POWER OF ATTY-PATIENT RIGHTS

Illinois General Assembly - Full Text of HB5026

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HB5026 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5026

Introduced 2/10/2026, by Rep. Marcus C. Evans, Jr.

SYNOPSIS AS INTRODUCED:

755 ILCS 45/4-13 new

Amends the Illinois Power of Attorney Act. Creates rights for
patients with a health power of attorney. Provides that all individuals
undergoing surgery, hospitalization, or any medical procedure shall have
the right to designate a designated representative in a health care power
of attorney on their behalf in the event of incapacitation. Provides that
patients and their designated representatives are guaranteed the following
rights: (1) the right to receive clear, comprehensive information about
proposed treatments, including risks, benefits, and alternatives, in a
language and format they understand, before agreeing to any procedure; (2)
the right to view, request, and receive copies of all medical records, and
the assurance of confidentiality in accordance with Health Insurance
Portability and Accountability Act and related privacy laws; (3) the right
to appeal medical decisions, including denial of treatment, discharge, or
transfer; (4) the right to request and receive a second opinion from
another qualified medical professional or specialist, including those
outside the treating facility, without fear of delay, retaliation, or
obstruction; and (5) the right to medical interpretation services for
patients or their designated representative who do not speak or understand
English fluently, including access to certified medical translators and
translated documents, at no cost to the patient. Creates a State Patient
Rights and Advocacy Commission to oversee implementation of the Act,
monitor compliance by health care providers, and respond to violations.
Provides that any health care provider or institution found to be in
violation of the Act is subject to disciplinary sanctions, which may
include: civil fines; suspension or revocation of professional licenses;
facility accreditation review or suspension; and mandatory corrective
action plans and staff retraining.
LRB104 18014 JRC 31451 b

A BILL FOR

HB5026
LRB104 18014 JRC 31451 b
1

AN ACT concerning civil law.

2

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

4

Section 5.
The Illinois Power of Attorney Act is amended
5
by adding Section 4-13 as follows:

6

(755 ILCS 45/4-13 new)
7

Sec. 4-13.
Rights of patients.
8

(a) This Section guarantees the right of individuals to
9
designate a health care agent ensuring that their medical
10
decisions are respected and upheld, while protecting the
11
autonomy, dignity, and rights of all patients, regardless of
12
legal status, identity, or relationship structure, in all
13
medical settings. Inspired by the lived experiences of
14
patients and families who have been denied the right to
15
advocate for their loved ones in times of crisis, this Section
16
affirms that every person deserves equal protection and
17
recognition in health care.
18

(b) As used in this Section:
19

"Designated representative" means a person chosen by the
20
patient to make medical decisions on the patient's behalf.
21
This may be a legally appointed health care agent as defined in
22
Section 4-4 of the Illinois Power of Attorney Act, or, if
23
applicable, a temporary surrogate authorized for specific

HB5026
- 2 -
LRB104 18014 JRC 31451 b
1
health care situations. The representative may be a spouse,
2
domestic partner, chosen family member, friend, or any trusted
3
individual designated by the patient.
4

"Health care provider" has the same meaning as used in
5
Section 4-4 of the Illinois Power of Attorney Act.
6

"Patient" means any individual receiving health care
7
services, regardless of age, marital status, gender identity,
8
or sexual orientation.
9

(c) Notwithstanding any other provision in the Illinois
10
Power of Attorney Act, all individuals undergoing surgery,
11
hospitalization, or any medical procedure have the right to
12
execute a health care power of attorney in the event of
13
incapacitation.
14

(1) Upon admission, all health care facilities must
15

provide patients with a written opportunity to designate a
16

representative or update their health care power of
17

attorney. This designation must be clearly documented,
18

signed, and acknowledged by the provider.
19

(2) The designated representative must be recorded in
20

the patient's electronic health record and verified by
21

attending medical personnel before performing any major
22

procedure or making critical care decisions.
23

(3) No patient may be denied the right to designate a
24

representative based on marital status. Protections must
25

be extended equally to unmarried partners, long-term
26

companions, and other individuals chosen by the patient,

HB5026
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LRB104 18014 JRC 31451 b
1

