IL HB0295 | 2021-2022 | 102nd General Assembly
Status
Spectrum: Slight Partisan Bill (Democrat 10-4)
Status: Engrossed on April 22 2021 - 50% progression, died in committee
Action: 2021-05-21 - Rule 3-9(a) / Re-referred to Assignments
Pending: Senate Assignments Committee
Text: Latest bill text (Engrossed) [HTML]
Status: Engrossed on April 22 2021 - 50% progression, died in committee
Action: 2021-05-21 - Rule 3-9(a) / Re-referred to Assignments
Pending: Senate Assignments Committee
Text: Latest bill text (Engrossed) [HTML]
Summary
Amends the Illinois Insurance Code. Provides that an insured or any other person who may be the owner of rights under a policy of life insurance may make an irrevocable assignment of all or a part of his or her rights under the policy to a funeral home in accordance with a specified provision of the Illinois Funeral or Burial Funds Act. Provides that a policy owner who executes a designation beneficiary form irrevocably waives and cannot exercise certain rights, including the right to collect from the insurance company the net proceeds of the policy when it becomes a claim by death and the right to collect or receive income, distributions, or shares of surplus, dividend deposits, refunds of premium, or additions to the policy. Amends the Illinois Funeral or Burial Funds Act. In a provision concerning pre-need contracts funded through the purchase of a life insurance policy or tax-deferred annuity contract, provides that nothing shall prohibit the purchaser from irrevocably assigning ownership of the policy or annuity to a person or trust or from irrevocably assigning the benefits of the policy or annuity to a funeral home for the purpose of obtaining favorable consideration for Medicaid, Supplemental Security Income, or another public assistance program. Provides that the form prepared by the Department of Healthcare and Family Services or by the insurance company shall provide for an irrevocable designation of beneficiary of one or more life insurance policies. Requires the insured or any other person who may be the owner of rights under the policy of whole life insurance to sign a guaranteed pre-need contract with the provider that describes the cost of the funeral goods and services to be provided upon the person's death, up to $6,774, in addition to the purchase of burial spaces as defined under the Act. Requires the licensee to annually report certain information to the Comptroller. Requires the proceeds of the life insurance policy to be paid to the provider and disbursed in a certain order upon the death of the insured. Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision requiring the Department of Healthcare and Family Services to exempt certain prepaid funeral or burial contracts from consideration when making an eligibility determination for medical assistance, provides that at any time after submitting an application for medical assistance and before the Department makes a final determination of eligibility, an applicant may use available resources to purchase one of the exempted prepaid funeral or burial contracts. Exempts up to $6,774 (rather than $5,874) in funds under an irrevocable prepaid funeral or burial contract when determining an individual's resources and eligibility for medical assistance. Provides that existing life insurance policies are exempt if there has been an irrevocable declaration of proceeds at the death of the insured. Requires the insured person to sign an irrevocable designation of beneficiary form declaring that any amounts payable from the policies not used for funeral goods and services shall be received by the State up to an amount equal to the total medical assistance paid on behalf of the person with any remaining funds paid to a secondary beneficiary (if any) listed on the policy.
Title
PREPAID FUNERAL/BURIAL
Sponsors
Roll Calls
2021-04-22 - House - Third Reading in House (Y: 114 N: 0 NV: 2 Abs: 1) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2021-05-21 | Senate | Rule 3-9(a) / Re-referred to Assignments |
| 2021-05-13 | Senate | To Licensed Activities- Special Issues |
| 2021-05-07 | Senate | Sponsor Removed Sen. Jacqueline Y. Collins |
| 2021-05-04 | Senate | Added as Alternate Co-Sponsor Sen. Jason A. Barickman |
| 2021-05-04 | Senate | Assigned to Licensed Activities |
| 2021-04-30 | Senate | Added as Alternate Co-Sponsor Sen. Karina Villa |
| 2021-04-29 | Senate | Added as Alternate Co-Sponsor Sen. John Connor |
| 2021-04-29 | Senate | Added as Alternate Co-Sponsor Sen. Adriane Johnson |
| 2021-04-29 | Senate | Added as Alternate Co-Sponsor Sen. Laura Fine |
| 2021-04-28 | Senate | Added as Alternate Co-Sponsor Sen. Jacqueline Y. Collins |
| 2021-04-28 | Senate | Added as Alternate Chief Co-Sponsor Sen. Jason Plummer |
| 2021-04-23 | Senate | Referred to Assignments |
| 2021-04-23 | Senate | First Reading |
| 2021-04-23 | Senate | Chief Senate Sponsor Sen. Sara Feigenholtz |
| 2021-04-23 | Senate | Placed on Calendar Order of First Reading |
| 2021-04-23 | Senate | Arrive in Senate |
| 2021-04-22 | House | Added Co-Sponsor Rep. Amy Grant |
| 2021-04-22 | House | House Floor Amendment No. 3 Tabled Pursuant to Rule 40 |
| 2021-04-22 | House | Third Reading - Short Debate - Passed 114-000-002 |
| 2021-04-22 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 2021-04-22 | House | House Floor Amendment No. 2 Adopted |
| 2021-04-21 | House | House Floor Amendment No. 2 Recommends Be Adopted Insurance Committee; 015-000-000 |
| 2021-04-21 | House | Held on Calendar Order of Second Reading - Short Debate |
| 2021-04-21 | House | Second Reading - Short Debate |
| 2021-04-21 | House | House Floor Amendment No. 3 Rules Refers to Insurance Committee |
| 2021-04-20 | House | House Floor Amendment No. 3 Referred to Rules Committee |
| 2021-04-20 | House | House Floor Amendment No. 3 Filed with Clerk by Rep. Natalie A. Manley |
| 2021-04-20 | House | House Floor Amendment No. 2 Rules Refers to Insurance Committee |
| 2021-04-16 | House | Added Co-Sponsor Rep. Joyce Mason |
| 2021-04-15 | House | Added Co-Sponsor Rep. Chris Miller |
| 2021-04-15 | House | House Floor Amendment No. 2 Referred to Rules Committee |
| 2021-04-15 | House | House Floor Amendment No. 2 Filed with Clerk by Rep. Natalie A. Manley |
| 2021-04-14 | House | Added Co-Sponsor Rep. Katie Stuart |
| 2021-03-18 | House | Placed on Calendar 2nd Reading - Short Debate |
| 2021-03-15 | House | Do Pass as Amended / Short Debate Insurance Committee; 014-005-000 |
| 2021-03-15 | House | House Committee Amendment No. 1 Adopted in Insurance Committee; by Voice Vote |
| 2021-03-15 | House | Added Chief Co-Sponsor Rep. Anthony DeLuca |
| 2021-03-15 | House | Added Chief Co-Sponsor Rep. Jonathan Carroll |
| 2021-03-11 | House | House Committee Amendment No. 1 Rules Refers to Insurance Committee |
| 2021-03-10 | House | House Committee Amendment No. 1 Referred to Rules Committee |
| 2021-03-10 | House | House Committee Amendment No. 1 Filed with Clerk by Rep. Natalie A. Manley |
| 2021-02-23 | House | Assigned to Insurance Committee |
| 2021-01-29 | House | Referred to Rules Committee |
| 2021-01-29 | House | First Reading |
| 2021-01-26 | House | Filed with the Clerk by Rep. Natalie A. Manley |
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 215 | 5 | 245.3 | New Code | See Bill Text |
| 225 | 45 | 2a | Amended Code | Citation Text |
| 305 | 5 | 3-1.2 | Amended Code | Citation Text |
