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HB 3811

ABLE ACCOUNT PROGRAM

103rd Regular Session Introduced by Kelly Burke and 6 co-sponsors

Hospitals and nursing facilities must notify the Office of the State Guardian and county public guardians when patients lack capacity and have no affordable representatives.

Placed on Calendar Order of 3rd Reading January 5, 2025
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Bill Summary · HB 3811

HB 3811 — ABLE ACCOUNT PROGRAM (summary)

Note: Bill introduced in the 104th General Assembly by Rep. Terra Costa Howard (first reading 2/18/2025). The bill amends provisions of the Nursing Home Care Act, the Hospital Licensing Act, and the Probate Act of 1975. Current status records show placement on the calendar for 3rd reading (January 5, 2025) and subsequent committee activity through May 2025.

Purpose / Intent

To strengthen protections and oversight for adults with diminished decision‑making capacity who lack available family or surrogate decision‑makers, by requiring health facilities to notify state and local guardianship authorities and by creating regulatory standards for private professional guardians.

Key provisions

  • Statutory changes

    • Amends Nursing Home Care Act (210 ILCS 45/2‑202) and Hospital Licensing Act (210 ILCS 85/6.09) to add notification duties.
    • Amends the Probate Act of 1975 (755 ILCS 5/11a‑5, 11a‑15, 23‑2) to define and regulate private professional guardians.

  • Facility notification requirements

    • If a physician determines an adult patient lacks capacity to consent to discharge or placement, and there is no available family member, surrogate decision‑maker, agent under power of attorney, trustee, or close friend, the hospital must notify:
    • The Office of the State Guardian; and
    • The public guardian in the county where the patient resides.
    • Nursing facilities must likewise notify the Office of the State Guardian and the county public guardian before executing an admission/contract when the patient has diminished capacity and no available representative.

  • Private professional guardian standards

    • Private professional guardians are explicitly authorized to serve as guardians.
    • Establishes pre‑appointment standards and requirements (including background checks).
    • Requires private professional guardians who serve 15 or more persons with disabilities to hold National Master Guardian certification from the Center for Guardianship Certification.
    • Sets rules for appointment as successor guardian and provides grounds and procedures for removal if requirements are not met.

  • Timing rules (existing/retained language)

    • Where admission occurs without a contract because no representative is available, a petition for guardianship must be filed (text retains a 15‑day filing timeline and a 10‑day requirement to execute a contract following disposition of the petition).

Who is affected

  • Adults with disabilities or diminished capacity who lack family/surrogates
  • Hospitals and nursing facilities (new notification and procedural duties)
  • Office of the State Guardian and county public guardians (increased notifications/caseload)
  • Private professional guardians (new certification, background check, appointment and removal rules)
  • Families, advocates, and legal counsel involved in guardianship cases

Procedural / timeline notes

  • Multiple committee hearings and reports occurred in spring 2025 (Public Health, Human Services). Record shows committee report(s) filed and the bill placed on the General State Calendar (May 2025). Its placement on the House calendar for 3rd reading was recorded Jan 5, 2025.

Potential impacts and considerations

  • Aims to protect vulnerable adults who have no available representative by ensuring public guardianship authorities are notified and can intervene.
  • Certification and background check requirements could improve professional oversight but may reduce the supply of private guardians or raise their costs.
  • Hospitals and facilities will incur administrative duties to identify cases and notify guardianship authorities; county public guardians and the Office of the State Guardian may see increased caseloads and resource needs.
  • Implementation will depend on administrative capacity of guardianship offices and availability of certified private guardians.

If you want, I can produce a one‑page bill comparison showing current statutory language vs. proposed changes line‑by‑line.

Compiled from official sources — confirm details with the bill’s official record.

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