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Full Text of HB4911

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HB4911 - 104th General Assembly

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HB4911 Enrolled
LRB104 20074 CCC 33525 b
1

AN ACT concerning State government.

2

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

4

Section 5.
The Illinois Banking Act is amended by changing
5
Section 48.1 as follows:

6

(205 ILCS 5/48.1)
7

Sec. 48.1.
Customer financial records; confidentiality.
8

(a) For the purpose of this Section, the term "financial
9
records" means any original, any copy, or any summary of:
10

(1) a document granting signature authority over a
11

deposit or account;
12

(2) a statement, ledger card
,
or other record on any
13

deposit or account, which shows each transaction in or
14

with respect to that account;
15

(3) a check, draft
,
or money order drawn on a bank or
16

issued and payable by a bank; or
17

(4) any other item containing information pertaining
18

to any relationship established in the ordinary course of
19

a bank's business between a bank and its customer,
20

including financial statements or other financial
21

information provided by the customer.
22

(b) This Section does not prohibit:
23

(1) The preparation, examination, handling
,
or

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

maintenance of any financial records by any officer,
2

employee
,
or agent of a bank having custody of the
3

records, or the examination of the records by a certified
4

public accountant engaged by the bank to perform an
5

independent audit.
6

(2) The examination of any financial records by, or
7

the furnishing of financial records by a bank to, any
8

officer, employee
,
or agent of (i) the Commissioner of
9

Banks and Real Estate, (ii) after May 31, 1997, a state
10

regulatory authority authorized to examine a branch of a
11

State bank located in another state, (iii) the Comptroller
12

of the Currency, (iv) the Federal Reserve Board, or (v)
13

the Federal Deposit Insurance Corporation for use solely
14

in the exercise of his duties as an officer, employee, or
15

agent.
16

(3) The publication of data furnished from financial
17

records relating to customers where the data cannot be
18

identified to any particular customer or account.
19

(4) The making of reports or returns required under
20

Chapter 61 of the Internal Revenue Code of 1986.
21

(5) Furnishing information concerning the dishonor of
22

any negotiable instrument permitted to be disclosed under
23

the Uniform Commercial Code.
24

(6) The exchange in the regular course of business of
25

(i) credit information between a bank and other banks or
26

financial institutions or commercial enterprises, directly

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

or through a consumer reporting agency
,
or (ii) financial
2

records or information derived from financial records
3

between a bank and other banks or financial institutions
4

or commercial enterprises for the purpose of conducting
5

due diligence pursuant to a purchase or sale involving the
6

bank or assets or liabilities of the bank.
7

(7) The furnishing of information to the appropriate
8

law enforcement authorities where the bank reasonably
9

believes it has been the victim of a crime.
10

(8) The furnishing of information under the Revised
11

Uniform Unclaimed Property Act.
12

(9) The furnishing of information under the Illinois
13

Income Tax Act and the Illinois Estate and
14

Generation-Skipping Transfer Tax Act.
15

(10) The furnishing of information under the federal
16

Currency and Foreign Transactions Reporting Act Title 31,
17

United States Code, Section 1051 et seq.
18

(11) The furnishing of information under any other
19

statute that
,
by its terms or by regulations promulgated
20

thereunder
,
requires the disclosure of financial records
21

other than by subpoena, summons, warrant, or court order.
22

(12) The furnishing of information about the existence
23

of an account of a person to a judgment creditor of that
24

person who has made a written request for that
25

information.
26

(13) The exchange in the regular course of business of

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

information between commonly owned banks in connection
2

with a transaction authorized under paragraph (23) of
3

Section 5 and conducted at an affiliate facility.
4

(14) The furnishing of information in accordance with
5

the federal Personal Responsibility and Work Opportunity
6

Reconciliation Act of 1996. Any bank governed by this Act
7

shall enter into an agreement for data exchanges with a
8

State agency provided the State agency pays to the bank a
9

reasonable fee not to exceed its actual cost incurred. A
10

bank providing information in accordance with this item
11

shall not be liable to any account holder or other person
12

for any disclosure of information to a State agency, for
13

encumbering or surrendering any assets held by the bank in
14

response to a lien or order to withhold and deliver issued
15

by a State agency, or for any other action taken pursuant
16

to this item, including individual or mechanical errors,
17

provided the action does not constitute gross negligence
18

or willful misconduct. A bank shall have no obligation to
19

hold, encumber, or surrender assets until it has been
20

served with a subpoena, summons, warrant, court or
21

administrative order, lien, or levy.
22

(15) The exchange in the regular course of business of
23

information between a bank and any commonly owned
24

affiliate of the bank, subject to the provisions of the
25

Financial Institutions Insurance Sales Law.
26

(16) The furnishing of information to law enforcement

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

authorities, the Illinois Department on Aging and its
2

regional administrative and provider agencies, the
3

Department of Human Services Office of Inspector General,
4

or public guardians: (i) upon subpoena by the
5

investigatory entity or the guardian, or (ii)
as part of a
6

mandated report
if there is suspicion by the bank
or a
7

mandated reporter as defined in Section 2 of the Adult
8

Protective Services Act
that a customer who is an elderly
9

person or person with a disability has been or may become
10

the victim of financial exploitation. For the purposes of
11

this item (16), the term: (i) "elderly person" means a
12

person who is 60 or more years of age, (ii) "person with a
13

disability" means a person who has or reasonably appears
14

to the bank to have a physical or mental disability that
15

impairs his or her ability to seek or obtain protection
16

from or prevent financial exploitation, and (iii)
17

"financial exploitation" means tortious or illegal use of
18

the assets or resources of an elderly person or person
19

with a disability, and includes, without limitation,
20

misappropriation of the assets or resources of the elderly
21

person or person with a disability by undue influence,
22

breach of fiduciary relationship, intimidation, fraud,
23

deception, extortion, or the use of assets or resources in
24

any manner contrary to law. A bank
, a mandated reporter,
25

or other persons

or person
furnishing information pursuant
26

to this item (16) shall be entitled to the same rights and

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

protections as
persons

a person
furnishing information
2

under the Adult Protective Services Act and the Illinois
3

Domestic Violence Act of 1986.
4

(17) The disclosure of financial records or
5

information as necessary to effect, administer, or enforce
6

a transaction requested or authorized by the customer, or
7

in connection with:
8

(A) servicing or processing a financial product or
9

service requested or authorized by the customer;
10

(B) maintaining or servicing a customer's account
11

with the bank; or
12

(C) a proposed or actual securitization or
13

secondary market sale (including sales of servicing
14

rights) related to a transaction of a customer.
15

Nothing in this item (17), however, authorizes the
16

sale of the financial records or information of a customer
17

without the consent of the customer.
18

(18) The disclosure of financial records or
19

information as necessary to protect against actual or
20

potential fraud, unauthorized transactions, claims, or
21

other liability.
22

(18.5) The furnishing of information to any person on
23

a list submitted and periodically updated by a customer
24

who is an elderly person or disabled person, if there is
25

suspicion by the financial institution that the customer
26

has been or may become a victim of financial exploitation.

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

For purposes of this Section, the terms "elderly person",
2

"disabled person", and "financial exploitation" have the
3

meanings given to those terms in item (16). The financial
4

institution may convey the suspicion to any of the
5

following persons, if the person is not the suspected
6

perpetrator: (i) any person on the list; (ii) any
7

co-owner, additional authorized signatory, or beneficiary
8

on the account of the member; or (iii) any person known by
9

the financial institution to be a family member, including
10

a parent, spouse, adult child, or sibling. When providing
11

information under this item, the financial institution may
12

pause the transaction in accordance with the account
13

holder agreement or similar documents and shall limit the
14

information and only disclose that the financial
15

institution has cause to suspect that the customer may be
16

a victim or target of financial exploitation and the basis
17

or bases of the financial institution's reasonable
18

suspicion, without disclosing any other details or
19

confidential information regarding the financial affairs
20

of the customer. Any disclosure made in accordance with
21

this subsection shall comply with all other privacy laws
22

and legal prohibitions, including confidentiality
23

requirements for suspicious activity reports. The
24

financial institution may rely on information provided by
25

the customer in compiling the list of contact persons. The
26

financial institution and any employee of the financial

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

institution acting in good faith is immune from all
2

criminal, civil, and administrative liability for pausing
3

the transaction, contacting a person, or electing not to
4

contact a person under this item (18.5) and for actions
5

taken in furtherance of that determination, if the
6

determination was made based on a reasonable suspicion.

7

(19)(A) The disclosure of financial records or
8

information related to a private label credit program
9

between a financial institution and a private label party
10

in connection with that private label credit program. Such
11

information is limited to outstanding balance, available
12

credit, payment and performance and account history,
13

product references, purchase information, and information
14

related to the identity of the customer.
15

(B)(1) For purposes of this paragraph (19) of
16

subsection (b) of Section 48.1, a "private label credit
17

program" means a credit program involving a financial
18

institution and a private label party that is used by a
19

customer of the financial institution and the private
20

label party primarily for payment for goods or services
21

sold, manufactured, or distributed by a private label
22

party.
23

(2) For purposes of this paragraph (19) of subsection
24

(b) of Section 48.1, a "private label party" means, with
25

respect to a private label credit program, any of the
26

following: a retailer, a merchant, a manufacturer, a trade

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

group, or any such person's affiliate, subsidiary, member,
2

agent, or service provider.
3

(20)(A) The furnishing of financial records of a
4

customer to the Department to aid the Department's initial
5

determination or subsequent re-determination of the
6

customer's eligibility for Medicaid and Medicaid long-term
7

care benefits for long-term care services, provided that
8

the bank receives the written consent and authorization of
9

the customer, which shall:
10

(1) have the customer's signature notarized;
11

(2) be signed by at least one witness who
12

certifies that he or she believes the customer to be of
13

sound mind and memory;
14

(3) be tendered to the bank at the earliest
15

practicable time following its execution,
16

certification, and notarization;
17

(4) specifically limit the disclosure of the
18

customer's financial records to the Department; and
19

(5) be in substantially the following form:

20
CUSTOMER CONSENT AND AUTHORIZATION
21
FOR RELEASE OF FINANCIAL RECORDS

22
I,
.......................................
, hereby authorize
23
(Name of Customer)

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1
.............................................................

2
(Name of Financial Institution)

3
.............................................................

4
(Address of Financial Institution)

5
to disclose the following financial records:

6
any and all information concerning my deposit, savings, money
7
market, certificate of deposit, individual retirement,
8
retirement plan, 401(k) plan, incentive plan, employee benefit
9
plan, mutual fund and loan accounts (including, but not
10
limited to, any indebtedness or obligation for which I am a
11
co-borrower, co-obligor, guarantor, or surety), and any and
12
all other accounts in which I have an interest and any other
13
information regarding me in the possession of the Financial
14
Institution,

15
to the Illinois Department of Human Services or the Illinois
16
Department of Healthcare and Family Services, or both ("the
17
Department"), for the following purpose(s):

18
to aid in the initial determination or re-determination by the
19
State of Illinois of my eligibility for Medicaid long-term
20
care benefits, pursuant to applicable law.

