Bill Text: IL HB2429 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Assisted Living and Shared Housing Act, the Nursing Home Care Act, the MC/DD Act, and the ID/DD Community Care Act. Provides that a service delivery contract or other contract between a facility and a resident shall not permit rate increases for a resident's room and board before the expiration of the residency period specified in the contract. Provides that, if there is a rate increase for a resident's room and board provided in a subsequent contract that is greater than the percentage increase in the consumer price index-u during the preceding residency period, the facility must provide justification for the increase.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-04 - Referred to Rules Committee [HB2429 Detail]

Download: Illinois-2025-HB2429-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2429 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED:
210 ILCS 9/85
210 ILCS 45/2-202 from Ch. 111 1/2, par. 4152-202
210 ILCS 46/2-202
210 ILCS 47/2-202
Amends the Assisted Living and Shared Housing Act, the Nursing Home Care Act, the MC/DD Act, and the ID/DD Community Care Act. Provides that a service delivery contract or other contract between a facility and a resident shall not permit rate increases for a resident's room and board before the expiration of the residency period specified in the contract. Provides that, if there is a rate increase for a resident's room and board provided in a subsequent contract that is greater than the percentage increase in the consumer price index-u during the preceding residency period, the facility must provide justification for the increase.
LRB104 08265 BAB 18315 b
A BILL FOR
HB2429 LRB104 08265 BAB 18315 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Assisted Living and Shared Housing Act is
amended by changing Section 85 as follows:
(210 ILCS 9/85)
Sec. 85. Contract requirements.
(a) No entity may establish, operate, conduct, or maintain
an establishment in this State unless a written service
delivery contract is executed between the establishment and
each resident or resident's representative in accordance with
Section 90 and unless the establishment operates in accordance
with the terms of the contract. The resident or the resident's
representative shall be given a complete copy of the contract
and all supporting documents and attachments and any changes
whenever changes are made. If the resident does not understand
English and if translated documents are not available, the
establishment must explain its policies to a responsible
relative or friend or another individual who has agreed to
communicate the information to the resident.
(b) A service delivery contract shall not permit rate
increases for a resident's room and board before the
expiration of the residency period specified in the contract.

HB2429 - 2 - LRB104 08265 BAB 18315 b
If there is a rate increase for a resident's room and board
provided in a subsequent contract that is greater than the
percentage increase in the consumer price index-u during the
preceding residency period, the establishment must provide
justification for the increase.
For the purposes of this subsection, "consumer price
index-u" means the index published by the Bureau of Labor
Statistics of the United States Department of Labor that
measures the average change in prices of goods and services
purchased by all urban consumers, United States city average,
all items, 1982-84 = 100.
(Source: P.A. 91-656, eff. 1-1-01.)
Section 15. The Nursing Home Care Act is amended by
changing Section 2-202 as follows:
(210 ILCS 45/2-202) (from Ch. 111 1/2, par. 4152-202)
Sec. 2-202. (a) Before a person is admitted to a facility,
or at the expiration of the period of previous contract, or
when the source of payment for the resident's care changes
from private to public funds or from public to private funds, a
written contract shall be executed between a licensee and the
following in order of priority:
(1) the person, or if the person is a minor, his parent
or guardian; or
(2) the person's guardian, if any, or agent, if any,

HB2429 - 3 - LRB104 08265 BAB 18315 b
as defined in Section 2-3 of the Illinois Power of
Attorney Act; or
(3) a member of the person's immediate family.
An adult person shall be presumed to have the capacity to
contract for admission to a long term care facility unless he
has been adjudicated a "person with a disability" within the
meaning of Section 11a-2 of the Probate Act of 1975, or unless
a petition for such an adjudication is pending in a circuit
court of Illinois.
If there is no guardian, agent or member of the person's
immediate family available, able or willing to execute the
contract required by this Section and a physician determines
that a person is so disabled as to be unable to consent to
placement in a facility, or if a person has already been found
to be a "person with a disability", but no order has been
entered allowing residential placement of the person, that
person may be admitted to a facility before the execution of a
contract required by this Section; provided that a petition
for guardianship or for modification of guardianship is filed
within 15 days of the person's admission to a facility, and
provided further that such a contract is executed within 10
days of the disposition of the petition.
No adult shall be admitted to a facility if he objects,
orally or in writing, to such admission, except as otherwise
provided in Chapters III and IV of the Mental Health and
Developmental Disabilities Code or Section 11a-14.1 of the

