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Guardian Bulletin July 2022

summer july 2022 Guardian Bulletin
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We are proud to present our Summer Editionof the Guardian Bulletin.

We are proud to present our Summer Edition of the Guardian Bulletin's first ever hybrid Conference. There were approximately 40 in-person attendees and 70 virtual attendees. I understand there were some technical issues during this first hybrid attempt but appreciate all of the volunteer efforts put into providing this as an option to attend the conference.

Please keep an eye on the Upcoming Events tab on our public website. Due to construction, the IGA was unable to reserve the space typically used to host the in-person conference in Chicago for the fall conference. The Continuing Education Committee is planning to provide webinars due to this. The Committee is already planning the topics and speakers.

The fall events will be offered as online only. Specialthanks go out to our Continuing Education Committee members for all their hard work: Erin Nowlan, Teresa Parks, Sherri Rudy, Rhonda Benner, Karen Kloppe, Ellen Byron, Dan Deneen and Ruth Robinson.

The National Guardianship Association has announced its Annual Conference in Dallas, Texas, October 22-25. Our President Elect, Teresa Parks, will be presenting at the conference with Dr. Mary Milano, Executive Director of IGAC, at a breakout entitled: “From Protection to Autonomy: Changing the Trajectory of Adult Guardianship.”

Our newly designed website continues to attract new members to the IGA. Check us out at Please feel free to submit questions or comments via the Contact Us link.

Kathy Eddy, President

Illinois Guardianship Association

Illinois Supreme Court Appoints IGA Members to Newly Created Commission

The IGA would like to recognize and congratulate the following IGA members: Kathy Eddy President Illinois Guardianship Association, John Brown Public Guardian Champaign County, Sharon Rudy Public Guardian & Administrator Ogle, Stephenson and Jo Daviess Counties on their appointment to the newly established Illinois Supreme Court Commission on Elder Law. The IGA would also like to highlight the appointment of IGA member and Illinois Guardianship & Advocacy Commission Executive Director Dr. Mary L. Milano. The purpose of the commission is to study and improve services at the state court level for seniors in Illinois. If you are curious to learn more about the commission and the other members serving, find the Illinois Courts website with the public announcement here: News | Office of the Illinois Courts

Special thanks to Guardian Bulletin Committee member, Karen Kloppe for compiling a list of newly enactedlegislation.

New Enactments listed below

Those serving as a guardian or handling proceedings relating to guardianship cases may be interested in reviewing the following legislative summaries:

Amendments to the Illinois Notary Public Act (5 ILCS 312)

· Senate Bill 2644 Public Act 102-0160 (effective July 1, 2022,and as

Addresses electronic notarization and related certification and recording requirements. Also Addresses electronic notarization and related certification and recording requirements. Also updates various application requirements, functions, and responsibilities for electronic notaries public. Makes conforming changes to the Uniform Real Property Electronic Recording Act (765 ILCS 33) and other Acts.

Amendments to the State Treasurer Act (15 ILCS 505)

· Senate Bill 3786 Public Act 102-1024 (effective May 27, 2022)

Indicates that a person or entity (rather than a designated representative) seeking to open an ABLE account on behalf of a designated beneficiary must provide certification of the basis for authority to take such action.

· Senate Bill 3490 Public Act 102-0885 (effective May 16, 2022)

Expands membership composition of the Council on Aging to serve underrepresented communities. Creates the Illinois Commission on LGBTQ Aging to investigate, analyze, and study the health, housing, financial, psychosocial, home-and-community-based services, assisted living, and long-term care needs of LGBTQ older adults and their caregivers. Requires the Director of the Department on Aging to designate an LGBTQ Advocate. Establishes an LGBTQ Older Adult Curriculum and Training Program for contracted and funded service providers of the Department.