HB4911 Enrolled
- 11 -
LRB104 20074 CCC 33525 b
1
I understand that this Consent and Authorization may be
2
revoked by me in writing at any time before my financial
3
records, as described above, are disclosed, and that this
4
Consent and Authorization is valid until the Financial
5
Institution receives my written revocation. This Consent and
6
Authorization shall constitute valid authorization for the
7
Department identified above to inspect all such financial
8
records set forth above, and to request and receive copies of
9
such financial records from the Financial Institution (subject
10
to such records search and reproduction reimbursement policies
11
as the Financial Institution may have in place). An executed
12
copy of this Consent and Authorization shall be sufficient and
13
as good as the original and permission is hereby granted to
14
honor a photostatic or electronic copy of this Consent and
15
Authorization. Disclosure is strictly limited to the
16
Department identified above and no other person or entity
17
shall receive my financial records pursuant to this Consent
18
and Authorization. By signing this form, I agree to indemnify
19
and hold the Financial Institution harmless from any and all
20
claims, demands, and losses, including reasonable attorneys
21
fees and expenses, arising from or incurred in its reliance on
22
this Consent and Authorization. As used herein, "Customer"
23
shall mean "Member" if the Financial Institution is a credit
24
union.

25
....................... ......................

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1
(Date) (Signature of Customer)

2
......................
3
......................
4
(Address of Customer)

5
......................
6
(Customer's birth date)
7
(month/day/year)

8
The undersigned witness certifies that .................,
9
known to me to be the same person whose name is subscribed as
10
the customer to the foregoing Consent and Authorization,
11
appeared before me and the notary public and acknowledged
12
signing and delivering the instrument as his or her free and
13
voluntary act for the uses and purposes therein set forth. I
14
believe him or her to be of sound mind and memory. The
15
undersigned witness also certifies that the witness is not an
16
owner, operator, or relative of an owner or operator of a
17
long-term care facility in which the customer is a patient or
18
resident.

19
Dated: ................. ......................
20
(Signature of Witness)

21
......................

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1
(Print Name of Witness)

2
......................
3
......................
4
(Address of Witness)

5
State of Illinois)
6
) ss.
7
County of .......)

8
The undersigned, a notary public in and for the above county
9
and state, certifies that .........., known to me to be the
10
same person whose name is subscribed as the customer to the
11
foregoing Consent and Authorization, appeared before me
12
together with the witness, .........., in person and
13
acknowledged signing and delivering the instrument as the free
14
and voluntary act of the customer for the uses and purposes
15
therein set forth.

16
Dated:
.......................................................

17
Notary Public:
...............................................

18
My commission expires:
.......................................

19

(B) In no event shall the bank distribute the
20

customer's financial records to the long-term care
21

facility from which the customer seeks initial or

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

continuing residency or long-term care services.
2

(C) A bank providing financial records of a customer
3

in good faith relying on a consent and authorization
4

executed and tendered in accordance with this paragraph
5

(20) shall not be liable to the customer or any other
6

person in relation to the bank's disclosure of the
7

customer's financial records to the Department. The
8

customer signing the consent and authorization shall
9

indemnify and hold the bank harmless that relies in good
10

faith upon the consent and authorization and incurs a loss
11

because of such reliance. The bank recovering under this
12

indemnification provision shall also be entitled to
13

reasonable attorney's fees and the expenses of recovery.
14

(D) A bank shall be reimbursed by the customer for all
15

costs reasonably necessary and directly incurred in
16

searching for, reproducing, and disclosing a customer's
17

financial records required or requested to be produced
18

pursuant to any consent and authorization executed under
19

this paragraph (20). The requested financial records shall
20

be delivered to the Department within 10 days after
21

receiving a properly executed consent and authorization or
22

at the earliest practicable time thereafter if the
23

requested records cannot be delivered within 10 days, but
24

delivery may be delayed until the final reimbursement of
25

all costs is received by the bank. The bank may honor a
26

photostatic or electronic copy of a properly executed

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

consent and authorization.
2

(E) Nothing in this paragraph (20) shall impair,
3

abridge, or abrogate the right of a customer to:
4

(1) directly disclose his or her financial records
5

to the Department or any other person; or
6

(2) authorize his or her attorney or duly
7

appointed agent to request and obtain the customer's
8

financial records and disclose those financial records
9

to the Department.
10

(F) For purposes of this paragraph (20), "Department"
11

means the Department of Human Services and the Department
12

of Healthcare and Family Services or any successor
13

administrative agency of either agency.
14

(21) The furnishing of financial records of a deceased
15

customer to a public administrator of any county or other
16

governmental jurisdiction for the purpose of facilitating
17

burial of the customer.
18

(22)

(21)
The furnishing of financial information to
19

the executor, executrix, administrator, or other lawful
20

representative of the estate of a customer.
21

(c) Except as otherwise provided by this Act, a bank may
22
not disclose to any person, except to the customer or his duly
23
authorized agent, any financial records or financial
24
information obtained from financial records relating to that
25
customer of that bank unless:
26

(1) the customer has authorized disclosure to the

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

person;
2

(2) the financial records are disclosed in response to
3

a lawful subpoena, summons, warrant, citation to discover
4

assets, or court order which meets the requirements of
5

subsection (d) of this Section; or
6

(3) the bank is attempting to collect an obligation
7

owed to the bank and the bank complies with the provisions
8

of Section 2I of the Consumer Fraud and Deceptive Business
9

Practices Act.
10

(d) A bank shall disclose financial records under
11
paragraph (2) of subsection (c) of this Section under a lawful
12
subpoena, summons, warrant, citation to discover assets, or
13
court order only after the bank sends a copy of the subpoena,
14
summons, warrant, citation to discover assets, or court order
15
to the person establishing the relationship with the bank, if
16
living, and, otherwise the person's personal representative,
17
if known, at the person's last known address by first class
18
mail, postage prepaid, through a third-party commercial
19
carrier or courier with delivery charge fully prepaid, by hand
20
delivery, or by electronic delivery at an email address on
21
file with the bank (if the person establishing the
22
relationship with the bank has consented to receive electronic
23
delivery and, if the person establishing the relationship with
24
the bank is a consumer, the person has consented under the
25
consumer consent provisions set forth in Section 7001 of Title
26
15 of the United States Code), unless the bank is specifically

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1
prohibited from notifying the person by order of court or by
2
applicable State or federal law. A bank shall not mail a copy
3
of a subpoena to any person pursuant to this subsection if the
4
subpoena was issued by a grand jury.
5

(e) Any officer or employee of a bank who knowingly and
6
willfully furnishes financial records in violation of this
7
Section is guilty of a business offense and, upon conviction,
8
shall be fined not more than $1,000.
9

(f) Any person who knowingly and willfully induces or
10
attempts to induce any officer or employee of a bank to
11
disclose financial records in violation of this Section is
12
guilty of a business offense and, upon conviction, shall be
13
fined not more than $1,000.
14

(g) A bank shall be reimbursed for costs that are
15
reasonably necessary and that have been directly incurred in
16
searching for, reproducing, or transporting books, papers,
17
records, or other data required or requested to be produced
18
pursuant to a lawful subpoena, summons, warrant, citation to
19
discover assets, or court order. The Commissioner shall
20
determine the rates and conditions under which payment may be
21
made.
22
(Source: P.A. 104-123, eff. 1-1-26; 104-310, eff. 8-15-25;
23
revised 11-20-25.)

24

Section 10.
The Savings Bank Act is amended by changing
25
Section 4013 as follows:

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

(205 ILCS 205/4013)
2

Sec. 4013.
Access to books and records; communication with
3
members and shareholders.
4

(a) Every member or shareholder shall have the right to
5
inspect books and records of the savings bank that pertain to
6
his accounts. Otherwise, the right of inspection and
7
examination of the books and records shall be limited as
8
provided in this Act, and no other person shall have access to
9
the books and records nor shall be entitled to a list of the
10
members or shareholders.
11

(b) For the purpose of this Section, the term "financial
12
records" means any original, any copy, or any summary of (1) a
13
document granting signature authority over a deposit or
14
account; (2) a statement, ledger card, or other record on any
15
deposit or account that shows each transaction in or with
16
respect to that account; (3) a check, draft, or money order
17
drawn on a savings bank or issued and payable by a savings
18
bank; or (4) any other item containing information pertaining
19
to any relationship established in the ordinary course of a
20
savings bank's business between a savings bank and its
21
customer, including financial statements or other financial
22
information provided by the member or shareholder.
23