in recognition of diverse family structures.
2

(4) Regardless of insurance coverage, financial
3

status, or pre-existing conditions, every patient has the
4

right to designate a health care agent under a power of
5

attorney at the time of admission.
6

(d) Patients and their designated representatives have the
7
following rights:
8

(1) The right to receive clear, comprehensive
9

information about proposed treatments, including risks,
10

benefits, and alternatives, in a language and format they
11

understand, before agreeing to any procedure.
12

(2) The right to view, request, and receive copies of
13

all medical records, and the assurance of confidentiality
14

in accordance with Health Insurance Portability and
15

Accountability Act and related privacy laws.
16

(3) The right to appeal medical decisions, including
17

denial of treatment, discharge, or transfer. Appeals may
18

be filed through the health care provider's internal
19

review board, a third-party medical ethics committee, or
20

pursued through legal action, depending on the nature and
21

urgency of the case.
22

(4) The right to request and receive a second opinion
23

from another qualified medical professional or specialist,
24

including those outside the treating facility, without
25

fear of delay, retaliation, or obstruction.
26

(5) The right to medical interpretation services for

HB5026
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LRB104 18014 JRC 31451 b
1

patients or their agent who do not speak or understand
2

English fluently, including access to certified medical
3

translators and translated documents, at no cost to the
4

patient.
5

(e) A Patient Rights and Advocacy Commission shall be
6
established by the Illinois Department of Public Health to
7
oversee implementation of this Section, monitor compliance by
8
health care providers, and respond to violations. The
9
Commission operates independently and must report annually to
10
the General Assembly.
11

(f) Any health care provider found to be in violation of
12
this Section is subject to disciplinary sanctions, which may
13
include civil fines, suspension or revocation of professional
14
licenses, facility accreditation review or suspension, and
15
mandatory corrective action plans and staff retraining.
16

(g) Patients and their designated representatives have the
17
right to seek legal remedies, including filing complaints with
18
the Commission, initiating civil litigation for damages
19
resulting from a violation, or requesting injunctive relief to
20
prevent ongoing or future harm.
21

(h) Health care workers or administrative staff who report
22
violations of patient rights under this Section are protected
23
from retaliation, including termination, demotion, or
24
professional blacklisting. Violations of this subsection may
25
result in additional penalties for the institution or
26
provider.

HB5026
- 5 -
LRB104 18014 JRC 31451 b
1

(i) A health care provider, facility, or affiliated staff
2
may not deny care, delay treatment, or otherwise discriminate
3
against a patient based on the identity, relationship, or
4
legal status of their designated health care agent. The
5
protections in this Section apply equally to spouses,
6
unmarried partners, chosen family, friends, individuals and
7
families, and any other persons lawfully designated by the
8
patient, regardless of marital status, gender identity, sexual
9
orientation, race, ethnicity, immigration status, or
10
disability.
11

(j) Health care providers and institutions are strictly
12
prohibited from retaliating against a patient, the patient's
13
agent, or any representative for exercising rights under this
14
Section. Retaliatory actions include, but are not limited to,
15
denial or delay of care; dismissal from a medical practice;
16
alteration of medical services or standards; or threats,
17
intimidation, or harassment.
18

(k) Any act of discrimination or retaliation under this
19
Section is grounds for disciplinary action, civil penalties,
20
and potential revocation of licenses or certifications, as
21
determined by the Commission.
22

(l) All licensed health care providers are required to
23
conduct annual training for all medical, administrative, and
24
support staff on patient rights under this Section, with a
25
specific focus on recognition and respect of power of attorney
26
designations, anti-discrimination and anti-retaliation

HB5026
- 6 -
LRB104 18014 JRC 31451 b
1
policies, cultural competency and unconscious bias awareness,
2
and how to properly document and honor power of attorney
3
instructions in patient care protocols. Health care providers
4
must certify completion of training to the Commission annually
5
to remain in compliance.
6

(m) Patients and their designated representatives have the
7
right to pursue legal action. Remedies may include civil
8
litigation to recover damages, including emotional distress
9
and wrongful death if applicable; injunctive relief to stop
10
ongoing violations; reinstatement or correction of access to
11
care or enforcement of a power of attorney.
12

(n) The Commission must monitor implementation of this
13
Section, investigate formal complaints, and issue
14
recommendations or corrective directives. The Commission shall
15
be composed of legal, medical, and community representatives;
16
maintain a confidential, publicly accessible complaint system;
17
report annually to the General Assembly; refer egregious or
18
unresolved cases to appropriate enforcement bodies for legal
19
action.
20

(o) Health care institutions must cooperate fully with the
21
Board's investigations and submit to audits or compliance
22
reviews upon request. Noncompliance with a Commission
23
investigation is a violation of this Section.
24

(p) The Department of Public Health is authorized to adopt
25
rules necessary to implement this Act.

HB5026
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LRB104 18014 JRC 31451 b
1

Section 97.
Severability.
The provisions of this Act are
2
severable under Section 1.31 of the Statute on Statutes.

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