HB2429 - 4 - LRB104 08265 BAB 18315 b
Probate Act of 1975.
If a person has not executed a contract as required by this
Section, then such a contract shall be executed on or before
July 1, 1981, or within 10 days after the disposition of a
petition for guardianship or modification of guardianship that
was filed prior to July 1, 1981, whichever is later.
Before a licensee enters a contract under this Section, it
shall provide the prospective resident and his or her
guardian, if any, with written notice of the licensee's policy
regarding discharge of a resident whose private funds for
payment of care are exhausted.
Before a licensee enters into a contract under this
Section, it shall provide the resident or prospective resident
and his or her guardian, if any, with a copy of the licensee's
policy regarding the assignment of Social Security
representative payee status as a condition of the contract
when the resident's or prospective resident's care is being
funded under Title XIX of the Social Security Act and Article V
of the Illinois Public Aid Code.
(b) A resident shall not be discharged or transferred at
the expiration of the term of a contract, except as provided in
Sections 3-401 through 3-423.
(c) At the time of the resident's admission to the
facility, a copy of the contract shall be given to the
resident, his guardian, if any, and any other person who
executed the contract.

HB2429 - 5 - LRB104 08265 BAB 18315 b
(d) A copy of the contract for a resident who is supported
by nonpublic funds other than the resident's own funds shall
be made available to the person providing the funds for the
resident's support.
(e) The original or a copy of the contract shall be
maintained in the facility and be made available upon request
to representatives of the Department and the Department of
Healthcare and Family Services.
(f) The contract shall be written in clear and unambiguous
language and shall be printed in not less than 12-point type.
The general form of the contract shall be prescribed by the
Department.
(g) The contract shall specify:
(1) the term of the contract;
(2) the services to be provided under the contract and
the charges for the services;
(3) the services that may be provided to supplement
the contract and the charges for the services;
(4) the sources liable for payments due under the
contract;
(5) the amount of deposit paid; and
(6) the rights, duties and obligations of the
resident, except that the specification of a resident's
rights may be furnished on a separate document which
complies with the requirements of Section 2-211.
(h) The contract shall designate the name of the

HB2429 - 6 - LRB104 08265 BAB 18315 b
resident's representative, if any. The resident shall provide
the facility with a copy of the written agreement between the
resident and the resident's representative which authorizes
the resident's representative to inspect and copy the
resident's records and authorizes the resident's
representative to execute the contract on behalf of the
resident required by this Section.
(i) The contract shall provide that if the resident is
compelled by a change in physical or mental health to leave the
facility, the contract and all obligations under it shall
terminate on 7 days notice. No prior notice of termination of
the contract shall be required, however, in the case of a
resident's death. The contract shall also provide that in all
other situations, a resident may terminate the contract and
all obligations under it with 30 days notice. All charges
shall be prorated as of the date on which the contract
terminates, and, if any payments have been made in advance,
the excess shall be refunded to the resident. This provision
shall not apply to life-care contracts through which a
facility agrees to provide maintenance and care for a resident
throughout the remainder of his life nor to continuing-care
contracts through which a facility agrees to supplement all
available forms of financial support in providing maintenance
and care for a resident throughout the remainder of his life.
(j) In addition to all other contract specifications
contained in this Section admission contracts shall also

HB2429 - 7 - LRB104 08265 BAB 18315 b
specify:
(1) whether the facility accepts Medicaid clients;
(2) whether the facility requires a deposit of the
resident or his family prior to the establishment of
Medicaid eligibility;
(3) in the event that a deposit is required, a clear
and concise statement of the procedure to be followed for
the return of such deposit to the resident or the
appropriate family member or guardian of the person;
(4) that all deposits made to a facility by a
resident, or on behalf of a resident, shall be returned by
the facility within 30 days of the establishment of
Medicaid eligibility, unless such deposits must be drawn
upon or encumbered in accordance with Medicaid eligibility
requirements established by the Department of Healthcare
and Family Services.
(k) It shall be a business offense for a facility to
knowingly and intentionally both retain a resident's deposit
and accept Medicaid payments on behalf of that resident.
(l) A contract under this Section shall not permit rate
increases for a resident's room and board before the
expiration of the residency period specified in the contract.
If there is a rate increase for a resident's room and board
provided in a subsequent contract that is greater than the
percentage increase in the consumer price index-u during the
preceding residency period, the facility must provide

