Illinois General Assembly - Bill Status for HB1865

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.

Replaces everything after the enacting clause. 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.

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