Bill Status of HB 4276   103rd General Assembly

Short Description:  LIFE CARE FACILITY-DISCLOSURES

House Sponsors
Rep. Janet Yang Rohr-Michelle Mussman-Maura Hirschauer-Jennifer Gong-Gershowitz-Robyn Gabel, Suzanne M. Ness, Theresa Mah and Terra Costa Howard

Senate Sponsors
(Sen. Laura Ellman)


Last Action  View All Actions

DateChamber Action
  8/9/2024HousePublic Act . . . . . . . . . 103-0812

Statutes Amended In Order of Appearance
210 ILCS 40/5from Ch. 111 1/2, par. 4160-5

Synopsis As Introduced
Amends the Life Care Facilities Act. Provides that the financial disclosure provided to a resident must include, but is not limited to, fee schedules; fee adjustment policies; the history of fee increases; reserve funding provisions; expected source of funding for the development of new facilities; refund policies; and the status of resident claims on assets if the facility were to fall into bankruptcy or insolvency (instead of only a disclosure of short-term assets and liabilities). Provides that the required financial disclosures shall also be posted in a conspicuous location in the facility to which residents must have access.

House Committee Amendment No. 1
Adds reference to:
210 ILCS 40/5.1 new
210 ILCS 40/5.2 new

Replaces everything after the enacting clause. Amends the Life Care Facilities Act. Adds provisions requiring certain pre-sale disclosures. Specifies that if an unoccupied living unit is to be reappropriated and if there are beneficiaries awaiting an entry fee refund, then the beneficiaries of the entry fee refund must provide a signed acknowledgment of and agreement to the reappropriation.

House Floor Amendment No. 2
Adds reference to:
210 ILCS 40/5.1 new
210 ILCS 40/5.2 new

Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1 with the following changes. Clarifies that the pre-sale disclosure requirements apply only to life care contracts that are subject to refund. Provides that, upon request, current residents, former residents awaiting refunds, and the estates of former residents awaiting refunds shall be provided with the most recent entry fee refund disclosures. Provides that, if a payee for an entry fee refund cannot be determined, for purposes of calculating the data required in the pre-sale disclosure, a refund shall be considered complete when a new resident occupies the living unit.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes. Provides that, for the purpose of determining the time a refund is due, the start time of the refund begins after the unit has been permanently vacated, returned to resalable condition, and the outgoing resident has a zero balance due, excluding outstanding balances to be payable by outside payors, including, but not limited to, Medicare, Medicaid, Managed Medicare, or within 30 days of the unit being permanently vacated and the outgoing resident has a zero balance due, whichever is shorter. Provides that refund delays due to estate factors outside of the community's control are not included in the outstanding refunds to be disclosed.

Senate Floor Amendment No. 2
Provides that failure to provide the pre-sale disclosure may result in a minimum monetary penalty of $500 at the discretion of the Department of Public Health. Allows the Department to adopt rules to enforce the provisions and provide for factors to be considered when imposing monetary penalties and for repeat violations of the provisions.

Actions 
DateChamber Action
  12/18/2023HouseFiled with the Clerk by Rep. Janet Yang Rohr
  1/16/2024HouseAdded Chief Co-Sponsor Rep. Michelle Mussman
  1/16/2024HouseAdded Chief Co-Sponsor Rep. Maura Hirschauer
  1/16/2024HouseFirst Reading
  1/16/2024HouseReferred to Rules Committee
  1/31/2024HouseAssigned to Health Care Licenses Committee
  2/22/2024HouseAdded Chief Co-Sponsor Rep. Jennifer Gong-Gershowitz
  2/22/2024HouseAdded Chief Co-Sponsor Rep. Robyn Gabel
  2/22/2024HouseAdded Co-Sponsor Rep. Suzanne M. Ness
  3/20/2024HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Janet Yang Rohr
  3/20/2024HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/27/2024HouseHouse Committee Amendment No. 1 Rules Refers to Health Care Licenses Committee
  4/3/2024HouseHouse Committee Amendment No. 1 Adopted in Health Care Licenses Committee; by Voice Vote
  4/3/2024HouseDo Pass as Amended / Short Debate Health Care Licenses Committee; 007-004-000
  4/3/2024HousePlaced on Calendar 2nd Reading - Short Debate
  4/15/2024HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Janet Yang Rohr
  4/15/2024HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/16/2024HouseHouse Floor Amendment No. 2 Rules Refers to Health Care Licenses Committee
  4/17/2024HouseHouse Floor Amendment No. 2 Recommends Be Adopted Health Care Licenses Committee; 012-000-000
  4/17/2024HouseAdded Co-Sponsor Rep. Theresa Mah
  4/17/2024HouseAdded Co-Sponsor Rep. Terra Costa Howard
  4/17/2024HouseSecond Reading - Short Debate
  4/17/2024HouseHeld on Calendar Order of Second Reading - Short Debate
  4/18/2024HouseHouse Floor Amendment No. 2 Adopted
  4/18/2024HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/18/2024HouseThird Reading - Short Debate - Passed 109-000-000
  4/19/2024SenateArrive in Senate
  4/19/2024SenatePlaced on Calendar Order of First Reading
  4/19/2024SenateChief Senate Sponsor Sen. Laura Ellman
  4/19/2024SenateFirst Reading
  4/19/2024SenateReferred to Assignments
  4/30/2024SenateAssigned to Judiciary
  4/30/2024SenateRule 2-10 Committee Deadline Established As May 10, 2024
  5/10/2024SenateRule 2-10 Committee Deadline Established As May 17, 2024
  5/14/2024SenatePostponed - Judiciary
  5/16/2024SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Laura Ellman
  5/16/2024SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/17/2024SenateRule 2-10 Committee Deadline Established As May 24, 2024
  5/20/2024SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/21/2024SenateSenate Committee Amendment No. 1 Adopted
  5/21/2024SenateDo Pass as Amended Judiciary; 007-000-000
  5/21/2024SenatePlaced on Calendar Order of 2nd Reading May 21, 2024
  5/21/2024SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Laura Ellman
  5/21/2024SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/21/2024SenateRule 2-10 Third Reading/Passage Deadline Established As May 24, 2024
  5/22/2024SenateSecond Reading
  5/22/2024SenatePlaced on Calendar Order of 3rd Reading May 23, 2024
  5/23/2024SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  5/23/2024SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 008-000-000
  5/24/2024SenateRecalled to Second Reading
  5/24/2024SenateSenate Floor Amendment No. 2 Adopted; Ellman
  5/24/2024SenatePlaced on Calendar Order of 3rd Reading
  5/24/2024SenateThird Reading - Passed; 059-000-000
  5/24/2024HouseArrived in House
  5/24/2024HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
  5/24/2024HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Janet Yang Rohr
  5/24/2024HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Janet Yang Rohr
  5/24/2024HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/24/2024HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/24/2024HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Health Care Licenses Committee
  5/24/2024HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Health Care Licenses Committee
  5/25/2024HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Health Care Licenses Committee; 012-000-000
  5/25/2024HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Health Care Licenses Committee; 012-000-000
  5/25/2024HouseSenate Committee Amendment No. 1 House Concurs 105-000-000
  5/25/2024HouseSenate Floor Amendment No. 2 House Concurs 105-000-000
  5/25/2024HouseHouse Concurs
  5/25/2024HousePassed Both Houses
  6/21/2024HouseSent to the Governor
  8/9/2024HouseGovernor Approved
  8/9/2024HouseEffective Date January 1, 2025
  8/9/2024HousePublic Act . . . . . . . . . 103-0812

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