(c) This Section does not prohibit:
24

(1) The preparation, examination, handling, or
25

maintenance of any financial records by any officer,

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

employee, or agent of a savings bank having custody of
2

records or examination of records by a certified public
3

accountant engaged by the savings bank to perform an
4

independent audit.
5

(2) The examination of any financial records by, or
6

the furnishing of financial records by a savings bank to,
7

any officer, employee, or agent of the Commissioner of
8

Banks and Real Estate or the federal depository
9

institution regulator for use solely in the exercise of
10

his duties as an officer, employee, or agent.
11

(3) The publication of data furnished from financial
12

records relating to members or holders of capital where
13

the data cannot be identified to any particular member,
14

shareholder, or account.
15

(4) The making of reports or returns required under
16

Chapter 61 of the Internal Revenue Code of 1986.
17

(5) Furnishing information concerning the dishonor of
18

any negotiable instrument permitted to be disclosed under
19

the Uniform Commercial Code.
20

(6) The exchange in the regular course of business of
21

(i) credit information between a savings bank and other
22

savings banks or financial institutions or commercial
23

enterprises, directly or through a consumer reporting
24

agency
,
or (ii) financial records or information derived
25

from financial records between a savings bank and other
26

savings banks or financial institutions or commercial

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LRB104 20074 CCC 33525 b
1

enterprises for the purpose of conducting due diligence
2

pursuant to a purchase or sale involving the savings bank
3

or assets or liabilities of the savings bank.
4

(7) The furnishing of information to the appropriate
5

law enforcement authorities where the savings bank
6

reasonably believes it has been the victim of a crime.
7

(8) The furnishing of information pursuant to the
8

Revised Uniform Unclaimed Property Act.
9

(9) The furnishing of information pursuant to the
10

Illinois Income Tax Act and the Illinois Estate and
11

Generation-Skipping Transfer Tax Act.
12

(10) The furnishing of information pursuant to the
13

federal Currency and Foreign Transactions Reporting Act,
14

(Title 31, United States Code, Section 1051 et seq.).
15

(11) The furnishing of information pursuant to any
16

other statute which
,
by its terms or by regulations
17

promulgated thereunder
,
requires the disclosure of
18

financial records other than by subpoena, summons,
19

warrant, or court order.
20

(12) The furnishing of information in accordance with
21

the federal Personal Responsibility and Work Opportunity
22

Reconciliation Act of 1996. Any savings bank governed by
23

this Act shall enter into an agreement for data exchanges
24

with a State agency provided the State agency pays to the
25

savings bank a reasonable fee not to exceed its actual
26

cost incurred. A savings bank providing information in

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LRB104 20074 CCC 33525 b
1

accordance with this item shall not be liable to any
2

account holder or other person for any disclosure of
3

information to a State agency, for encumbering or
4

surrendering any assets held by the savings bank in
5

response to a lien or order to withhold and deliver issued
6

by a State agency, or for any other action taken pursuant
7

to this item, including individual or mechanical errors,
8

provided the action does not constitute gross negligence
9

or willful misconduct. A savings bank shall have no
10

obligation to hold, encumber, or surrender assets until it
11

has been served with a subpoena, summons, warrant, court
12

or administrative order, lien, or levy.
13

(13) The furnishing of information to law enforcement
14

authorities, the Illinois Department on Aging and its
15

regional administrative and provider agencies, the
16

Department of Human Services Office of Inspector General,
17

or public guardians: (i) upon subpoena by the
18

investigatory entity or the guardian, or (ii)
as part of a
19

mandated report
if there is suspicion by the savings bank
20

or a mandated reporter as defined in Section 2 of the Adult
21

Protective Services Act
that a customer who is an elderly
22

person or person with a disability has been or may become
23

the victim of financial exploitation. For the purposes of
24

this item (13), the term: (i) "elderly person" means a
25

person who is 60 or more years of age, (ii) "person with a
26

disability" means a person who has or reasonably appears

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

to the savings bank to have a physical or mental
2

disability that impairs his or her ability to seek or
3

obtain protection from or prevent financial exploitation,
4

and (iii) "financial exploitation" means tortious or
5

illegal use of the assets or resources of an elderly
6

person or person with a disability, and includes, without
7

limitation, misappropriation of the assets or resources of
8

the elderly person or person with a disability by undue
9

influence, breach of fiduciary relationship, intimidation,
10

fraud, deception, extortion, or the use of assets or
11

resources in any manner contrary to law. A savings bank
, a
12

mandated reporter, or other persons

or person
furnishing
13

information pursuant to this item (13) shall be entitled
14

to the same rights and protections as
other persons

a
15

person
furnishing information under the Adult Protective
16

Services Act and the Illinois Domestic Violence Act of
17

1986.
18

(13.5) The furnishing of information to any person on
19

a list submitted and periodically updated by a customer
20

who is an elderly person or person with a disability, if
21

there is suspicion by the savings bank that the customer
22

has been or may become a victim of financial exploitation.
23

For purposes of this Section, the terms "elderly person",
24

"person with a disability", and "financial exploitation"
25

have the meanings given to those terms in item (13). The
26

savings bank may convey the suspicion to any of the

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

following persons, if the person is not the suspected
2

perpetrator: (i) any person on the list; (ii) any
3

co-owner, additional authorized signatory, or beneficiary
4

on the account of the member; or (iii) any person known by
5

the savings bank to be a family member, including a
6

parent, spouse, adult child, or sibling. When providing
7

information under this item, the savings bank may pause
8

the transaction in accordance with the account holder
9

agreement or similar documents and shall limit the
10

information and only disclose that the savings bank has
11

cause to suspect that the customer may be a victim or
12

target of financial exploitation and the basis or bases of
13

the savings bank's reasonable suspicion, without
14

disclosing any other details or confidential information
15

regarding the financial affairs of the customer. Any
16

disclosure made in accordance with this subsection shall
17

comply with all other privacy laws and legal prohibitions,
18

including confidentiality requirements for suspicious
19

activity reports. The savings bank may rely on information
20

provided by the customer in compiling the list of contact
21

persons. The savings bank and any employee of the savings
22

bank acting in good faith is immune from all criminal,
23

civil, and administrative liability for pausing the
24

transaction, contacting a person, or electing not to
25

contact a person under this item (13.5) and for actions
26

taken in furtherance of that determination, if the

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

determination was made based on a reasonable suspicion.

2

(14) The disclosure of financial records or
3

information as necessary to effect, administer, or enforce
4

a transaction requested or authorized by the member or
5

holder of capital, or in connection with:
6

(A) servicing or processing a financial product or
7

service requested or authorized by the member or
8

holder of capital;
9

(B) maintaining or servicing an account of a
10

member or holder of capital with the savings bank; or
11

(C) a proposed or actual securitization or
12

secondary market sale (including sales of servicing
13

rights) related to a transaction of a member or holder
14

of capital.
15

Nothing in this item (14), however, authorizes the
16

sale of the financial records or information of a member
17

or holder of capital without the consent of the member or
18

holder of capital.
19

(15) The exchange in the regular course of business of
20

information between a savings bank and any commonly owned
21

affiliate of the savings bank, subject to the provisions
22

of the Financial Institutions Insurance Sales Law.
23

(16) The disclosure of financial records or
24

information as necessary to protect against or prevent
25

actual or potential fraud, unauthorized transactions,
26

claims, or other liability.

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LRB104 20074 CCC 33525 b
1

(17)(a) The disclosure of financial records or
2

information related to a private label credit program
3

between a financial institution and a private label party
4

in connection with that private label credit program. Such
5

information is limited to outstanding balance, available
6

credit, payment and performance and account history,
7

product references, purchase information, and information
8

related to the identity of the customer.
9

(b)(1) For purposes of this paragraph (17) of
10

subsection (c) of Section 4013, a "private label credit
11

program" means a credit program involving a financial
12

institution and a private label party that is used by a
13

customer of the financial institution and the private
14

label party primarily for payment for goods or services
15

sold, manufactured, or distributed by a private label
16

party.
17

(2) For purposes of this paragraph (17) of subsection
18

(c) of Section 4013, a "private label party" means, with
19

respect to a private label credit program, any of the
20

following: a retailer, a merchant, a manufacturer, a trade
21

group, or any such person's affiliate, subsidiary, member,
22

agent, or service provider.
23

(18)(a) The furnishing of financial records of a
24

customer to the Department to aid the Department's initial
25

determination or subsequent re-determination of the
26

customer's eligibility for Medicaid and Medicaid long-term

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

care benefits for long-term care services, provided that
2

the savings bank receives the written consent and
3

authorization of the customer, which shall:
4

(1) have the customer's signature notarized;
5

(2) be signed by at least one witness who
6

certifies that he or she believes the customer to be of
7

sound mind and memory;
8

(3) be tendered to the savings bank at the
9

earliest practicable time following its execution,
10

certification, and notarization;
11

(4) specifically limit the disclosure of the
12

customer's financial records to the Department; and
13

(5) be in substantially the following form:

14
CUSTOMER CONSENT AND AUTHORIZATION
15
FOR RELEASE OF FINANCIAL RECORDS

16
I,
.......................................
, hereby authorize
17
(Name of Customer)

18
.............................................................

19
(Name of Financial Institution)

20
.............................................................

21
(Address of Financial Institution)

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LRB104 20074 CCC 33525 b
1
to disclose the following financial records:

2
any and all information concerning my deposit, savings, money
3
market, certificate of deposit, individual retirement,
4
retirement plan, 401(k) plan, incentive plan, employee benefit
5
plan, mutual fund and loan accounts (including, but not
6
limited to, any indebtedness or obligation for which I am a
7
co-borrower, co-obligor, guarantor, or surety), and any and
8
all other accounts in which I have an interest and any other
9
information regarding me in the possession of the Financial
10
Institution,

11
to the Illinois Department of Human Services or the Illinois
12
Department of Healthcare and Family Services, or both ("the
13
Department"), for the following purpose(s):

14
to aid in the initial determination or re-determination by the
15
State of Illinois of my eligibility for Medicaid long-term
16
care benefits, pursuant to applicable law.

17
I understand that this Consent and Authorization may be
18
revoked by me in writing at any time before my financial
19
records, as described above, are disclosed, and that this
20
Consent and Authorization is valid until the Financial
21
Institution receives my written revocation. This Consent and
22
Authorization shall constitute valid authorization for the

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LRB104 20074 CCC 33525 b
1
Department identified above to inspect all such financial
2
records set forth above, and to request and receive copies of
3
such financial records from the Financial Institution (subject
4
to such records search and reproduction reimbursement policies
5
as the Financial Institution may have in place). An executed
6
copy of this Consent and Authorization shall be sufficient and
7
as good as the original and permission is hereby granted to
8
honor a photostatic or electronic copy of this Consent and
9
Authorization. Disclosure is strictly limited to the
10
Department identified above and no other person or entity
11
shall receive my financial records pursuant to this Consent
12
and Authorization. By signing this form, I agree to indemnify
13
and hold the Financial Institution harmless from any and all
14
claims, demands, and losses, including reasonable attorneys
15
fees and expenses, arising from or incurred in its reliance on
16
this Consent and Authorization. As used herein, "Customer"
17
shall mean "Member" if the Financial Institution is a credit
18
union.

19
....................... ......................
20
(Date) (Signature of Customer)

21
......................
22
......................
23
(Address of Customer)

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LRB104 20074 CCC 33525 b
1
......................
2
(Customer's birth date)
3
(month/day/year)

4
The undersigned witness certifies that .................,
5
known to me to be the same person whose name is subscribed as
6
the customer to the foregoing Consent and Authorization,
7
appeared before me and the notary public and acknowledged
8
signing and delivering the instrument as his or her free and
9
voluntary act for the uses and purposes therein set forth. I
10
believe him or her to be of sound mind and memory. The
11
undersigned witness also certifies that the witness is not an
12
owner, operator, or relative of an owner or operator of a
13
long-term care facility in which the customer is a patient or
14
resident.

15
Dated: ................. ......................
16
(Signature of Witness)

17
......................
18
(Print Name of Witness)

19
......................
20
......................
21
(Address of Witness)

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1
State of Illinois)
2
) ss.
3
County of .......)

4
The undersigned, a notary public in and for the above county
5
and state, certifies that .........., known to me to be the
6
same person whose name is subscribed as the customer to the
7
foregoing Consent and Authorization, appeared before me
8
together with the witness, .........., in person and
9
acknowledged signing and delivering the instrument as the free
10
and voluntary act of the customer for the uses and purposes
11
therein set forth.

