104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1865

 

Introduced 1/29/2025, 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

 

HB1865LRB104 10517 SPS 20592 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by adding Section 2HHHH as follows:
 
6    (815 ILCS 505/2HHHH new)
7    Sec. 2HHHH. Targeted insurance solicitations and sales.
8    (a) It is an unlawful practice within the meaning of this
9Act for any seller of accident insurance or health insurance
10to solicit individuals who are residents of a nursing home or
11long-term care facility or individuals who are over the age of
1265, unless the seller:
13        (1) does not require a purchasing decision in the
14    first communication to the potential enrollee;
15        (2) advises the potential enrollee of the benefit of
16    examining the potential enrollee's current insurance plan
17    and discussing any changes with a family member, friend,
18    or other advisor before making any decisions;
19        (3) provides a phone number that may be called if the
20    potential enrollee or the potential enrollee's family
21    members, friends, or other advisors have any questions;
22    and
23        (4) allows the potential enrollee to opt out of any

 

 

HB1865- 2 -LRB104 10517 SPS 20592 b

1    future communications with the seller.
2    (b) It is also an unlawful practice within the meaning of
3this Act for any seller or provider of accident insurance or
4health insurance to enter into or amend an insurance policy
5with a person who:
6        (1) is over the age of 65 and who has executed a power
7    of attorney to give another person authority over medical
8    decisions; or
9        (2) has a medical condition, such as dementia, that
10    would reduce the person's capacity to make informed
11    decisions independently.
12    This subsection does not apply to a new insurance policy
13or an amendment to an insurance policy that is agreed to by a
14person with a lawfully executed power of attorney relating to
15the enrollee or potential enrollee's health or financial
16matters.