HB2429 - 8 - LRB104 08265 BAB 18315 b
justification for the increase.
For the purposes of this subsection, "consumer price
index-u" means the index published by the Bureau of Labor
Statistics of the United States Department of Labor that
measures the average change in prices of goods and services
purchased by all urban consumers, United States city average,
all items, 1982-84 = 100.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15.)
Section 20. The MC/DD Act is amended by changing Section
2-202 as follows:
(210 ILCS 46/2-202)
Sec. 2-202. Contract required.
(a) Before a person is admitted to a facility, or at the
expiration of the period of previous contract, or when the
source of payment for the resident's care changes from private
to public funds or from public to private funds, a written
contract shall be executed between a licensee and the
following in order of priority:
(1) the person, or if the person is a minor, his parent
or guardian; or
(2) the person's guardian, if any, or agent, if any,
as defined in Section 2-3 of the Illinois Power of
Attorney Act; or
(3) a member of the person's immediate family.

HB2429 - 9 - LRB104 08265 BAB 18315 b
An adult person shall be presumed to have the capacity to
contract for admission to a facility unless he or she has been
adjudicated a "disabled person" within the meaning of Section
11a-2 of the Probate Act of 1975, or unless a petition for such
an adjudication is pending in a circuit court of Illinois.
If there is no guardian, agent or member of the person's
immediate family available, able or willing to execute the
contract required by this Section and a physician determines
that a person is so disabled as to be unable to consent to
placement in a facility, or if a person has already been found
to be a "disabled person", but no order has been entered
allowing residential placement of the person, that person may
be admitted to a facility before the execution of a contract
required by this Section; provided that a petition for
guardianship or for modification of guardianship is filed
within 15 days of the person's admission to a facility, and
provided further that such a contract is executed within 10
days of the disposition of the petition.
No adult shall be admitted to a facility if he or she
objects, orally or in writing, to such admission, except as
otherwise provided in Chapters III and IV of the Mental Health
and Developmental Disabilities Code or Section 11a-14.1 of the
Probate Act of 1975.
Before a licensee enters a contract under this Section, it
shall provide the prospective resident and his or her
guardian, if any, with written notice of the licensee's policy

HB2429 - 10 - LRB104 08265 BAB 18315 b
regarding discharge of a resident whose private funds for
payment of care are exhausted.
(b) A resident shall not be discharged or transferred at
the expiration of the term of a contract, except as provided in
Sections 3-401 through 3-423.
(c) At the time of the resident's admission to the
facility, a copy of the contract shall be given to the
resident, his or her guardian, if any, and any other person who
executed the contract.
(d) A copy of the contract for a resident who is supported
by nonpublic funds other than the resident's own funds shall
be made available to the person providing the funds for the
resident's support.
(e) The original or a copy of the contract shall be
maintained in the facility and be made available upon request
to representatives of the Department and the Department of
Healthcare and Family Services.
(f) The contract shall be written in clear and unambiguous
language and shall be printed in not less than 12-point type.
The general form of the contract shall be prescribed by the
Department.
(g) The contract shall specify:
(1) the term of the contract;
(2) the services to be provided under the contract and
the charges for the services;
(3) the services that may be provided to supplement