· Senate Bill 0702 Public Act 102-0986 (effective May 27, 2022)

Establishes a Senior Housing Residents’ Advisory Council within the Department on Aging to (!) identify barriers to seniors feeling supported by and connected to their communities; (2) evaluate available resources and services for seniors; (3) evaluate State outreach to seniors; and (4) evaluate the impact of COVID-19on congregate living arrangements for seniors and submit written reports to the Governor and the General Assembly no later than December 31 in 2023, 2024, and 2025.

Amendments to the Substance Use Disorder Act (20 ILCS 301)

· House Bill 4700 Public Act 102-0699 (effective April 19, 2022) Link:

Creates an Office of Opioid Settlement Administration within the Department of Human Services. Also establishes the FY 2023 Budget Implementation Act and amends other Acts

Amendments to the Department of Human Services Act (20 ILCS 1305)

Senate Bill 4025 Public Act 102-0883 (effective May 13, 2022)

Addresses reporting of substantiated allegations of physical or sexual abuse, financial exploitation, or egregious neglect of an individual participating in programs or receiving services offered by community agencies, human services agencies, community agencies, or State-operated mental health facilities and developmental disabilities facilities under the authority of the Department of Human Services. Directs the Inspector General to report findings involving agency/facility employees to the HealthCare Worker Register at the Department of Public Health except in instances when the Secretary of Human Services has agreed to a stipulated disposition that does not require reporting. Amendments to the Department of Public HealthPowers and DutiesLaw of the Civil Administrative Code of Illinois (20 ILCS 2310) · House Bill 4388 Public Act 102-0772 (effective May 13, 2022) Link: 0772&print=true&write= Adds specified guidelines concerning continuing training on Alzheimer’s disease and other dementias for Emergency Medical Services (EMT) personnel for license renewalsoccurring on or after January 1, 2023. Amendments to the Rehabilitation of Persons with Disabilities Act (20 ILCS 2405) · Senate Bill 3132 PublicAct 102-0826 (effective May 13, 2022) Link: 0826&print=true&write= Directs the Department of Human Services to allow a spouse to serve as a provider of personal care or similar services upon federal approval under the Home Services Program. Amendments to the Illinois IncomeTax Act (35 ILCS 5) · House Bill 5142 Public Act 102-0799 (effective May 13, 2022) Link: 0799&print=true&write= Requires addition of space on individual income tax return forms so individuals can indicate consent for the Department of Revenue to share income information with other State agencies for health insurance eligibility determinations for tax years ending on or after December 31, 2022. Provides for collaboration between the Department of Revenue, the Department of Healthcare and Family Services, and the Department of insurance relating to distribution of letters describing health insurance enrollment options when the State health benefits exchange is not operational as of January 1 of a calendar year. Directs the State health benefits exchange to use income information to assess an individual’s eligibility for Medicaid and health insurance premium tax credits. Amendments to the Specialized Mental Health Rehabilitation Act of 2013 (210 ILCS 49) · Senate Bill 3617 Public Act 102-1053 (effective June 10, 2022)

Link: Adds a definition for the term “Advanced Practice Registered Nurse” and indicates that this type of professional or a physicianmay conduct any required psychiatric visit to a consumer underthe Act. Also amends other Acts. Amendments to the Illinois Insurance Code (215 ILCS 5) · House Bill 4979 Public Act 102-0959 (effective May 27, 2022) Link: 0959&print=true&write= 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 for the purpose of obtaining favorable consideration for Medicaid, Supplemental Security Income, or another public assistance program, which corresponds with revisions in a specified provision under the Illinois Funeral or Burial Funds Act. Also amends the Aid to the Aged, Blind or Disabled Article of the Illinois Public Aid Code by permitting available resource to be used for a prepaid funeral or burial contract at any time prior to or after submission of an application for medical assistance but before a final eligibility determination is reached. Provides that existing life insurance policies are exempt for purposes of such eligibility determinations if there has been an irrevocable assignment in compliance with a specified provision under the Illinois Funeral or Burial Funds Act. Amendments to the Illinois Public Aid Code (305 ILCS 5) · House Bill 0246 Public Act 102-1035 (effective May 31, 2022) Link: Deals with nursing home rate reform in Illinois. Establishes reimbursement methodology for nursing services based on a Patient Driven Payment Model (PDPM) under the Medical Assistance Article. Sets forth a schedule for occupied bed tax amounts assessed to long-term care providers under the Long-Term Care Provider Funding Article. Repeals Article5-E, Nursing Home License Fee, on July 1, 2024. Also makes other changes. · House Bill 4343 Public Act 102-1037 (effective June 2, 2022) Link: Provides for an immediate increase in the monthly allowance for the community spouse from $2,739 to $3,435 per month, the maximum amount that is now allowed under federal law without affecting the nursing home spouse’s Medicaid application. Subsequent increases in the community spouse resource allowance will be at a rate of 2.5% per year for the next ten years and the resource

