
71-2 friend, or other advisor of the potential enrollee,
72-3 and then waits 48 hours before making any
73-4 insurance-related changes concerning the potential
74-5 enrollee;
75-6 (B) provides a phone number that may be called if
76-7 the potential enrollee or the potential enrollee's
77-8 family members, friends, or other advisors have any
78-9 questions; and
79-10 (C) allows the potential enrollee to opt out of
80-11 any future communications with the person.
81-12 (8) Entering into or amending an accident or health
82-13 insurance policy with an individual who is over the age of
83-14 65 and who has executed a health care power of attorney or
84-15 has a medical condition, such as dementia, that reduces
85-16 the person's capacity to make informed decisions
86-17 independently, unless the potential enrollee's agent under
87-18 a health care power of attorney executes the agreement and
88-19 the agreement is reduced to writing.
89-20 (Source: P.A. 102-778, eff. 7-1-22.)
90-21 (215 ILCS 5/427.5 new)
91-22 Sec. 427.5. Unfair and deceptive agreements voidable by
92-23 the Director. If, after a hearing under Section 426, the
93-24 Director determines that a person has violated paragraph (7)
94-25 or (8) of Section 424, the Director may declare void and
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105-1 unenforceable any agreement or policy of insurance solicited,
106-2 entered into, or amended as a result of that violation.
107-3 Section 10. The Consumer Fraud and Deceptive Business
108-4 Practices Act is amended by adding Section 2HHHH as follows:
109-5 (815 ILCS 505/2HHHH new)
110-6 Sec. 2HHHH. Disruptive changes to a nursing home resident.
111-7 It is an unlawful practice within the meaning of this Act for a
112-8 nursing home or long-term care facility to make substantive
113-9 changes likely to be disruptive to a resident or move a
114-10 resident's place of living without prior approval from a
115-11 family member, guardian, or power of attorney of the resident
116-12 if the resident suffers from dementia or suffers from a
117-13 medical condition that reduces the resident's capacity to make
118-14 informed decisions independently.
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