HB5026 104TH GENERAL ASSEMBLY

LRB104 18014 JRC 31451 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5026

Introduced 2/10/2026, by Rep. Marcus C. Evans, Jr.

SYNOPSIS AS INTRODUCED:

755 ILCS 45/4-13 new

Amends the Illinois Power of Attorney Act. Creates rights for patients with a health power of attorney. Provides that all individuals undergoing surgery, hospitalization, or any medical procedure shall have the right to designate a designated representative in a health care power of attorney on their behalf in the event of incapacitation. Provides that patients and their designated representatives are guaranteed the following rights: (1) the right to receive clear, comprehensive information about proposed treatments, including risks, benefits, and alternatives, in a language and format they understand, before agreeing to any procedure; (2) the right to view, request, and receive copies of all medical records, and the assurance of confidentiality in accordance with Health Insurance Portability and Accountability Act and related privacy laws; (3) the right to appeal medical decisions, including denial of treatment, discharge, or transfer; (4) the right to request and receive a second opinion from another qualified medical professional or specialist, including those outside the treating facility, without fear of delay, retaliation, or obstruction; and (5) the right to medical interpretation services for patients or their designated representative who do not speak or understand English fluently, including access to certified medical translators and translated documents, at no cost to the patient. Creates a State Patient Rights and Advocacy Commission to oversee implementation of the Act, monitor compliance by health care providers, and respond to violations. Provides that any health care provider or institution found to be in violation of the Act is subject to disciplinary sanctions, which may include: civil fines; suspension or revocation of professional licenses; facility accreditation review or suspension; and mandatory corrective action plans and staff retraining.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Power of Attorney Act is amended by adding Section 4-13 as follows:

(755 ILCS 45/4-13 new)

Sec. 4-13. Rights of patients.

(a) This Section guarantees the right of individuals to designate a health care agent ensuring that their medical decisions are respected and upheld, while protecting the autonomy, dignity, and rights of all patients, regardless of legal status, identity, or relationship structure, in all medical settings. Inspired by the lived experiences of patients and families who have been denied the right to advocate for their loved ones in times of crisis, this Section affirms that every person deserves equal protection and recognition in health care.

(b) As used in this Section:

"Designated representative" means a person chosen by the patient to make medical decisions on the patient's behalf. This may be a legally appointed health care agent as defined in Section 4-4 of the Illinois Power of Attorney Act, or, if applicable, a temporary surrogate authorized for specific health care situations. The representative may be a spouse, domestic partner, chosen family member, friend, or any trusted individual designated by the patient.

"Health care provider" has the same meaning as used in Section 4-4 of the Illinois Power of Attorney Act.

"Patient" means any individual receiving health care services, regardless of age, marital status, gender identity, or sexual orientation.

(c) Notwithstanding any other provision in the Illinois Power of Attorney Act, all individuals undergoing surgery, hospitalization, or any medical procedure have the right to execute a health care power of attorney in the event of incapacitation.

(1) Upon admission, all health care facilities must provide patients with a written opportunity to designate a representative or update their health care power of attorney. This designation must be clearly documented, signed, and acknowledged by the provider.

(2) The designated representative must be recorded in the patient's electronic health record and verified by attending medical personnel before performing any major procedure or making critical care decisions.

(3) No patient may be denied the right to designate a representative based on marital status. Protections must be extended equally to unmarried partners, long-term companions, and other individuals chosen by the patient, in recognition of diverse family structures.

(4) Regardless of insurance coverage, financial status, or pre-existing conditions, every patient has the right to designate a health care agent under a power of attorney at the time of admission.

(d) Patients and their designated representatives have the following rights:

(1) The right to receive clear, comprehensive information about proposed treatments, including risks, benefits, and alternatives, in a language and format they understand, before agreeing to any procedure.

(2) The right to view, request, and receive copies of all medical records, and the assurance of confidentiality in accordance with Health Insurance Portability and Accountability Act and related privacy laws.

(3) The right to appeal medical decisions, including denial of treatment, discharge, or transfer. Appeals may be filed through the health care provider's internal review board, a third-party medical ethics committee, or pursued through legal action, depending on the nature and urgency of the case.

(4) The right to request and receive a second opinion from another qualified medical professional or specialist, including those outside the treating facility, without fear of delay, retaliation, or obstruction.

(5) The right to medical interpretation services for patients or their agent who do not speak or understand English fluently, including access to certified medical translators and translated documents, at no cost to the patient.

(e) A Patient Rights and Advocacy Commission shall be established by the Illinois Department of Public Health to oversee implementation of this Section, monitor compliance by health care providers, and respond to violations. The Commission operates independently and must report annually to the General Assembly.

(f) Any health care provider found to be in violation of this Section is subject to disciplinary sanctions, which may include civil fines, suspension or revocation of professional licenses, facility accreditation review or suspension, and mandatory corrective action plans and staff retraining.

(g) Patients and their designated representatives have the right to seek legal remedies, including filing complaints with the Commission, initiating civil litigation for damages resulting from a violation, or requesting injunctive relief to prevent ongoing or future harm.

(h) Health care workers or administrative staff who report violations of patient rights under this Section are protected from retaliation, including termination, demotion, or professional blacklisting. Violations of this subsection may result in additional penalties for the institution or provider.

(i) A health care provider, facility, or affiliated staff may not deny care, delay treatment, or otherwise discriminate against a patient based on the identity, relationship, or legal status of their designated health care agent. The protections in this Section apply equally to spouses, unmarried partners, chosen family, friends, individuals and families, and any other persons lawfully designated by the patient, regardless of marital status, gender identity, sexual orientation, race, ethnicity, immigration status, or disability.

(j) Health care providers and institutions are strictly prohibited from retaliating against a patient, the patient's agent, or any representative for exercising rights under this Section. Retaliatory actions include, but are not limited to, denial or delay of care; dismissal from a medical practice; alteration of medical services or standards; or threats, intimidation, or harassment.

(k) Any act of discrimination or retaliation under this Section is grounds for disciplinary action, civil penalties, and potential revocation of licenses or certifications, as determined by the Commission.

(l) All licensed health care providers are required to conduct annual training for all medical, administrative, and support staff on patient rights under this Section, with a specific focus on recognition and respect of power of attorney designations, anti-discrimination and anti-retaliation policies, cultural competency and unconscious bias awareness, and how to properly document and honor power of attorney instructions in patient care protocols. Health care providers must certify completion of training to the Commission annually to remain in compliance.

(m) Patients and their designated representatives have the right to pursue legal action. Remedies may include civil litigation to recover damages, including emotional distress and wrongful death if applicable; injunctive relief to stop ongoing violations; reinstatement or correction of access to care or enforcement of a power of attorney.

(n) The Commission must monitor implementation of this Section, investigate formal complaints, and issue recommendations or corrective directives. The Commission shall be composed of legal, medical, and community representatives; maintain a confidential, publicly accessible complaint system; report annually to the General Assembly; refer egregious or unresolved cases to appropriate enforcement bodies for legal action.

(o) Health care institutions must cooperate fully with the Board's investigations and submit to audits or compliance reviews upon request. Noncompliance with a Commission investigation is a violation of this Section.

(p) The Department of Public Health is authorized to adopt rules necessary to implement this Act.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.