New Laws for 2018




















New Laws

A number of new laws go into effect January 1, 2018. Monahan Law Group, LLC compiled the list below with brief explanations of laws that may affect you, along with a few that recently went into effect. Unless otherwise noted, each law goes into effect 1/1/2018. Furthermore, this list is not exhaustive and does not provide complete information.

Probate and Guardianship

PA 100-0229 (SB 883)  Allows children born within 36 months of the death of a parent to inherit from the deceased parent if the child was born with the decedent's consent subject to specific requirements.

PA 100-0427 (SB 1319)  Allows people to testify via video conferencing in adult guardianship hearings if all parties approve. Amends Notice of Rights of Respondent.

PA 100-0543 (HB 302)  Requires insurance companies to periodically check any unclaimed life insurance policies against a state death registry to ensure families are receiving their due life insurance payouts.

PA 100-0483 (HB 2665)  Create a guardianship training program for private individual guardians. The program must be free and is limited to counties of fewer than 3 million residents. Allows governor to designate the Office of State Guardian as interim public guardian to fill vacancies in county with population of 500,000 or less. Affective September 8, 2018.

PA 100-0526 (HB 3488) amends the disposition of remains of the indigent act to provide for any recognize religious, civic, community, or fraternal organization willing to assume legal and financial responsibility of the decedents remains the right to control the disposition of the remains. Lists such organization in priority after the surviving next of kin. Effective June 1, 2018.

PA 100-0478 (HB2516)  Provides a separate award under the Probate Act of at least $5,000 for an adult dependent child. This would apply to adult children who were financially dependent and resided with the decedent and who may become a public charge. Currently (prior to 2018) adult dependent children are treated the same as minor children.

Estate Planning

Federal Limits

The federal annual exclusion gift amount increases to $15,000 per person for 2018.

The federal estate tax exemption increases to $5,500,000 for 2018.

Mental Health

PA 100-0247  (HB 375) Requires education of all law enforcement officers on mental health systems and illnesses. Requires the Illinois Law Enforcement Training Standards Board to create a course on mental health awareness including recognizing mental crises which require an immediate response.

PA 10-0184 (HB 3502)  Creates the Advisory Council on Early Identification and Treatment of Mental Health Conditions Act to look into ways to implement statewide early identification and treatment of mental health conditions.

PA 100-0027 (HB 649)  Creates a formal process for the county sheriff and DHS to handle the custody of defendants found either unfit to stand trial or found not guilty by reason of insanity.

PA 100-0384 (HB 2897)  Allows the Helping Paws Service Dog Program to also train service dogs for veterans with Post Traumatic Stress Disorder (PTSD) or depression.

PA 100-0184 (HB 3502)  Creates the Advisory Council on Early Identification and Treatment of Mental Health Conditions, which is required to develop a set of recommendations and an action plan to address the barriers to early and regular screening of mental health conditions in children and young adults in Illinois.

PA 100-0196 (HB 3709)  Increases the number and length of counseling sessions available to minors 12 years old and older without having to receive prior consent from a guardian from five 45 minute sessions to eight 90 minute sessions. Sets forth how the service provider should determine whether or not to seek the consent of the parent or guardian.

PA 100-0360 (HB 1785) Permits a birth certificates to be changed for a transgender person with a declaration from a licensed healthcare professional or a licensed mental health professional who has treated or evaluated the person stating that the birth record should be change.

PA 100-0414 (SB 768) Amends the Clinical Social Work and Social Work Practice Act, including grounds for discipline and discipline hearing process.  Effective August 25, 2017.

PA 100-0372 (HB 2577)  Amends the Marriage and Family Therapy Licensing Act, including grounds for discipline and discipline hearing process.

PA 100-0356 (HB 826) Adds the nationally recommended evidence-based student-to-school social worker standard ratio of 250:1. Adds language to Articles 10 (School Boards) and 34 (Chicago Public Schools) regarding school social work services to clarify that school social workers are qualified to provide services to the general student population and school support staff in addition to students with disabilities. Currently the term school social worker only appears in Article 14 (Students with Disabilities) of the School Code. Also provides that only individuals with a Professional Educator License with a school support personnel endorsement for school social work may use the title of "school social worker."

Health Law

PA 100-0306 (HB 2762)  Prohibits hospitals from maintaining a list of individuals that cannot be admitted for treatment but instead gives the hospital the ability to recommend an alternate provider, or arrange access to care services that best meets the needs of an individual patient.