HB2429 - 11 - LRB104 08265 BAB 18315 b
the contract and the charges for the services;
(4) the sources liable for payments due under the
contract;
(5) the amount of deposit paid; and
(6) the rights, duties and obligations of the
resident, except that the specification of a resident's
rights may be furnished on a separate document which
complies with the requirements of Section 2-211.
(h) The contract shall designate the name of the
resident's representative, if any. The resident shall provide
the facility with a copy of the written agreement between the
resident and the resident's representative which authorizes
the resident's representative to inspect and copy the
resident's records and authorizes the resident's
representative to execute the contract on behalf of the
resident required by this Section.
(i) The contract shall provide that if the resident is
compelled by a change in physical or mental health to leave the
facility, the contract and all obligations under it shall
terminate on 7 days' notice. No prior notice of termination of
the contract shall be required, however, in the case of a
resident's death. The contract shall also provide that in all
other situations, a resident may terminate the contract and
all obligations under it with 30 days' notice. All charges
shall be prorated as of the date on which the contract
terminates, and, if any payments have been made in advance,

HB2429 - 12 - LRB104 08265 BAB 18315 b
the excess shall be refunded to the resident. This provision
shall not apply to life care contracts through which a
facility agrees to provide maintenance and care for a resident
throughout the remainder of his life nor to continuing care
contracts through which a facility agrees to supplement all
available forms of financial support in providing maintenance
and care for a resident throughout the remainder of his or her
life.
(j) In addition to all other contract specifications
contained in this Section admission contracts shall also
specify:
(1) whether the facility accepts Medicaid clients;
(2) whether the facility requires a deposit of the
resident or his or her family prior to the establishment
of Medicaid eligibility;
(3) in the event that a deposit is required, a clear
and concise statement of the procedure to be followed for
the return of such deposit to the resident or the
appropriate family member or guardian of the person; and
(4) that all deposits made to a facility by a
resident, or on behalf of a resident, shall be returned by
the facility within 30 days of the establishment of
Medicaid eligibility, unless such deposits must be drawn
upon or encumbered in accordance with Medicaid eligibility
requirements established by the Department of Healthcare
and Family Services.

HB2429 - 13 - LRB104 08265 BAB 18315 b
(k) It shall be a business offense for a facility to
knowingly and intentionally both retain a resident's deposit
and accept Medicaid payments on behalf of that resident.
(l) A contract under this Section shall not permit rate
increases for a resident's room and board before the
expiration of the residency period specified in the contract.
If there is a rate increase for a resident's room and board
provided in a subsequent contract that is greater than the
percentage increase in the consumer price index-u during the
preceding residency period, the facility must provide
justification for the increase.
For the purposes of this subsection, "consumer price
index-u" means the index published by the Bureau of Labor
Statistics of the United States Department of Labor that
measures the average change in prices of goods and services
purchased by all urban consumers, United States city average,
all items, 1982-84 = 100.
(Source: P.A. 99-180, eff. 7-29-15.)
Section 25. The ID/DD Community Care Act is amended by
changing Section 2-202 as follows:
(210 ILCS 47/2-202)
Sec. 2-202. Contract required.
(a) Before a person is admitted to a facility, or at the
expiration of the period of previous contract, or when the

HB2429 - 14 - LRB104 08265 BAB 18315 b
source of payment for the resident's care changes from private
to public funds or from public to private funds, a written
contract shall be executed between a licensee and the
following in order of priority:
(1) the person, or if the person is a minor, his parent
or guardian; or
(2) the person's guardian, if any, or agent, if any,
as defined in Section 2-3 of the Illinois Power of
Attorney Act; or
(3) a member of the person's immediate family.
An adult person shall be presumed to have the capacity to
contract for admission to a long term care facility unless he
or she has been adjudicated a "person with a disability"
within the meaning of Section 11a-2 of the Probate Act of 1975,
or unless a petition for such an adjudication is pending in a
circuit court of Illinois.
If there is no guardian, agent or member of the person's
immediate family available, able or willing to execute the
contract required by this Section and a physician determines
that a person is so disabled as to be unable to consent to
placement in a facility, or if a person has already been found
to be a "person with a disability", but no order has been
entered allowing residential placement of the person, that
person may be admitted to a facility before the execution of a
contract required by this Section; provided that a petition
for guardianship or for modification of guardianship is filed