allowance will thereafter track with the maximum federal allowance for future increases. Allows community spouses to receive any additional increases in the resource allowance that is permitted under federal law during these ten years. Directs the Department of Healthcare and Family Servicesto seek a State Plan amendment or any federal waivers or approvals necessaryto make changes to the medical assistance redetermination process by allowingall people withoutincome to be considered for ex parte redeterminations using anasset verification system for seniorsand persons with disabilities. Also requires the Department of Healthcare and Family Servicesto waive estate recovery under the MedicalAssistance Program where recovery would not be cost-effective, would work an undue hardship, or for any other just reason. Directs the Department of Healthcare and Family Services to file rules relating to approval of ground ambulance serviceswhen the sole purpose of the transportis for the navigation of stairs or assisting or lifting a patient at a medical facility or during a medical appointment in instances where the Department or a contracted Medicaid managed care organization or their transportation broker is unable to secure other transportation services. Permits the Department of Healthcare and Family Services to provide medical services to noncitizens 42 years of age through 54 years of age beginning July 1, 2022 (rather than May 1, 2023). Also amends other Acts. Note: Also see House Bill 4979/Public Act 102-0959 under Amendments to the Illinois Insurance Code. Amendments to the Medical Patient Rights Act (410 ILS 50) · Senate Bill 1405 Public Act 102-0989 (effective May 27, 2022) Link: 0989&print=true&write= Addresses visitation rights for patients/residents in health care facilities (including a skilled nursing home, an extended care facility, or an intermediate care facility) under a gubernatorial disaster declaration; an outbreak or epidemic of a communicable disease; and instances constituting a danger to the physical health or safety of those individuals or health care workers. Amendments to the Stalking No Contact Order Act (740 ILCS 21), the Civil No Contact Order Act (740ILCS 22), and the Illinois Domestic Violence Act of 1986 (750 ILCS 60) · Senate Bill 3157 Public Act 102-0831 (effective May 13, 2022) Link: 0831&print=true&write=

Limits access to emergency petitions/orders and filesto the court, law enforcement, petitioner, specified advocates, counsel of record for the parities, and the State’sAttorney until service on the respondent in the case

Amendments to the Health Care Surrogate Act (755 ILCS 40)

· Senate Bill 2974 Public Act 102-0744 (effective May 6, 2022)

Reconciles changes in definitions for the terms “attending physician”, “health care provider”, “qualified health care practitioner”, “qualifying condition”, and “physician” that were made by Public Acts 102-140 and 102-182.

Amendments to the Revised Uniform Unclaimed Property Act (765 ILCS 1026)

· Senate Bill 3174 Public Act 102-0835 (effective May 13, 2022)

Allows the State Treasurer to deliver property or pay an amount owing that is value dat $5,000 or less (rather than $2,000) without an apparent owner being required to file a claim. Indicates that an heir or agent may submit an affidavit attesting to their capacity to files an unclaimed property claim (in lieu of certified copy of the will) when the decedent’s property does not exceed $250 (rather than $100). Makes other related changes.

A future article will address laws taking effect on January 1, 2023.



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