12
Dated:
.......................................................

13
Notary Public:
...............................................

14
My commission expires:
.......................................

15

(b) In no event shall the savings bank distribute the
16

customer's financial records to the long-term care
17

facility from which the customer seeks initial or
18

continuing residency or long-term care services.
19

(c) A savings bank providing financial records of a
20

customer in good faith relying on a consent and
21

authorization executed and tendered in accordance with
22

this paragraph (18) shall not be liable to the customer or
23

any other person in relation to the savings bank's

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

disclosure of the customer's financial records to the
2

Department. The customer signing the consent and
3

authorization shall indemnify and hold the savings bank
4

harmless that relies in good faith upon the consent and
5

authorization and incurs a loss because of such reliance.
6

The savings bank recovering under this indemnification
7

provision shall also be entitled to reasonable attorney's
8

fees and the expenses of recovery.
9

(d) A savings bank shall be reimbursed by the customer
10

for all costs reasonably necessary and directly incurred
11

in searching for, reproducing, and disclosing a customer's
12

financial records required or requested to be produced
13

pursuant to any consent and authorization executed under
14

this paragraph (18). The requested financial records shall
15

be delivered to the Department within 10 days after
16

receiving a properly executed consent and authorization or
17

at the earliest practicable time thereafter if the
18

requested records cannot be delivered within 10 days, but
19

delivery may be delayed until the final reimbursement of
20

all costs is received by the savings bank. The savings
21

bank may honor a photostatic or electronic copy of a
22

properly executed consent and authorization.
23

(e) Nothing in this paragraph (18) shall impair,
24

abridge, or abrogate the right of a customer to:
25

(1) directly disclose his or her financial records
26

to the Department or any other person; or

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

(2) authorize his or her attorney or duly
2

appointed agent to request and obtain the customer's
3

financial records and disclose those financial records
4

to the Department.
5

(f) For purposes of this paragraph (18), "Department"
6

means the Department of Human Services and the Department
7

of Healthcare and Family Services or any successor
8

administrative agency of either agency.
9

(19) The furnishing of financial records of a deceased
10

customer to a public administrator of any county or other
11

governmental jurisdiction for the purpose of facilitating
12

burial of the customer.
13

(20)

(19)
The furnishing of financial information to
14

the executor, executrix, administrator, or other lawful
15

representative of the estate of a customer.
16

(d) A savings bank may not disclose to any person, except
17
to the member or holder of capital or his duly authorized
18
agent, any financial records relating to that member or
19
shareholder of the savings bank unless:
20

(1) the member or shareholder has authorized
21

disclosure to the person; or
22

(2) the financial records are disclosed in response to
23

a lawful subpoena, summons, warrant, citation to discover
24

assets, or court order that meets the requirements of
25

subsection (e) of this Section.
26

(e) A savings bank shall disclose financial records under

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1
subsection (d) of this Section pursuant to a lawful subpoena,
2
summons, warrant, citation to discover assets, or court order
3
only after the savings bank sends a copy of the subpoena,
4
summons, warrant, citation to discover assets, or court order
5
to the person establishing the relationship with the savings
6
bank, if living, and otherwise, the person's personal
7
representative, if known, at the person's last known address
8
by first class mail, postage prepaid, through a third-party
9
commercial carrier or courier with delivery charge fully
10
prepaid, by hand delivery, or by electronic delivery at an
11
email address on file with the savings bank (if the person
12
establishing the relationship with the savings bank has
13
consented to receive electronic delivery and, if the person
14
establishing the relationship with the savings bank is a
15
consumer, the person has consented under the consumer consent
16
provisions set forth in Section 7001 of Title 15 of the United
17
States Code), unless the savings bank is specifically
18
prohibited from notifying the person by order of court or by
19
applicable State or federal law. A savings bank shall not mail
20
a copy of a subpoena to any customer pursuant to this
21
subsection if the subpoena was issued by a grand jury.
22

(f) Any officer or employee of a savings bank who
23
knowingly and willfully furnishes financial records in
24
violation of this Section is guilty of a business offense and,
25
upon conviction, shall be fined not more than $1,000.
26

(g) Any person who knowingly and willfully induces or

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1
attempts to induce any officer or employee of a savings bank to
2
disclose financial records in violation of this Section is
3
guilty of a business offense and, upon conviction, shall be
4
fined not more than $1,000.
5

(h) If any member or shareholder desires to communicate
6
with the other members or shareholders of the savings bank
7
with reference to any question pending or to be presented at an
8
annual or special meeting, the savings bank shall give that
9
person, upon request, a statement of the approximate number of
10
members or shareholders entitled to vote at the meeting and an
11
estimate of the cost of preparing and delivering the
12
communication. The requesting member shall submit the
13
communication to the Commissioner who, upon finding it to be
14
appropriate and truthful, shall direct that it be prepared and
15
delivered to the members upon the requesting member's or
16
shareholder's payment or adequate provision for payment of the
17
expenses of preparation and delivery.
18

(i) A savings bank shall be reimbursed for costs that are
19
necessary and that have been directly incurred in searching
20
for, reproducing, or transporting books, papers, records, or
21
other data required to be reproduced pursuant to a lawful
22
subpoena, warrant, citation to discover assets, or court
23
order.
24

(j) Notwithstanding the provisions of this Section, a
25
savings bank may sell or otherwise make use of lists of names
26
and addresses of persons who have obtained a financial product

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1
or service from the savings bank. All other information is
2
subject to the disclosure provisions of this Section. At the
3
request of any person who has obtained a financial product or
4
service from the savings bank, that person's name and address
5
shall be deleted from any list that is to be sold or used in
6
any other manner beyond identification of the person's
7
accounts.
8
(Source: P.A. 104-123, eff. 1-1-26; 104-310, eff. 8-15-25;
9
revised 11-20-25.)

10

Section 15.
The Illinois Credit Union Act is amended by
11
changing Section 10 as follows:

12

(205 ILCS 305/10)
13

Sec. 10.
Credit union records; member financial records.
14

(1) A credit union shall establish and maintain books,
15
records, accounting systems
,
and procedures which accurately
16
reflect its operations and which enable the Department to
17
readily ascertain the true financial condition of the credit
18
union and whether it is complying with this Act.
19

(2) A photostatic or photographic reproduction of any
20
credit union records shall be admissible as evidence of
21
transactions with the credit union.
22

(3)(a) For the purpose of this Section, the term
23
"financial records" means any original, any copy, or any
24
summary of (1) a document granting signature authority over an

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1
account, (2) a statement, ledger card
,
or other record on any
2
account which shows each transaction in or with respect to
3
that account, (3) a check, draft
,
or money order drawn on a
4
financial institution or other entity or issued and payable by
5
or through a financial institution or other entity, or (4) any
6
other item containing information pertaining to any
7
relationship established in the ordinary course of business
8
between a credit union and its member, including financial
9
statements or other financial information provided by the
10
member.
11

