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Illinois General Assembly· HB 1865Governor Approved

FRAUD-TARGETED INSURANCE SALES, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Illinois General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
HB1865 Enrolled                     LRB104 10517 SPS 20592 b

1   AN ACT concerning business.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Illinois Insurance Code is amended by

5 changing Section 424 and by adding Section 427.5 as follows:

6   (215 ILCS 5/424) (from Ch. 73, par. 1031)

7   Sec. 424. Unfair methods of competition and unfair or

8 deceptive acts or practices defined. The following are hereby

9 defined as unfair methods of competition and unfair and

10 deceptive acts or practices in the business of insurance:

11  (1) The commission by any person of any one or more of

12  the acts defined or prohibited by Sections 134, 143.24c,

13  147, 148, 149, 151, 155.22, 155.22a, 155.42, 236, 237,

14  364, 469, and 513b1 of this Code.

15  (2) Entering into any agreement to commit, or by any

16  concerted action committing, any act of boycott, coercion

17  or intimidation resulting in or tending to result in

18  unreasonable restraint of, or monopoly in, the business of

19  insurance.

20  (3) Making or permitting, in the case of insurance of

21  the types enumerated in Classes 1, 2, and 3 of Section 4,

22  any unfair discrimination between individuals or risks of

23  the same class or of essentially the same hazard and
    HB1865 Enrolled         -2-    LRB104 10517 SPS 20592 b

1   expense element because of the race, color, religion, or

2   national origin of such insurance risks or applicants. The

3   application of this Article to the types of insurance

4   enumerated in Class 1 of Section 4 shall in no way limit,

5   reduce, or impair the protections and remedies already

6   provided for by Sections 236 and 364 of this Code or any

7   other provision of this Code.

8   (4) Engaging in any of the acts or practices defined

9   in or prohibited by Sections 154.5 through 154.8 of this

10  Code.

11  (5) Making or charging any rate for insurance against

12  losses arising from the use or ownership of a motor

13  vehicle which requires a higher premium of any person by

14  reason of his physical disability, race, color, religion,

15  or national origin.

16  (6) Failing to meet any requirement of the Unclaimed

17  Life Insurance Benefits Act with such frequency as to

18  constitute a general business practice.

19  (7) Soliciting either an individual who is a resident

20  of a nursing home or long-term care facility or an

21  individual who is over the age of 65 to purchase accident

22  or health insurance, unless the person who is selling the

23  insurance:

24         (A) advises the potential enrollee of the benefit

25  of examining the potential enrollee's current

26  insurance        plan,  discusses        all  proposed
    HB1865 Enrolled         -3-          LRB104 10517 SPS 20592 b

1   insurance-related changes with a family member,

2   friend, or other advisor of the potential enrollee,

3   and then waits 48 hours before making any

4   insurance-related changes concerning the potential

5   enrollee;

6   (B) provides a phone number that may be called if

7   the potential enrollee or the potential enrollee's

8   family members, friends, or other advisors have any

9   questions; and

10  (C) allows the potential enrollee to opt out of

11  any future communications with the person.

12  (8) Entering into or amending an accident or health

13  insurance policy with an individual who is over the age of

14  65 and who has executed a health care power of attorney or

15  has a medical condition, such as dementia, that reduces

16  the person's capacity to make informed decisions

17  independently, unless the potential enrollee's agent under

18  a health care power of attorney executes the agreement and

19  the agreement is reduced to writing.

20 (Source: P.A. 102-778, eff. 7-1-22.)

21  (215 ILCS 5/427.5 new)

22  Sec. 427.5. Unfair and deceptive agreements voidable by

23 the Director. If, after a hearing under Section 426, the

24 Director determines that a person has violated paragraph (7)

25 or (8) of Section 424, the Director may declare void and
   HB1865 Enrolled           -4-      LRB104 10517 SPS 20592 b

1 unenforceable any agreement or policy of insurance solicited,
2 entered into, or amended as a result of that violation.

3  Section 10. The Consumer Fraud and Deceptive Business

4 Practices Act is amended by adding Section 2HHHH as follows:

5  (815 ILCS 505/2HHHH new)

6  Sec. 2HHHH. Disruptive changes to a nursing home resident.

7 It is an unlawful practice within the meaning of this Act for a

8 nursing home or long-term care facility to make substantive

9 changes likely to be disruptive to a resident or move a

10 resident's place of living without prior approval from a

11 family member, guardian, or power of attorney of the resident

12 if the resident suffers from dementia or suffers from a

13 medical condition that reduces the resident's capacity to make

14 informed decisions independently.
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