PA 100-0099 (SB 1676)  Requires health care providers to only refer patients to other providers that are properly licensed by the state.

PA 100-0317 (SB 1811)  Recognizes need for telehealth across increasingly geographical distances within Illinois, not just across state lines. Excludes from telemedicine health care services provided to an existing patient while the patient or the provider is traveling.

PA 100-0385  (HB 2907)  Removes the Medicaid requirement that a psychiatrist be in the same room as a patient to provide telehealth services.

PA 100-0449 (SB 1544)  Extends the 15-day deadline for long-term care facilities to submit a resident's admission documents to 45 days.

PA 100-0286 (SB 1688)  Requires the Department of Financial and Professional Regulation to consider mitigating factors when considering applications for certain licenses, certificates and registrations.

PA 100-0513 (HB313)  Changes all references of "advanced practice nurse" and "APN" to "advanced practice registered nurse" and "APRN" to align with national standards; grants full delegation authority for registered nurses (RNs) and APRNs to determine what and to whom to delegate, including medication, tasks, or activities; changes RN's and licensed practice nurses (LPN) education requirements, licensure, and scope of practice.

PA 100-0305 (HB 1332)  Provides that any insurer providing coverage for hospital or medical expenses under an individual policy of accident and health insurance shall also provide coverage for treatment of serious mental illness and substance use disorders. Expands the definition of "serious mental illness" to include certain eating disorders.

Disability Law

PA 100-0050 (HB 2383)  Expands the list of entities where authorized direct care staff can administer medications to people with developmental disabilities.

PA 100-0075 (HB 2626)  Provides that a person cannot be denied parenting time, participation in private or public adoption, or foster care or guardianship because they are blind.

PA 100-0481 (HB 2641)  Creates the Protection of Individuals with Disabilities in the Criminal Justice System Task Force to consider issues that affect adults and juveniles with disabilities and their involvement with the criminal justice system. Effective September 8, 2017.

PA 100-0058 (HB 2452/)  Requires Community Integrated Living Arrangements (CILAs) to be inspected once every two years.

PA 100-0313 (SB 1748) Requires copies of investigative reports containing unsubstantiated allegation findings to be provided to agency directors.

Extends the provisional CILA license cap from 6 months to 24 months. Prohibits any entity that has had its CILA license revoked from reapplying for a license or under a different name. Provides that in the event of a CILA license revocation, DHS has immediate and full access to the recipients served by that agency, as well as their medications, records and personal possessions in order to ensure a timely, safe and smooth transition from the program. Requires CILA's to securely collect and store up-to-date basic identifying information of its residents as well as emergency contact information.

Child Welfare

PA 100-0189 (HB 3542)  Ensures that a foster child be placed in the most family-like setting available and in close proximity to his or her parents' home, which will ensure consistency with his or her health, safety, best interests and special needs.

PA 100-0191 (HB 3615)  Provides that school employees have due process rights when they are the alleged perpetrator of child abuse or neglect.

PA 100-0176 (HB 3394)  Codifies current state practice relating to school districts working with DCFS when a teacher is subject to an abuse investigation.

PA 100-0406 (SB 646)  Amends the abused and neglected child reporting out to state that DCFS may implement a five-year pilot program of a domestic violence co-location program, subject to available funds. Designed to improve child welfare interventions provided to family is experiencing domestic violence.

PA 100-0413 (SB 764)  States that DCFS may work with schools to distribute and post contact information for the Department of Children & Family Services to report child abuse or neglect.

PA 100-0087 (SB 973)  Requires DCFS to file a written report with the court when a minor in their care remains in a shelter beyond 30 days, in a psychiatric hospital past the time of discharge or in a detention center solely because the agency cannot find an appropriate placement.

Adoption

PA 100-0355 (HB 817) Creates a special enrollment period for state insurance for an adopted child.

Elder Law

PA 100-0293 (HB 223) Amends the Nursing Home Care Act to make it clear that an identification wristlet may be placed on any resident per a physician's order. Additionally, a facility may require a resident with Alzheimer's dementia and a history of wandering to wear and ID wristlet, unless the resident's guardian of agent under POA directs the wristlet be removed.

Other

PA 100-0532 (SB1483) Amends the Illinois School Student Records Act to change the time permitted to respond to a parent or student request to inspect and copy records to 10 business days and provides reasons for extension of response time. Effective September 22, 2017.

PA 100-0537 (SB 2185) The Department of State Police must adopt a policy and provide training to state police officers concerning response and care for a person under the influence of alcohol or drugs. Effective June 1, 2018.