Illinois House Bill 295
Session 102nd
Prepaid Funeral/Burial
Active
Failed in House on Jan 10, 2023
Sponsors
2 Sponsors
Natalie A. Manley
Sara Feigenholtz
First Action
Jan 26, 2021
Latest Action
Jan 10, 2023
Origin Chamber
House
Type
Bill
Bill Number
295
State
Illinois
Session
102nd
checkPassed on April 22, 2021
Motion Text
Third Reading
House Roll Call Votes
Yes
Yes
Yes
Yes
Yes
Bennett
Yes
Yes
Absent
Yes
Yes
Collins
Yes
Costa Howard
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Harris
Yes
Hernandez, Barbara
Yes
Hernandez, Elizabeth
Yes
Yes
Other
Excused
Yes
Jones
Yes
Yes
Yes
Yes
Morrison
Yes
Murphy
Yes
Yes
Yes
Yes
Yes
Yes
Other
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Williams, Ann
Yes
Williams, Jawaharial
Yes
Yang Rohr
Yes
Summary
Amends the Illinois Insurance Code. Provides that no provision of the Illinois Insurance Code or any other law prohibits an insured under any policy of life insurance, or any other person who may be the owner of any rights under such policy, from making an irrevocable assignment of all or any part of his or her rights and privileges, not to exceed the purchase price of the prepaid burial contract, under the policy to a funeral home and to have an individual policy issued in accordance with specified provisions of the Illinois Insurance Code. Amends the Illinois Funeral or Burial Funds Act. Provides that nothing shall prohibit the purchaser of a life insurance policy or tax-deferred annuity contract for the purpose of funding a pre-need contract from irrevocably assigning ownership of the policy or annuity to a funeral home (rather than person) or trust for the purpose of obtaining favorable consideration for Medicaid, Supplemental Security Income, or another public assistance program, as permitted under federal law. Amends 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.
House Committee Amendment No. 1
Deletes reference to:
215 ILCS 5/245.3 new
225 ILCS 45/2a
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill but without the amendatory changes made to the Illinois Insurance Code and the Illinois Funeral or Burial Funds Act.
House Floor Amendment No. 2
Adds reference to:
215 ILCS 5/245.3 new
225 ILCS 45/1a
from Ch. 111 1/2, par. 73.101a
225 ILCS 45/2a
225 ILCS 45/2b new
Replaces everything after the enacting clause. 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.
Introduced
Engrossed
House Amendment 001
House Amendment 002
Sort by most recent
01/10/2023
House
Session Sine Die
05/21/2021
Senate
Rule 3-9(a) / Re-referred to Assignments
05/13/2021
Senate
To Licensed Activities- Special Issues
05/07/2021
Senate
Sponsor Removed Sen. Jacqueline Y. Collins
05/04/2021
Senate
Added as Alternate Co-Sponsor Sen. Jason A. Barickman
05/04/2021
Senate
Assigned to Licensed Activities
04/30/2021
Senate
Added as Alternate Co-Sponsor Sen. Karina Villa
04/29/2021
Senate
Added as Alternate Co-Sponsor Sen. John Connor
04/29/2021
Senate
Added as Alternate Co-Sponsor Sen. Adriane Johnson
04/29/2021
Senate
Added as Alternate Co-Sponsor Sen. Laura Fine
04/28/2021
Senate
Added as Alternate Co-Sponsor Sen. Jacqueline Y. Collins
04/28/2021
Senate
Added as Alternate Chief Co-Sponsor Sen. Jason Plummer
04/23/2021
Senate
Referred to Assignments
04/23/2021
Senate
First Reading
04/23/2021
Senate
Chief Senate Sponsor Sen. Sara Feigenholtz
04/23/2021
Senate
Placed on Calendar Order of First Reading
04/23/2021
Senate
Arrive in Senate
04/22/2021
House
Added Co-Sponsor Rep. Amy Grant
04/22/2021
House
House Floor Amendment No. 3 Tabled Pursuant to Rule 40
04/22/2021
House
Third Reading - Short Debate - Passed 114-000-002
04/22/2021
House
Placed on Calendar Order of 3rd Reading - Short Debate
04/22/2021
House
House Floor Amendment No. 2 Adopted
04/21/2021
House
House Floor Amendment No. 2 Recommends Be Adopted Insurance Committee; 015-000-000
04/21/2021
House
Held on Calendar Order of Second Reading - Short Debate
04/21/2021
House
Second Reading - Short Debate
04/21/2021
House
House Floor Amendment No. 3 Rules Refers to Insurance Committee
04/20/2021
House
House Floor Amendment No. 3 Referred to Rules Committee
04/20/2021
House
House Floor Amendment No. 3 Filed with Clerk by Rep. Natalie A. Manley
04/20/2021
House
House Floor Amendment No. 2 Rules Refers to Insurance Committee
04/16/2021
House
Added Co-Sponsor Rep. Joyce Mason
04/15/2021
House
Added Co-Sponsor Rep. Chris Miller
04/15/2021
House
House Floor Amendment No. 2 Referred to Rules Committee
04/15/2021
House
House Floor Amendment No. 2 Filed with Clerk by Rep. Natalie A. Manley
04/14/2021
House
Added Co-Sponsor Rep. Katie Stuart
03/18/2021
House
Placed on Calendar 2nd Reading - Short Debate
03/15/2021
House
Do Pass as Amended / Short Debate Insurance Committee; 014-005-000
03/15/2021
House
House Committee Amendment No. 1 Adopted in Insurance Committee; by Voice Vote
03/15/2021
House
Added Chief Co-Sponsor Rep. Anthony DeLuca
03/15/2021
House
Added Chief Co-Sponsor Rep. Jonathan Carroll
03/11/2021
House
House Committee Amendment No. 1 Rules Refers to Insurance Committee
03/10/2021
House
House Committee Amendment No. 1 Referred to Rules Committee
03/10/2021
House
House Committee Amendment No. 1 Filed with Clerk by Rep. Natalie A. Manley
02/23/2021
House
Assigned to Insurance Committee
01/29/2021
House
Referred to Rules Committee
01/29/2021
House
First Reading
01/26/2021
House
Filed with the Clerk by Rep. Natalie A. Manley
Sources
IL Legislature
Open States
Record Created
Jan 26, 2021 10:20:26 PM
Record Updated
Feb 1, 2023 7:47:31 AM