Macon Reporter

Sue Scherer introduced HB1865 in the Illinois House on Jan. 29, 2025, during the general assembly session 104, according to the Illinois General Assembly.

According to the Illinois General Assembly site, the legislature summarized the bill's official text as follows: "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."

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill amends the Illinois Insurance Code and the Consumer Fraud and Deceptive Business Practices Act to address unfair practices in the insurance industry and protect nursing home residents. It defines certain acts as unfair and deceptive, including discrimination in insurance rates and soliciting vulnerable individuals, such as nursing home residents or individuals over age 65, without proper advisement and consent. Insurers must wait 48 hours before making changes and provide an opt-out option for future communications. The bill also allows the Director to void agreements violating these provisions after a hearing. Additionally, nursing homes cannot make substantive disruptive changes to a resident's living arrangements without approval from an authorized representative, particularly for residents with dementia or reduced decision-making capacity. The effective date is July 1.

Sue Scherer has proposed one other bill since the beginning of the 104th session.

Scherer graduated from Illinois State University with a BS.

Sue Scherer is currently serving in the Illinois State House, representing the state's 96th House District. She replaced previous state representative Darlene Senger in 2013.

Bills in Illinois follow a multi-step legislative process, beginning with introduction in either the House or Senate, followed by committee review, floor debates, and votes in both chambers before reaching the governor for approval or veto. The General Assembly operates on a biennial schedule, and while typically thousands of bills are introduced each session, only a fraction successfully pass through the process to become law.

You can read more about bills and other measures here.

Bill Number	Date Introduced	Short Description
HB1865	01/29/2025	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.
HB1852	01/28/2025	Amends the Illinois Horse Racing Act of 1975. Removes provision stating that no organization licensee conducting its race meeting in a county bordering the Mississippi River and having a population greater than 230,000 may be a host track for its race meeting. Makes changes in provisions regarding organizations that may not conduct a horse race meeting, the standardbred racetrack in Cook County, the application for an organization license, and wagering. Adds provisions concerning the standardbred racetrack in Macon County. Effective immediately.