LIFE CARE FORMER RESIDENTS

Illinois General Assembly - Full Text of HB4752

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HB4752 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4752

Introduced , by Rep. Michelle Mussman

SYNOPSIS AS INTRODUCED:

210 ILCS 40/5.1
210 ILCS 40/5.3 new
210 ILCS 40/6.2 new

Amends the Life Care Facilities Act. Requires the most current
pre-sale disclosure data for refundable life care contracts to be made
available annually by January 31 of each year to current residents that
have refundable entry fee contracts, former residents who have not yet
received refunds for their refundable entry fees, and the estates of
former residents who have not yet received refunds for their refundable
entry fees. Provides that units belonging to former residents and the
estates of former residents who have not yet received refunds for
refundable entry fees shall be made available for viewing, upon request,
within 7 business days after that request, and notification of this option
shall be sent annually by January 31 of each year. Establishes notice
requirements for providers who elect to offer units with month-to-month
rent. Sets forth provisions concerning the closing of the estate of a
former resident who has not yet received refunds for refundable entry
fees. Provides that no life care contract may require a resident or the
resident's family to pay any fees on the unit for longer than 30 days after
the resident has vacated the premises.
LRB104 17950 BAB 31387 b

A BILL FOR

HB4752
LRB104 17950 BAB 31387 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Life Care Facilities Act is amended by
5
changing Section 5.1 and by adding Sections 5.3 and 6.2 as
6
follows:

7

(210 ILCS 40/5.1)
8

Sec. 5.1.
Pre-sale disclosures.
9

(a) Prior to the execution of a refundable life care
10
contract and the transfer of any money or other property to a
11
provider or escrow agent, the provider shall deliver to the
12
consumer a pre-sale disclosure printed on paper. The pre-sale
13
disclosure shall be signed by the consumer prior to executing
14
the life care contract. The pre-sale disclosure shall include:
15

(1) the caption, "ENTRY FEE REFUNDS: CONSUMER NOTICE",
16

in at least 28-point font and the remaining portion in at
17

least 12-point font;
18

(2) the caption, "The timing of refunds for past
19

residents may not be indicative of your refund experience.
20

Your ability to collect on the full amount of the
21

calculated refund may be modified or nullified pending
22

market conditions, any future sale of this organization,
23

or in the event of bankruptcy. Current residents, former

HB4752
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LRB104 17950 BAB 31387 b
1

residents awaiting refunds, and the estates of former
2

residents awaiting refunds shall be provided with the most
3

recent entry fee refund data disclosure upon request.";
4

(3) for refunds returned by the provider in the most
5

recently completed calendar year:
6

(A) the average number of months passed before the
7

refund of an entry fee by the provider; and
8

(B) the median number of months passed before the
9

refund of an entry fee by the provider;
10

(4) the percentage of entry fee contracts awaiting
11

refunds from the provider with wait times exceeding 24
12

months as of the end of the most recently completed
13

calendar year;
14

(5) the percentage of entry fee contracts awaiting
15

refunds from the provider with wait times exceeding 36
16

months as of the end of the most recently completed
17

calendar year;
18

(6) the percentage of entry fee contracts awaiting
19

refunds from the provider with wait times exceeding 60
20

months as of the end of the most recently completed
21

calendar year;
22

(7) the number of entry fee contracts awaiting refunds
23

from the provider as of the last day of the most recently
24

completed calendar year; and
25

(8) the number of entry fee refunds returned by the
26

provider in the most recently completed calendar year.

HB4752
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LRB104 17950 BAB 31387 b
1

(b) For the purpose of determining the time a refund is
2
due, the start time of the refund begins after the unit has
3
been permanently vacated, returned to resalable condition, and
4
the outgoing resident has a zero balance due, excluding
5
outstanding balances to be payable by outside payors,
6
including, but not limited to, Medicare, Medicaid, Managed
7
Medicare, or within 30 days of the unit being permanently
8
vacated and the outgoing resident has a zero balance due,
9
whichever is shorter. Refund delays due to estate factors
10
outside of the community's control, including, but not limited
11
to, probate challenges, estate challenges, or an inability to
12
confirm next of kin, are not included in the outstanding
13
refunds to be disclosed.
14

(c) Pre-sale disclosures may include additional data by
15
calendar year.
16

(d) If a payee for an entry fee refund cannot be
17
determined, for purposes of calculating the data in subsection
18
(a), a refund shall be considered complete when a new resident
19
occupies the specified living unit.
20

(e) The most current pre-sale disclosure data detailed in
21
subsection (a) shall be made available, upon request,
and
22
annually by January 31 of each year,
to current residents that
23
have refundable entry fee contracts, former residents who have
24
not yet received refunds for their refundable entry fees, and
25
the estates of former residents who have not yet received
26
refunds for their refundable entry fees.

HB4752
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LRB104 17950 BAB 31387 b
1

(f) Failure to provide the pre-sale disclosure in
2
accordance with this Section may result in a minimum monetary
3
penalty of $500 at the discretion of the Department. The
4
Department shall adopt rules to enforce this Section and
5
provide for factors to be considered when imposing monetary
6
penalties and for repeat violations of this Section.
7

(g) Units belonging to former residents and the estates of
8
former residents who have not yet received refunds for
9
refundable entry fees shall be made available for viewing,
10
upon request, within 7 business days after that request.
11
Notification of this option shall be sent annually by January
12
31 of each year.

13
(Source: P.A. 103-812, eff. 1-1-25
.)

14

(210 ILCS 40/5.3 new)
15

Sec. 5.3.
Notices for recipients of refundable entry fees;
16
closing of estates.
17

(a) A provider who elects to no longer offer life care
18
contracts and instead offer a unit for month-to-month rent
19
must provide notice to any former resident and the estate of
20
any former resident who has not yet received refunds for
21
refundable entry fees that the exact unit of the former
22
resident is indefinitely off the market for resale.
23

(b) Notwithstanding any other provision of law, the estate
24
of a former resident who has not received refunds for
25
refundable entry fees may close the estate within 12 months

HB4752
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LRB104 17950 BAB 31387 b
1
after the resident's death. After closing, any future funds to
2
be received by that estate shall be held by the State
3
Treasurer.

4

(210 ILCS 40/6.2 new)
5

Sec. 6.2.
Limitation on life care contract future fees.
No
6
life care contract may require a resident or the resident's
7
family to pay any fees on the unit for longer than 30 days
8
after the resident has vacated the premises.

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