HB1865: FRAUD-TARGETED INSURANCE SALES

Legislative Summary

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.