(b) This Section does not prohibit:
12

(1) The preparation, examination, handling
,
or
13

maintenance of any financial records by any officer,
14

employee
,
or agent of a credit union having custody of
15

such records, or the examination of such records by a
16

certified public accountant engaged by the credit union to
17

perform an independent audit.
18

(2) The examination of any financial records by or the
19

furnishing of financial records by a credit union to any
20

officer, employee
,
or agent of the Department, the
21

National Credit Union Administration, Federal Reserve
22

Board or any insurer of share accounts for use solely in
23

the exercise of his duties as an officer, employee
,
or
24

agent.
25

(3) The publication of data furnished from financial
26

records relating to members where the data cannot be

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

identified to any particular member or account.
2

(4) The making of reports or returns required under
3

Chapter 61 of the Internal Revenue Code of 1954.
4

(5) Furnishing information concerning the dishonor of
5

any negotiable instrument permitted to be disclosed under
6

the Uniform Commercial Code.
7

(6) The exchange in the regular course of business of
8

(i) credit information between a credit union and other
9

credit unions or financial institutions or commercial
10

enterprises, directly or through a consumer reporting
11

agency
,
or (ii) financial records or information derived
12

from financial records between a credit union and other
13

credit unions or financial institutions or commercial
14

enterprises for the purpose of conducting due diligence
15

pursuant to a merger or a purchase or sale of assets or
16

liabilities of the credit union.
17

(7) The furnishing of information to the appropriate
18

law enforcement authorities where the credit union
19

reasonably believes it has been the victim of a crime.
20

(8) The furnishing of information pursuant to the
21

Revised Uniform Unclaimed Property Act.
22

(9) The furnishing of information pursuant to the
23

Illinois Income Tax Act and the Illinois Estate and
24

Generation-Skipping Transfer Tax Act.
25

(10) The furnishing of information pursuant to the
26

federal Currency and Foreign Transactions Reporting Act,

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

Title 31, United States Code, Section 1051 et sequentia.
2

(11) The furnishing of information pursuant to any
3

other statute which by its terms or by regulations
4

promulgated thereunder requires the disclosure of
5

financial records other than by subpoena, summons,
6

warrant
,
or court order.
7

(12) The furnishing of information in accordance with
8

the federal Personal Responsibility and Work Opportunity
9

Reconciliation Act of 1996. Any credit union governed by
10

this Act shall enter into an agreement for data exchanges
11

with a State agency provided the State agency pays to the
12

credit union a reasonable fee not to exceed its actual
13

cost incurred. A credit union providing information in
14

accordance with this item shall not be liable to any
15

account holder or other person for any disclosure of
16

information to a State agency, for encumbering or
17

surrendering any assets held by the credit union in
18

response to a lien or order to withhold and deliver issued
19

by a State agency, or for any other action taken pursuant
20

to this item, including individual or mechanical errors,
21

provided the action does not constitute gross negligence
22

or willful misconduct. A credit union shall have no
23

obligation to hold, encumber, or surrender assets until it
24

has been served with a subpoena, summons, warrant, court
25

or administrative order, lien, or levy.
26

(13) The furnishing of information to law enforcement

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

authorities, the Illinois Department on Aging and its
2

regional administrative and provider agencies, the
3

Department of Human Services Office of Inspector General,
4

or public guardians: (i) upon subpoena by the
5

investigatory entity or the guardian, or (ii)
as part of a
6

mandated report
if there is suspicion by the credit union
7

or a mandated reporter as defined in Section 2 of the Adult
8

Protective Services Act
that a member who is an elderly
9

person or person with a disability has been or may become
10

the victim of financial exploitation. For the purposes of
11

this item (13), the term: (i) "elderly person" means a
12

person who is 60 or more years of age, (ii) "person with a
13

disability" means a person who has or reasonably appears
14

to the credit union to have a physical or mental
15

disability that impairs his or her ability to seek or
16

obtain protection from or prevent financial exploitation,
17

and (iii) "financial exploitation" means tortious or
18

illegal use of the assets or resources of an elderly
19

person or person with a disability, and includes, without
20

limitation, misappropriation of the assets or resources of
21

the elderly person or person with a disability by undue
22

influence, breach of fiduciary relationship, intimidation,
23

fraud, deception, extortion, or the use of assets or
24

resources in any manner contrary to law. A credit union
, a
25

mandated reporter, or other persons

or person
furnishing
26

information pursuant to this item (13) shall be entitled

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

to the same rights and protections as
other persons

a
2

person
furnishing information under the Adult Protective
3

Services Act and the Illinois Domestic Violence Act of
4

1986.
5

(13.5) The furnishing of information to any person on
6

a list submitted and periodically updated by a member who
7

is an elderly person or person with a disability, if there
8

is suspicion by the credit union that the member has been
9

or may become a victim of financial exploitation. For
10

purposes of this item (13.5), the terms "elderly person",
11

"person with a disability", and "financial exploitation"
12

have the meanings given to those terms in item (13). The
13

credit union may convey the suspicion to any of the
14

following persons, if the person is not the suspected
15

perpetrator: (i) any person on the list; (ii) any
16

co-owner, additional authorized signatory, or beneficiary
17

on the account of the member; or (iii) any person known by
18

the credit union to be a family member, including a
19

parent, spouse, adult child, or sibling. When providing
20

information under this item (13.5), the credit union
may
21

pause the transaction in accordance with the account
22

holder agreement or similar documents and
shall limit the
23

information and only disclose that the credit union has
24

cause to suspect that the member may be a victim or target
25

of financial exploitation and the basis or bases of the
26

credit union's reasonable suspicion, without disclosing

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

any other details or confidential information regarding
2

the financial affairs of the member. Any disclosure made
3

pursuant to this subsection shall comply with all other
4

privacy laws and legal prohibitions, including
5

confidentiality requirements for suspicious activity
6

reports. The credit union may rely on information provided
7

by the member in compiling the list of contact persons.
8

The credit union and any employee of the credit union
9

acting in good faith is immune from all criminal, civil,
10

and administrative liability for
pausing the transaction,

11

contacting a person
,
or electing not to contact a person
12

under this item (13.5) and for actions taken in
13

furtherance of that determination, if the determination
14

was made based on a reasonable suspicion.
15

(14) The disclosure of financial records or
16

information as necessary to effect, administer, or enforce
17

a transaction requested or authorized by the member, or in
18

connection with:
19

(A) servicing or processing a financial product or
20

service requested or authorized by the member;
21

(B) maintaining or servicing a member's account
22

with the credit union; or
23

(C) a proposed or actual securitization or
24

secondary market sale (including sales of servicing
25

rights) related to a transaction of a member.
26

Nothing in this item (14), however, authorizes the

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LRB104 20074 CCC 33525 b
1

sale of the financial records or information of a member
2

without the consent of the member.
3

(15) The disclosure of financial records or
4

information as necessary to protect against or prevent
5

actual or potential fraud, unauthorized transactions,
6

claims, or other liability.
7

(16)(a) The disclosure of financial records or
8

information related to a private label credit program
9

between a financial institution and a private label party
10

in connection with that private label credit program. Such
11

information is limited to outstanding balance, available
12

credit, payment and performance and account history,
13

product references, purchase information, and information
14

related to the identity of the customer.
15

(b)(1) For purposes of this item (16), "private label
16

credit program" means a credit program involving a
17

financial institution and a private label party that is
18

used by a customer of the financial institution and the
19

private label party primarily for payment for goods or
20

services sold, manufactured, or distributed by a private
21

label party.
22

(2) For purposes of this item (16), "private label
23

party" means, with respect to a private label credit
24

program, any of the following: a retailer, a merchant, a
25

manufacturer, a trade group, or any such person's
26

affiliate, subsidiary, member, agent, or service provider.

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1

(17)(a) The furnishing of financial records of a
2

member to the Department to aid the Department's initial
3

determination or subsequent re-determination of the
4

member's eligibility for Medicaid and Medicaid long-term
5

care benefits for long-term care services, provided that
6

the credit union receives the written consent and
7

authorization of the member, which shall:
8

(1) have the member's signature notarized;
9

(2) be signed by at least one witness who
10

certifies that he or she believes the member to be of
11

sound mind and memory;
12

(3) be tendered to the credit union at the
13

earliest practicable time following its execution,
14

certification, and notarization;
15

(4) specifically limit the disclosure of the
16

member's financial records to the Department; and
17

(5) be in substantially the following form:

18
CUSTOMER CONSENT AND AUTHORIZATION
19
FOR RELEASE OF FINANCIAL RECORDS

20
I,
.......................................
, hereby authorize
21
(Name of Customer)

22
.............................................................

23
(Name of Financial Institution)

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LRB104 20074 CCC 33525 b
1
.............................................................

2
(Address of Financial Institution)

3
to disclose the following financial records:

4
any and all information concerning my deposit, savings, money
5
market, certificate of deposit, individual retirement,
6
retirement plan, 401(k) plan, incentive plan, employee benefit
7
plan, mutual fund and loan accounts (including, but not
8
limited to, any indebtedness or obligation for which I am a
9
co-borrower, co-obligor, guarantor, or surety), and any and
10
all other accounts in which I have an interest and any other
11
information regarding me in the possession of the Financial
12
Institution,

13
to the Illinois Department of Human Services or the Illinois
14
Department of Healthcare and Family Services, or both ("the
15
Department"), for the following purpose(s):

16
to aid in the initial determination or re-determination by the
17
State of Illinois of my eligibility for Medicaid long-term
18
care benefits, pursuant to applicable law.

19
I understand that this Consent and Authorization may be
20
revoked by me in writing at any time before my financial

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LRB104 20074 CCC 33525 b
1
records, as described above, are disclosed, and that this
2
Consent and Authorization is valid until the Financial
3
Institution receives my written revocation. This Consent and
4
Authorization shall constitute valid authorization for the
5
Department identified above to inspect all such financial
6
records set forth above, and to request and receive copies of
7
such financial records from the Financial Institution (subject
8
to such records search and reproduction reimbursement policies
9
as the Financial Institution may have in place). An executed
10
copy of this Consent and Authorization shall be sufficient and
11
as good as the original and permission is hereby granted to
12
honor a photostatic or electronic copy of this Consent and
13
Authorization. Disclosure is strictly limited to the
14
Department identified above and no other person or entity
15
shall receive my financial records pursuant to this Consent
16
and Authorization. By signing this form, I agree to indemnify
17
and hold the Financial Institution harmless from any and all
18
claims, demands, and losses, including reasonable attorneys
19
fees and expenses, arising from or incurred in its reliance on
20
this Consent and Authorization. As used herein, "Customer"
21
shall mean "Member" if the Financial Institution is a credit
22
union.

23
....................... ......................
24
(Date) (Signature of Customer)

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LRB104 20074 CCC 33525 b
1
......................
2
......................
3
(Address of Customer)

4
......................
5
(Customer's birth date)
6
(month/day/year)

7
The undersigned witness certifies that .................,
8
known to me to be the same person whose name is subscribed as
9
the customer to the foregoing Consent and Authorization,
10
appeared before me and the notary public and acknowledged
11
signing and delivering the instrument as his or her free and
12
voluntary act for the uses and purposes therein set forth. I
13
believe him or her to be of sound mind and memory. The
14
undersigned witness also certifies that the witness is not an
15
owner, operator, or relative of an owner or operator of a
16
long-term care facility in which the customer is a patient or
17
resident.

18
Dated: ................. ......................
19
(Signature of Witness)

20
......................
21
(Print Name of Witness)

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LRB104 20074 CCC 33525 b
1
......................
2
......................
3
(Address of Witness)

4
State of Illinois)
5
) ss.
6
County of .......)

7
The undersigned, a notary public in and for the above county
8
and state, certifies that .........., known to me to be the
9
same person whose name is subscribed as the customer to the
10
foregoing Consent and Authorization, appeared before me
11
together with the witness, .........., in person and
12
acknowledged signing and delivering the instrument as the free
13
and voluntary act of the customer for the uses and purposes
14
therein set forth.

15
Dated:
.......................................................

16
Notary Public:
...............................................

17
My commission expires:
.......................................

18

(b) In no event shall the credit union distribute the
19

member's financial records to the long-term care facility
20

from which the member seeks initial or continuing
21

residency or long-term care services.
22

(c) A credit union providing financial records of a

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LRB104 20074 CCC 33525 b
1

member in good faith relying on a consent and
2

authorization executed and tendered in accordance with
3

this item (17) shall not be liable to the member or any
4

other person in relation to the credit union's disclosure
5

of the member's financial records to the Department. The
6

member signing the consent and authorization shall
7

indemnify and hold the credit union harmless that relies
8

in good faith upon the consent and authorization and
9

incurs a loss because of such reliance. The credit union
10

recovering under this indemnification provision shall also
11

be entitled to reasonable attorney's fees and the expenses
12

of recovery.
13

(d) A credit union shall be reimbursed by the member
14

for all costs reasonably necessary and directly incurred
15

in searching for, reproducing, and disclosing a member's
16

financial records required or requested to be produced
17

pursuant to any consent and authorization executed under
18

this item (17). The requested financial records shall be
19

delivered to the Department within 10 days after receiving
20

a properly executed consent and authorization or at the
21

earliest practicable time thereafter if the requested
22

records cannot be delivered within 10 days, but delivery
23

may be delayed until the final reimbursement of all costs
24

is received by the credit union. The credit union may
25

honor a photostatic or electronic copy of a properly
26

executed consent and authorization.

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LRB104 20074 CCC 33525 b
1

(e) Nothing in this item (17) shall impair, abridge,
2

or abrogate the right of a member to:
3

(1) directly disclose his or her financial records
4

to the Department or any other person; or
5

(2) authorize his or her attorney or duly
6

appointed agent to request and obtain the member's
7

financial records and disclose those financial records
8

to the Department.
9

(f) For purposes of this item (17), "Department" means
10

the Department of Human Services and the Department of
11

Healthcare and Family Services or any successor
12

administrative agency of either agency.
13

(18) The furnishing of the financial records of a
14

member to an appropriate law enforcement authority,
15

without prior notice to or consent of the member, upon
16

written request of the law enforcement authority, when
17

reasonable suspicion of an imminent threat to the personal
18

security and safety of the member exists that necessitates
19

an expedited release of the member's financial records, as
20

determined by the law enforcement authority. The law
21

enforcement authority shall include a brief explanation of
22

the imminent threat to the member in its written request
23

to the credit union. The written request shall reflect
24

that it has been authorized by a supervisory or managerial
25

official of the law enforcement authority. The decision to
26

furnish the financial records of a member to a law

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1

enforcement authority shall be made by a supervisory or
2

managerial official of the credit union. A credit union
3

providing information in accordance with this item (18)
4

shall not be liable to the member or any other person for
5

the disclosure of the information to the law enforcement
6

authority.
7

(19) The furnishing of financial records of a deceased
8

member to a public administrator of any county or other
9

governmental jurisdiction for the purpose of facilitating
10

burial of the customer.
11

(20)

(19)
The furnishing of financial information to
12

the executor, executrix, administrator, or other lawful
13

representative of the estate of a member.
14

(c) Except as otherwise provided by this Act, a credit
15
union may not disclose to any person, except to the member or
16
his duly authorized agent, any financial records relating to
17
that member of the credit union unless:
18

(1) the member has authorized disclosure to the
19

person;
20

(2) the financial records are disclosed in response to
21

a lawful subpoena, summons, warrant, citation to discover
22

assets, or court order that meets the requirements of
23

subparagraph (3)(d) of this Section; or
24

(3) the credit union is attempting to collect an
25

obligation owed to the credit union and the credit union
26

complies with the provisions of Section 2I of the Consumer

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LRB104 20074 CCC 33525 b
1

Fraud and Deceptive Business Practices Act.
2

(d) A credit union shall disclose financial records under
3
item (3)(c)(2) of this Section pursuant to a lawful subpoena,
4
summons, warrant, citation to discover assets, or court order
5
only after the credit union sends a copy of the subpoena,
6
summons, warrant, citation to discover assets, or court order
7
to the person establishing the relationship with the credit
8
union, if living, and otherwise the person's personal
9
representative, if known, at the person's last known address
10
by first class mail, postage prepaid, through a third-party
11
commercial carrier or courier with delivery charge fully
12
prepaid, by hand delivery, or by electronic delivery at an
13
email address on file with the credit union (if the person
14
establishing the relationship with the credit union has
15
consented to receive electronic delivery and, if the person
16
establishing the relationship with the credit union is a
17
consumer, the person has consented under the consumer consent
18
provisions set forth in Section 7001 of Title 15 of the United
19
States Code), unless the credit union is specifically
20
prohibited from notifying the person by order of court or by
21
applicable State or federal law. In the case of a grand jury
22
subpoena, a credit union shall not mail a copy of a subpoena to
23
any person pursuant to this subsection if the subpoena was
24
issued by a grand jury or notifying the person would
25
constitute a violation of the federal Right to Financial
26
Privacy Act of 1978.

