Illinois HB 5026: POWER OF ATTY-PATIENT RIGHTS

Bill Text

Full Text of HB5026 

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 Illinois General Assembly

 ILGA.GOV 

 HB5026 - 104th General Assembly 

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

HB5026LRB104 18014 JRC 31451 b

1 AN ACT concerning civil law.

2 Be it enacted by the People of the State of Illinois, 

3represented in the General Assembly:

4 Section 5. The Illinois Power of Attorney Act is amended 

5by 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 

9designate a health care agent ensuring that their medical 

10decisions are respected and upheld, while protecting the 

11autonomy, dignity, and rights of all patients, regardless of 

12legal status, identity, or relationship structure, in all 

13medical settings. Inspired by the lived experiences of 

14patients and families who have been denied the right to 

15advocate for their loved ones in times of crisis, this Section 

16affirms that every person deserves equal protection and 

17recognition in health care.

18 (b) As used in this Section:

19 "Designated representative" means a person chosen by the 

20patient to make medical decisions on the patient's behalf. 

21This may be a legally appointed health care agent as defined in 

22Section 4-4 of the Illinois Power of Attorney Act, or, if 

23applicable, a temporary surrogate authorized for specific 

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1health care situations. The representative may be a spouse, 

2domestic partner, chosen family member, friend, or any trusted 

3individual designated by the patient.

4 "Health care provider" has the same meaning as used in 

5Section 4-4 of the Illinois Power of Attorney Act.

6 "Patient" means any individual receiving health care 

7services, regardless of age, marital status, gender identity, 

8or sexual orientation.

9 (c) Notwithstanding any other provision in the Illinois 

10Power of Attorney Act, all individuals undergoing surgery, 

11hospitalization, or any medical procedure have the right to 

12execute a health care power of attorney in the event of 

13incapacitation.

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, 

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