HB2429 - 15 - LRB104 08265 BAB 18315 b
within 15 days of the person's admission to a facility, and
provided further that such a contract is executed within 10
days of the disposition of the petition.
No adult shall be admitted to a facility if he or she
objects, orally or in writing, to such admission, except as
otherwise provided in Chapters III and IV of the Mental Health
and Developmental Disabilities Code or Section 11a-14.1 of the
Probate Act of 1975.
Before a licensee enters a contract under this Section, it
shall provide the prospective resident and his or her
guardian, if any, with written notice of the licensee's policy
regarding discharge of a resident whose private funds for
payment of care are exhausted.
(b) A resident shall not be discharged or transferred at
the expiration of the term of a contract, except as provided in
Sections 3-401 through 3-423.
(c) At the time of the resident's admission to the
facility, a copy of the contract shall be given to the
resident, his or her guardian, if any, and any other person who
executed the contract.
(d) A copy of the contract for a resident who is supported
by nonpublic funds other than the resident's own funds shall
be made available to the person providing the funds for the
resident's support.
(e) The original or a copy of the contract shall be
maintained in the facility and be made available upon request

HB2429 - 16 - LRB104 08265 BAB 18315 b
to representatives of the Department and the Department of
Healthcare and Family Services.
(f) The contract shall be written in clear and unambiguous
language and shall be printed in not less than 12-point type.
The general form of the contract shall be prescribed by the
Department.
(g) The contract shall specify:
(1) the term of the contract;
(2) the services to be provided under the contract and
the charges for the services;
(3) the services that may be provided to supplement
the contract and the charges for the services;
(4) the sources liable for payments due under the
contract;
(5) the amount of deposit paid; and
(6) the rights, duties and obligations of the
resident, except that the specification of a resident's
rights may be furnished on a separate document which
complies with the requirements of Section 2-211.
(h) The contract shall designate the name of the
resident's representative, if any. The resident shall provide
the facility with a copy of the written agreement between the
resident and the resident's representative which authorizes
the resident's representative to inspect and copy the
resident's records and authorizes the resident's
representative to execute the contract on behalf of the

HB2429 - 17 - LRB104 08265 BAB 18315 b
resident required by this Section.
(i) The contract shall provide that if the resident is
compelled by a change in physical or mental health to leave the
facility, the contract and all obligations under it shall
terminate on 7 days' notice. No prior notice of termination of
the contract shall be required, however, in the case of a
resident's death. The contract shall also provide that in all
other situations, a resident may terminate the contract and
all obligations under it with 30 days' notice. All charges
shall be prorated as of the date on which the contract
terminates, and, if any payments have been made in advance,
the excess shall be refunded to the resident. This provision
shall not apply to life care contracts through which a
facility agrees to provide maintenance and care for a resident
throughout the remainder of his life nor to continuing care
contracts through which a facility agrees to supplement all
available forms of financial support in providing maintenance
and care for a resident throughout the remainder of his or her
life.
(j) In addition to all other contract specifications
contained in this Section admission contracts shall also
specify:
(1) whether the facility accepts Medicaid clients;
(2) whether the facility requires a deposit of the
resident or his or her family prior to the establishment
of Medicaid eligibility;

HB2429 - 18 - LRB104 08265 BAB 18315 b
(3) in the event that a deposit is required, a clear
and concise statement of the procedure to be followed for
the return of such deposit to the resident or the
appropriate family member or guardian of the person;
(4) that all deposits made to a facility by a
resident, or on behalf of a resident, shall be returned by
the facility within 30 days of the establishment of
Medicaid eligibility, unless such deposits must be drawn
upon or encumbered in accordance with Medicaid eligibility
requirements established by the Department of Healthcare
and Family Services.
(k) It shall be a business offense for a facility to
knowingly and intentionally both retain a resident's deposit
and accept Medicaid payments on behalf of that resident.
(l) A contract under this Section shall not permit rate
increases for a resident's room and board before the
expiration of the residency period specified in the contract.
If there is a rate increase for a resident's room and board
provided in a subsequent contract that is greater than the
percentage increase in the consumer price index-u during the
preceding residency period, the facility must provide
justification for the increase.
For the purposes of this subsection, "consumer price
index-u" means the index published by the Bureau of Labor
Statistics of the United States Department of Labor that
measures the average change in prices of goods and services

HB2429 - 19 - LRB104 08265 BAB 18315 b
purchased by all urban consumers, United States city average,
all items, 1982-84 = 100.
(Source: P.A. 99-143, eff. 7-27-15.)