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LRB104 20074 CCC 33525 b
1

(e)(1) Any officer or employee of a credit union who
2
knowingly and willfully furnishes financial records in
3
violation of this Section is guilty of a business offense and
4
upon conviction thereof shall be fined not more than $1,000.
5

(2) Any person who knowingly and willfully induces or
6
attempts to induce any officer or employee of a credit union to
7
disclose financial records in violation of this Section is
8
guilty of a business offense and upon conviction thereof shall
9
be fined not more than $1,000.
10

(f) A credit union shall be reimbursed for costs which are
11
reasonably necessary and which have been directly incurred in
12
searching for, reproducing or transporting books, papers,
13
records or other data of a member required or requested to be
14
produced pursuant to a lawful subpoena, summons, warrant,
15
citation to discover assets, or court order. The Secretary and
16
the Director may determine, by rule, the rates and conditions
17
under which payment shall be made. Delivery of requested
18
documents may be delayed until final reimbursement of all
19
costs is received.
20
(Source: P.A. 104-123, eff. 1-1-26; 104-310, eff. 8-15-25;
21
104-403, eff. 1-1-26; revised 9-15-25.)

22

Section 20.
The Adult Protective Services Act is amended
23
by changing Sections 2, 3.5, 4, and 8 and by adding Section 16
24
as follows:

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LRB104 20074 CCC 33525 b
1

(320 ILCS 20/2)

(from Ch. 23, par. 6602)
2

Sec. 2.
Definitions.
As used in this Act, unless the
3
context requires otherwise:
4

(a) "Abandonment" means the desertion or willful forsaking
5
of an eligible adult by an individual responsible for the care
6
and custody of that eligible adult under circumstances in
7
which a reasonable person would continue to provide care and
8
custody. Nothing in this Act shall be construed to mean that an
9
eligible adult is a victim of abandonment because of health
10
care services provided or not provided by licensed health care
11
professionals.
12

(a-1) "Abuse" means causing any physical, mental or sexual
13
injury to an eligible adult, including exploitation of such
14
adult's financial resources, and abandonment or subjecting an
15
eligible adult to an environment which creates a likelihood of
16
harm to the eligible adult's health, physical and emotional
17
well-being, or welfare.
18

Nothing in this Act shall be construed to mean that an
19
eligible adult is a victim of abuse, abandonment, neglect, or
20
self-neglect for the sole reason that he or she is being
21
furnished with or relies upon treatment by spiritual means
22
through prayer alone, in accordance with the tenets and
23
practices of a recognized church or religious denomination.
24

Nothing in this Act shall be construed to mean that an
25
eligible adult is a victim of abuse because of health care
26
services provided or not provided by licensed health care

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1
professionals.
2

Nothing in this Act shall be construed to mean that an
3
eligible adult is a victim of abuse in cases of criminal
4
activity by strangers, telemarketing scams, consumer fraud,
5
internet fraud, home repair disputes, complaints against a
6
homeowners' association, or complaints between landlords and
7
tenants.
8

(a-5) "Abuser" means a person who is a family member,
9
caregiver, or another person who has a continuing relationship
10
with the eligible adult and abuses, abandons, neglects, or
11
financially exploits an eligible adult.
12

(a-6) "Adult with disabilities" means a person aged 18
13
through 59 who resides in a domestic living situation and
14
whose disability as defined in subsection (c-5) impairs his or
15
her ability to seek or obtain protection from abuse,
16
abandonment, neglect, or exploitation.
17

(a-7) "Caregiver" means a person who either as a result of
18
a family relationship, voluntarily, or in exchange for
19
compensation has assumed responsibility for all or a portion
20
of the care of an eligible adult who needs assistance with
21
activities of daily living or instrumental activities of daily
22
living.
23

(b) "Department" means the Department on Aging of the
24
State of Illinois.
25

(c) "Director" means the Director of the Department.
26

(c-5) "Disability" means a physical or mental disability,

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LRB104 20074 CCC 33525 b
1
including, but not limited to, a developmental disability, an
2
intellectual disability, a mental illness as defined under the
3
Mental Health and Developmental Disabilities Code, or dementia
4
as defined under the Alzheimer's Disease Assistance Act.
5

(d) "Domestic living situation" means a residence where
6
the eligible adult at the time of the report lives alone or
7
with his or her family or a caregiver, or others, or other
8
community-based unlicensed facility, but is not:
9

(1) A licensed facility as defined in Section 1-113 of
10

the Nursing Home Care Act;
11

(1.5) A facility licensed under the ID/DD Community
12

Care Act;
13

(1.6) A facility licensed under the MC/DD Act;
14

(1.7) A facility licensed under the Specialized Mental
15

Health Rehabilitation Act of 2013;
16

(2) A "life care facility" as defined in the Life Care
17

Facilities Act;
18

(3) A home, institution, or other place operated by
19

the federal government or agency thereof or by the State
20

of Illinois;
21

(4) A hospital, sanitarium, or other institution, the
22

principal activity or business of which is the diagnosis,
23

care, and treatment of human illness through the
24

maintenance and operation of organized facilities
25

therefor, which is required to be licensed under the
26

Hospital Licensing Act;

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LRB104 20074 CCC 33525 b
1

(5) A "community living facility" as defined in the
2

Community Living Facilities Licensing Act;
3

(6) (Blank);
4

(7) A "community-integrated living arrangement" as
5

defined in the Community-Integrated Living Arrangements
6

Licensure and Certification Act or a "community
7

residential alternative" as licensed under that Act;
8

(8) An assisted living or shared housing establishment
9

as defined in the Assisted Living and Shared Housing Act;
10

or
11

(9) A supportive living facility as described in
12

Section 5-5.01a of the Illinois Public Aid Code.
13

(e) "Eligible adult" means either an adult with
14
disabilities aged 18 through 59 or a person aged 60 or older
15
who resides in a domestic living situation and is, or is
16
alleged to be, abused, abandoned, neglected, or financially
17
exploited by another individual or who neglects himself or
18
herself. "Eligible adult" also includes an adult who resides
19
in any of the facilities that are excluded from the definition
20
of "domestic living situation" under paragraphs (1) through
21
(9) of subsection (d), if either: (i) the alleged abuse,
22
abandonment, or neglect occurs outside of the facility and not
23
under facility supervision and the alleged abuser is a family
24
member, caregiver, or another person who has a continuing
25
relationship with the adult; or (ii) the alleged financial
26
exploitation is perpetrated by a family member, caregiver, or

HB4911 Enrolled
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LRB104 20074 CCC 33525 b
1
another person who has a continuing relationship with the
2
adult, but who is not an employee of the facility where the
3
adult resides.
4

(f) "Emergency" means a situation in which an eligible
5
adult is living in conditions presenting a risk of death or
6
physical, mental or sexual injury and the provider agency has
7
reason to believe the eligible adult is unable to consent to
8
services which would alleviate that risk.
9

(f-1) "Financial exploitation" means the use of an
10
eligible adult's resources by another to the disadvantage of
11
that adult or the profit or advantage of a person other than
12
that adult.
13

(f-3) "Investment advisor" means any person required to
14
register as an investment adviser or investment adviser
15
representative under Section 8 of the Illinois Securities Law
16
of 1953, which for purposes of this Act excludes any bank,
17
trust company, savings bank, or credit union, or their
18
respective employees.
19

(f-5) "Mandated reporter" means any of the following
20
persons while engaged in carrying out their professional
21
duties:
22

(1) a professional or professional's delegate while
23

engaged in: (i) social services, (ii) law enforcement,
24

(iii) education, (iv) the care of an eligible adult or
25

eligible adults, or (v) any of the occupations required to
26

be licensed under the Behavior Analyst Licensing Act, the

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LRB104 20074 CCC 33525 b
1

Clinical Psychologist Licensing Act, the Clinical Social
2

Work and Social Work Practice Act, the Illinois Dental
3

Practice Act, the Dietitian Nutritionist Practice Act, the
4

Marriage and Family Therapy Licensing Act, the Medical
5

Practice Act of 1987, the Naprapathic Practice Act, the
6

Nurse Practice Act, the Nursing Home Administrators
7

Licensing and Disciplinary Act, the Illinois Occupational
8

Therapy Practice Act, the Illinois Optometric Practice Act
9

of 1987, the Pharmacy Practice Act, the Illinois Physical
10

Therapy Act, the Physician Assistant Practice Act of 1987,
11

the Podiatric Medical Practice Act of 1987, the
12

Respiratory Care Practice Act, the Professional Counselor
13

and Clinical Professional Counselor Licensing and Practice
14

Act, the Illinois Speech-Language Pathology and Audiology
15

Practice Act, the Veterinary Medicine and Surgery Practice
16

Act of 2004, and the Illinois Public Accounting Act;
17

(1.5) an employee of an entity providing developmental
18

disabilities services or service coordination funded by
19

the Department of Human Services;
20

(2) an employee of a vocational rehabilitation
21

facility prescribed or supervised by the Department of
22

Human Services;
23

(3) an administrator, employee, or person providing
24

services in or through an unlicensed community based
25

facility;
26

(4) any religious practitioner who provides treatment

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LRB104 20074 CCC 33525 b
1

by prayer or spiritual means alone in accordance with the
2

tenets and practices of a recognized church or religious
3

denomination, except as to information received in any
4

confession or sacred communication enjoined by the
5

discipline of the religious denomination to be held
6

confidential;
7

(5) field personnel of the Department of Healthcare
8

and Family Services, Department of Public Health, and
9

Department of Human Services, and any county or municipal
10

health department;
11

(6) personnel of the Department of Human Services, the
12

Guardianship and Advocacy Commission, the State Fire
13

Marshal, local fire departments, the Department on Aging
14

and its subsidiary Area Agencies on Aging and provider
15

agencies, except the State Long Term Care Ombudsman and
16

any of his or her representatives or volunteers where
17

prohibited from making such a report pursuant to 45 CFR
18

1324.11(e)(3)(iv);
19

(7) any employee of the State of Illinois not
20

otherwise specified herein who is involved in providing
21

services to eligible adults, including professionals
22

providing medical or rehabilitation services and all other
23

persons having direct contact with eligible adults;
24

(8) a person who performs the duties of a coroner or
25

medical examiner;
26

(9) a person who performs the duties of a paramedic or

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an emergency medical technician;
or
2

(10) a person who performs the duties of an investment
3

adviser or investment adviser representative as defined in
4

Sections 2.11 and 2.12b of the Illinois Securities Law of
5

1953 respectively;

advisor.

6

(11) a person who performs the duties of a dealer or a
7

salesperson as defined in Sections 2.7 and 2.9 of the
8

Illinois Securities Law of 1953 respectively; or

9

(12) an employee of a financial institution who serves
10

either as a branch manager or member of the compliance
11

team (including as a Bank Secrecy Act officer). "Financial
12

institution" is limited to a federally or State-chartered
13

bank, savings bank, savings and loan association, or
14

credit union.

15

(g) "Neglect" means another individual's failure to
16
provide an eligible adult with or willful withholding from an
17
eligible adult the necessities of life including, but not
18
limited to, food, clothing, shelter or health care. This
19
subsection does not create any new affirmative duty to provide
20
support to eligible adults. Nothing in this Act shall be
21
construed to mean that an eligible adult is a victim of neglect
22
because of health care services provided or not provided by
23
licensed health care professionals.
24

(h) "Provider agency" means any public or nonprofit agency
25
in a planning and service area that is selected by the
26
Department or appointed by the regional administrative agency

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1
with prior approval by the Department on Aging to receive and
2
assess reports of alleged or suspected abuse, abandonment,
3
neglect, or financial exploitation. A provider agency is also
4
referenced as a "designated agency" in this Act.
5

(i) "Regional administrative agency" means any public or
6
nonprofit agency in a planning and service area that provides
7
regional oversight and performs functions as set forth in
8
subsection (b) of Section 3 of this Act. The Department shall
9
designate an Area Agency on Aging as the regional
10
administrative agency or, in the event the Area Agency on
11
Aging in that planning and service area is deemed by the
12
Department to be unwilling or unable to provide those
13
functions, the Department may serve as the regional
14
administrative agency or designate another qualified entity to
15
serve as the regional administrative agency; any such
16
designation shall be subject to terms set forth by the
17
Department.
18

(i-5) "Self-neglect" means a condition that is the result
19
of an eligible adult's inability, due to physical or mental
20
impairments, or both, or a diminished capacity, to perform
21
essential self-care tasks that substantially threaten his or
22
her own health, including: providing essential food, clothing,
23
shelter, and health care; and obtaining goods and services
24
necessary to maintain physical health, mental health,
25
emotional well-being, and general safety. The term includes
26
compulsive hoarding, which is characterized by the acquisition

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1
and retention of large quantities of items and materials that
2
produce an extensively cluttered living space, which
3
significantly impairs the performance of essential self-care
4
tasks or otherwise substantially threatens life or safety.
5

(j) "Substantiated case" means a reported case of alleged
6
or suspected abuse, abandonment, neglect, financial
7
exploitation, or self-neglect in which a provider agency,
8
after assessment, determines that there is reason to believe
9
abuse, abandonment, neglect, or financial exploitation has
10
occurred.
11

(k) "Verified" means a determination that there is "clear
12
and convincing evidence" that the specific injury or harm
13
alleged was the result of abuse, abandonment, neglect, or
14
financial exploitation.
15
(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
16
103-329, eff. 1-1-24; 103-626, eff. 1-1-25
.)

17

(320 ILCS 20/3.5)
18

Sec. 3.5.
Other responsibilities.
The Department shall
19
also be responsible for the following activities, contingent
20
upon adequate funding; implementation shall be expanded to
21
adults with disabilities upon the effective date of this
22
amendatory Act of the 98th General Assembly, except those
23
responsibilities under subsection (a), which shall be
24
undertaken as soon as practicable:
25

(a) promotion of a wide range of endeavors for the

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purpose of preventing abuse, abandonment, neglect,
2

financial exploitation, and self-neglect, including, but
3

not limited to, promotion of public and professional
4

education to increase awareness of abuse, abandonment,
5

neglect, financial exploitation, and self-neglect; to
6

increase reports; to establish access to and use of the
7

Registry established under Section 7.5; and to improve
8

response by various legal, financial, social, and health
9

systems;
10

(b) coordination of efforts with other agencies,
11

councils, and like entities, to include but not be limited
12

to, the Administrative Office of the Illinois Courts, the
13

Office of the Attorney General, the Illinois State Police,
14

the Illinois Law Enforcement Training Standards Board, the
15

State Triad, the Illinois Criminal Justice Information
16

Authority, the Departments of Public Health, Healthcare
17

and Family Services, and Human Services, the Illinois
18

Guardianship and Advocacy Commission, the Family Violence
19

Coordinating Council, the Illinois Violence Prevention
20

Authority, and other entities which may impact awareness
21

of, and response to, abuse, abandonment, neglect,
22

financial exploitation, and self-neglect;
23

(c) collection and analysis of data;
24

(d) monitoring of the performance of regional
25

administrative agencies and adult protective services
26

agencies;

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(e) promotion of prevention activities;
2

(f) establishing and coordinating an aggressive
3

training program on the unique nature of adult abuse cases
4

with other agencies, councils, and like entities, to
5

include but not be limited to the Office of the Attorney
6

General, the Illinois State Police, the Illinois Law
7

Enforcement Training Standards Board, the State Triad, the
8

Illinois Criminal Justice Information Authority, the State
9

Departments of Public Health, Healthcare and Family
10

Services, and Human Services, the Family Violence
11

Coordinating Council, the Illinois Violence Prevention
12

Authority, the agency designated by the Governor under
13

Section 1 of the Protection and Advocacy for Persons with
14

Developmental Disabilities Act, and other entities that
15

may impact awareness of and response to abuse,
16

abandonment, neglect, financial exploitation, and
17

self-neglect;
18

(g) solicitation of financial institutions for the
19

purpose of making information available to the general
20

public warning of financial exploitation of adults and
21

related financial fraud or abuse, including such
22

information and warnings available through signage or
23

other written materials provided by the Department on the
24

premises of such financial institutions, provided that the
25

manner of displaying or distributing such information is
26

subject to the sole discretion of each financial

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1

institution; and
2

(g-1) developing by joint rulemaking with the
3

Department of Financial and Professional Regulation
4

minimum training standards which shall be used by
5

financial institutions for their current and new employees
6

with direct customer contact
and any individual who falls
7

under paragraphs (10), (11), or (12) of subsection (f-5)
8

of Section 2
; the Department of Financial and Professional
9

Regulation shall retain sole visitation and enforcement
10

authority under this subsection (g-1)
, except that the
11

Secretary of State shall retain sole visitation and
12

enforcement authority for individuals who fall under
13

paragraphs (10) and (11) of subsection (f-5) of Section 2
;
14

the Department of Financial and Professional Regulation
15

shall provide bi-annual reports to the Department
setting
16

forth aggregate statistics on the training programs
17

required under this subsection (g-1)
.
18
(Source: P.A. 102-244, eff. 1-1-22; 102-538, eff. 8-20-21;
19
102-813, eff. 5-13-22; 103-626, eff. 1-1-25
.)

20

(320 ILCS 20/4)

(from Ch. 23, par. 6604)
21

Sec. 4.
Reports of abuse, abandonment, or neglect.
22

(a) Any person who suspects the abuse, abandonment,
23
neglect, financial exploitation, or self-neglect of an
24
eligible adult may report this suspicion or information about
25
the suspicious death of an eligible adult to an agency

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1
designated to receive such reports under this Act or to the
2
Department.
3

(a-5) If any mandated reporter has reason to believe that
4
an eligible adult, who because of a disability or other
5
condition or impairment is unable to seek assistance for
6
himself or herself, has, within the previous 12 months, been
7
subjected to abuse, abandonment, neglect, or financial
8
exploitation, the mandated reporter shall, within 24 hours
9
after developing such belief, report this suspicion to an
10
agency designated to receive such reports under this Act or to
11
the Department. The agency designated to receive such reports
12
under this Act or the Department may establish a manner in
13
which a mandated reporter can make the required report through
14
an Internet reporting tool. Information sent and received
15
through the Internet reporting tool is subject to the same
16
rules in this Act as other types of confidential reporting
17
established by the designated agency or the Department.
18
Whenever a mandated reporter is required to report under this
19
Act in his or her capacity as a member of the staff of a
20
medical or other public or private institution, facility, or
21
agency, he or she shall make a report to an agency designated
22
to receive such reports under this Act or to the Department in
23
accordance with the provisions of this Act and may also notify
24
the person in charge of the institution, facility, or agency
25
or his or her designated agent that the report has been made.
26
Under no circumstances shall any person in charge of such

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1
institution, facility, or agency, or his or her designated
2
agent to whom the notification has been made, exercise any
3
control, restraint, modification, or other change in the
4
report or the forwarding of the report to an agency designated
5
to receive such reports under this Act or to the Department.
6
The privileged quality of communication between any
7
professional person required to report and his or her patient
8
or client shall not apply to situations involving abused,
9
abandoned, neglected, or financially exploited eligible adults
10
and shall not constitute grounds for failure to report as
11
required by this Act.
12

(a-6) If a mandated reporter has reason to believe that
13
the death of an eligible adult may be the result of abuse or
14
neglect, the matter shall be reported to an agency designated
15
to receive such reports under this Act or to the Department for
16
subsequent referral to the appropriate law enforcement agency
17
and the coroner or medical examiner in accordance with
18
subsection (c-5) of Section 3 of this Act.
19

(a-7) A person making a report under this Act in the belief
20
that it is in the alleged victim's best interest shall be
21
immune from criminal or civil liability or professional
22
disciplinary action on account of making the report,
23
notwithstanding any requirements concerning the
24
confidentiality of information with respect to such eligible
25
adult which might otherwise be applicable.
26

(a-9) Law enforcement officers shall continue to report

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1
incidents of alleged abuse pursuant to the Illinois Domestic
2
Violence Act of 1986, notwithstanding any requirements under
3
this Act.
4

(b) Any person, institution or agency participating in the
5
making of a report, providing information or records related
6
to a report, assessment, or services, or participating in the
7
investigation of a report under this Act in good faith, or
8
taking photographs or x-rays as a result of an authorized
9
assessment, shall have immunity from any civil, criminal or
10
other liability in any civil, criminal or other proceeding
11
brought in consequence of making such report or assessment or
12
on account of submitting or otherwise disclosing such
13
photographs or x-rays to any agency designated to receive
14
reports of alleged or suspected abuse, abandonment, or
15
neglect. Any person, institution or agency authorized by the
16
Department to provide assessment, intervention, or
17
administrative services under this Act shall, in the good
18
faith performance of those services, have immunity from any
19
civil, criminal or other liability in any civil, criminal, or
20
other proceeding brought as a consequence of the performance
21
of those services. For the purposes of any civil, criminal, or
22
other proceeding, the good faith of any person required to
23
report, permitted to report, or participating in an
24
investigation of a report of alleged or suspected abuse,
25
abandonment, neglect, financial exploitation, or self-neglect
26
shall be presumed.

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1

(c) The identity of a person making a report of alleged or
2
suspected abuse, abandonment, neglect, financial exploitation,
3
or self-neglect or a report concerning information about the
4
suspicious death of an eligible adult under this Act may be
5
disclosed by the Department or other agency provided for in
6
this Act only with such person's written consent or by court
7
order, but is otherwise confidential.
8

(d) The Department shall by rule establish a system for
9
filing and compiling reports made under this Act.
10

(e) Any physician who willfully fails to report as
11
required by this Act shall be referred to the Illinois State
12
Medical Disciplinary Board for action in accordance with
13
subdivision (A)(22) of Section 22 of the Medical Practice Act
14
of 1987. Any dentist or dental hygienist who willfully fails
15
to report as required by this Act shall be referred to the
16
Department of Financial and Professional Regulation for
17
possible disciplinary action. Any optometrist who willfully
18
fails to report as required by this Act shall be referred to
19
the Department of Financial and Professional Regulation for
20
action in accordance with paragraph (15) of subsection (a) of
21
Section 24 of the Illinois Optometric Practice Act of 1987.
22
Any employee of a financial institution who willfully fails to
23
report as required by this Act shall be referred to the
24
Department of Financial and Professional Regulation for
25
possible disciplinary action.
Any other mandated reporter
26
required by this Act to report suspected abuse, abandonment,

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1
neglect, or financial exploitation who willfully fails to
2
report the same is guilty of a Class A misdemeanor.
3
(Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24;
4
103-626, eff. 1-1-25
.)

5

(320 ILCS 20/8)

(from Ch. 23, par. 6608)
6

Sec. 8.
Access to records.

7

(a)
All records concerning reports of abuse, abandonment,
8
neglect, financial exploitation, or self-neglect or reports of
9
suspicious deaths due to abuse, neglect, or financial
10
exploitation and all records generated as a result of such
11
reports shall be confidential and shall not be disclosed
12
except as specifically authorized by this Act
or other
13
applicable law
. In accord with established law and Department
14
protocols, procedures, and policies, access to such records,
15
but not access to the identity of the person or persons making
16
a report of alleged abuse, abandonment, neglect, financial
17
exploitation, or self-neglect as contained in such records,
18
shall be provided, upon request, to the following persons and
19
for the following persons:
20

(1) Department staff, provider agency staff, other
21

aging network staff, and regional administrative agency
22

staff, including staff of the Chicago Department on Aging
23

while that agency is designated as a regional
24

administrative agency, in the furtherance of their
25

responsibilities under this Act;

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1

(1.5) A representative of the public guardian acting
2

in the course of investigating the appropriateness of
3

guardianship for the eligible adult or while pursuing a
4

petition for guardianship of the eligible adult pursuant
5

to the Probate Act of 1975;
6

(2) A law enforcement agency or State's Attorney's
7

office investigating known or suspected abuse,
8

abandonment, neglect, financial exploitation, or
9

self-neglect. Where a provider agency has reason to
10

believe that the death of an eligible adult may be the
11

result of abuse, abandonment, or neglect, including any
12

reports made after death, the agency shall immediately
13

provide the appropriate law enforcement agency with all
14

records pertaining to the eligible adult;
15

(2.5) A law enforcement agency, fire department
16

agency, or fire protection district having proper
17

jurisdiction pursuant to a written agreement between a
18

provider agency and the law enforcement agency, fire
19

department agency, or fire protection district under which
20

the provider agency may furnish to the law enforcement
21

agency, fire department agency, or fire protection
22

district a list of all eligible adults who may be at
23

imminent risk of abuse, abandonment, neglect, financial
24

exploitation, or self-neglect;
25

(3) A physician who has before him or her or who is
26

involved in the treatment of an eligible adult whom he or

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1

she reasonably suspects may be abused, abandoned,
2

neglected, financially exploited, or self-neglected or who
3

has been referred to the Adult Protective Services
4

Program;
5

(4) An eligible adult reported to be abused,
6

abandoned, neglected, financially exploited, or
7

self-neglected, or such adult's authorized guardian or
8

agent, unless such guardian or agent is the abuser or the
9

alleged abuser;
10

(4.5)
A court-appointed

An
executor or administrator
11

of the estate of an eligible adult who is deceased
, unless
12

the executor or administrator is the abuser or the alleged
13

abuser
;
14

(5)
Any court of competent jurisdiction with a valid
15

court order

A probate court with jurisdiction over the
16

guardianship of an alleged victim
for an in camera
17

inspection;
18

(5.5) A guardian ad litem, unless such guardian ad
19

litem is the abuser or alleged abuser;
20

(6) A grand jury, upon its determination that access
21

to such records is necessary in the conduct of its
22

official business;
23

(7) Any person authorized by the Director, in writing,
24

for audit or bona fide research purposes;
25

(8) A coroner or medical examiner who has reason to
26

believe that an eligible adult has died as the result of

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1

abuse, abandonment, neglect, financial exploitation, or
2

self-neglect. The
Department

provider agency
shall
3

immediately
provide the coroner or medical examiner with
4

all records pertaining to the eligible adult
as soon as
5

practicable
;
6

(8.5) A coroner or medical examiner having proper
7

jurisdiction, pursuant to a written agreement between a
8

provider agency and the coroner or medical examiner, under
9

which the provider agency may furnish to the office of the
10

coroner or medical examiner a list of all eligible adults
11

who may be at imminent risk of death as a result of abuse,
12

abandonment, neglect, financial exploitation, or
13

self-neglect;
14

(9) Department of Financial and Professional
15

Regulation staff and members of the Illinois Medical
16

Disciplinary Board or the Social Work Examining and
17

Disciplinary Board in the course of investigating alleged
18

violations of the Clinical Social Work and Social Work
19

Practice Act by provider agency staff or other licensing
20

bodies at the discretion of the Director of the Department
21

on Aging;
22

(9-a) Department of Healthcare and Family Services
23

staff and provider agency staff when that Department is
24

funding services to the eligible adult, including access
25

to the identity of the eligible adult;
26

(9-b) Department of Human Services staff and provider

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1

agency staff when that Department is funding services to
2

the eligible adult or is providing reimbursement for
3

services provided by the abuser or alleged abuser,
4

including access to the identity of the eligible adult;
5

(10) Hearing officers in the course of conducting an
6

administrative hearing under this Act; parties to such
7

hearing shall be entitled to discovery as established by
8

rule;
9

(11) A caregiver who challenges placement on the
10

Registry shall be given the statement of allegations in
11

the abuse report and the substantiation decision in the
12

final investigative report; and
13

(12) The Illinois Guardianship and Advocacy Commission
14

and the agency designated by the Governor under Section 1
15

of the Protection and Advocacy for Persons with
16

Developmental Disabilities Act shall have access, through
17

the Department, to records, including the findings,
18

pertaining to a completed or closed investigation of a
19

report of suspected abuse, abandonment, neglect, financial
20

exploitation, or self-neglect of an eligible adult.
21

(b) The Department, at its discretion, may provide the
22
records to any professional licensing board or commission,
23
investigatory unit, prosecutorial unit, or similar
24
disciplinary body if any substantiated abuser falls under its
25
purview, as well as any persons listed under subsection (a).

26

(c) All records not generated by the Department but

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1
obtained during the course of an Adult Protective Service
2
investigation or related to an Adult Protective Service case,
3
including, but not limited to, financial records and medical
4
records, shall be confidential and shall not be disclosed
5
except at the Department's sole discretion. As such, these
6
records are exempt from disclosure under the Freedom of
7
Information Act. These records may be obtained through
8
intergovernmental agreements with the Department.

9
(Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24
.)

10

(320 ILCS 20/16 new)
11

Sec. 16.
Notification and reporting.
By July 1, 2028, the
12
Department shall establish a web-based portal to receive
13
alleged or suspected reports of financial exploitation as well
14
as other reports of alleged or suspected abuse, abandonment,
15
neglect, or self-neglect. The Department may refer the records
16
to law enforcement and State agencies on a case-by-case basis.
17
All records shared shall be maintained for the confidential
18
use of law enforcement and the Department and are exempt from
19
disclosure under the Freedom of Information Act. This record
20
access does not entitle any entity to Adult Protective
21
Services records. For the purposes of this Section, "financial
22
exploitation" has the meaning described in subsection (a) of
23
Section 17-56 of the Criminal Code of 2012.

24

Section 25.
The Illinois Securities Law of 1953 is amended

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1
by adding Section 18.5 as follows:

2

(815 ILCS 5/18.5 new)
3

Sec. 18.5.
Transactional holds for eligible adults.
4

(a) Dealers, salespersons, investment advisers, and
5
investment adviser representatives may contact an eligible
6
adult's trusted contact person or any person known to be a
7
family member, including a parent, spouse, adult child, or
8
sibling, when they have a reasonable suspicion that a
9
transaction or disbursement from an account of an eligible
10
adult may involve, facilitate, result in, or contribute to
11
financial exploitation of that eligible adult.
12

(b) Dealers, salespersons, investment advisers, and
13
investment adviser representatives may issue an initial
14
transactional hold when they have a reasonable suspicion that
15
a transaction or disbursement from an account of an eligible
16
adult may involve, facilitate, result in, or contribute to
17
financial exploitation of that eligible adult. Any initial
18
transactional hold must be followed by an internal review that
19
satisfies the internal policies of the financial firms that
20
issued the hold. For the purposes of this Section, "eligible
21
adult" has the meaning ascribed to that term in the Adult
22
Protective Services Act and "financial exploitation" has the
23
meaning described in subsection (a) of Section 17-56 of the
24
Criminal Code of 2012.
25

(c) Dealers, salespersons, investment advisers, and

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1
investment adviser representatives acting in good faith are
2
immune from all criminal, civil, and administrative liability
3
for holding a transaction, contacting a person, or electing
4
not to contact a person and for actions taken in furtherance of
5
that determination, if the determination was made based on a
6
reasonable suspicion.
7

(d) The duration of an initial transactional hold is
8
limited to no longer than 15 business days or sooner if the
9
dealer, salesperson, investment adviser, or investment adviser
10
representative has satisfied its own internal policies by
11
conducting a review of the facts and circumstances surrounding
12
the reasonable suspicion and has made a determination that no
13
financial exploitation of the eligible adult is taking place.
14
The dealer, salesperson, investment adviser, or investment
15
adviser representative may issue an extended transactional
16
hold for an additional 45 business days following the initial
17
hold if the internal review of the available facts and
18
circumstances continues to support the reasonable suspicion
19
that financial exploitation of the specified adult has
20
occurred, is occurring, has been attempted, or will be
21
attempted. The length of the extended transactional hold may
22
be shortened or extended at any time by a court of competent
23
jurisdiction.
24

(e) If any dealer, salesperson, investment adviser, or
25
investment adviser representative issues any transactional
26
hold in accordance with this Section, the dealer or investment

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1
adviser must provide notice orally or in writing of the
2
transactional hold to all parties authorized to transact
3
business on the account within 2 business days of the hold
4
being issued, unless the dealer, salesperson, investment
5
adviser, or investment adviser representative reasonably
6
believes that the party has engaged, is engaged, or will
7
engage in the financial exploitation of the eligible adult.
8
This notice must reference the requirements and time frames
9
detailed in this Section and the reason for the hold. The
10
dealer or investment adviser may provide notice of the
11
transactional hold to the eligible adult's trusted contact
12
person or persons.
13

(f) Any dealer or investment adviser that employs
14
salespersons and investment advisers conducting an internal
15
review in accordance with this Section that results in a
16
reasonable suspicion that a transaction or disbursement may
17
involve, facilitate, result in, or contribute to financial
18
exploitation of an eligible adult must notify Adult Protective
19
Services of its findings within 24 hours and share any related
20
documentation. All information shared shall be maintained for
21
the confidential use of law enforcement, the Securities
22
Department of the Office of the Secretary of State, and the
23
Department on Aging and are exempt from disclosure under the
24
Freedom of Information Act. This information access does not
25
entitle any entity to Adult Protective Services records.

26

Section 99.
Effective date.
This Act takes effect July 1,

HB4911 Enrolled
- 79 -
LRB104 20074 CCC 33525 b
1
2027.

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