IllinoisIllinois law tells providers how to find and inform care surrogates
Providers must look for an available health care agent or surrogate when a patient cannot decide, and facilities must give identified surrogates written information.
What it does
When a patient cannot make health care decisions, providers must look for an available agent or, if none is available, a possible surrogate. If they identify a family member or agent, they must try to call within 24 hours.
When a patient cannot make health care decisions and a surrogate is identified, the facility must give the surrogate written information about the finding and their role, add it to the patient’s record, and share it during a transfer.
Argument forClear written notice and access to surrogate information could help families understand who may make care decisions and help providers reach the right person.
Argument againstSearching a patient’s belongings or records could raise privacy concerns, even though providers are protected from claims over reasonable searches unless misconduct is willful or wanton.
More detail
Health care providers must make a reasonable inquiry to find an available health care agent or, if none is available, a possible surrogate. This applies when a patient lacks capacity to make health care decisions and no authorized, available health care agent has been found. The inquiry may include checking the patient’s personal effects or medical records. If a family member or other health care agent is identified, the provider must try to contact that person by phone within 24 hours after deciding the patient lacks capacity. A provider is protected from civil damages and professional discipline for a confidentiality claim arising from a reasonable inquiry, except for willful or wanton misconduct. The phone call must be attempted within 24 hours after the provider decides the patient lacks capacity.
Health care facilities must give an identified surrogate written information about the patient’s incapacity finding and the surrogate’s role. This applies when a patient is found unable to make health care decisions and a surrogate is identified. The notice may be provided electronically. It must identify the patient, the attending physician, the surrogate, the facility, and the dates of the incapacity finding and surrogate identification. It must explain the surrogate’s rights and responsibilities, including access to medical records. The notice must be placed in the patient’s record and shared with a provider or facility when the patient is transferred. Providers relying on the surrogate must make the surrogate form accessible to their health information or medical records department. Providers must disclose the surrogate’s identity to a person qualified under this section who asks and provides proper proof of their relationship to the patient. The facility must provide the information when the patient is found unable to make decisions and a surrogate is identified.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Aug 7Public Act . . . . . . . . . 104-0820Latest
- Aug 7Effective Date August 7, 2026
- Aug 7Governor J. B. Pritzker ApprovedBecame Law
- Jun 29Sent to the GovernorTo Governor
- May 31Passed Both Houses
- Vote recorded Third Reading. Result: pass.Lower
- Vote recorded Concurrence, Amendment 2. Result: pass.Upper
- Vote recorded Concurrence, Amendment 1. Result: pass.Upper
- Vote recorded Do Pass, Amendment 2. Result: pass.Upper
- Vote recorded Do Pass, Amendment 1. Result: pass.Upper
- May 31Senate Concurs
- May 31House Floor Amendment No. 2 Senate Concurs 056-000-000
- May 31House Floor Amendment No. 1 Senate Concurs 056-000-000
- May 31House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 012-000-000
- May 31House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 012-000-000
- May 31House Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive
- May 31House Floor Amendment No. 1 Motion to Concur Assignments Referred to Executive
- May 31House Floor Amendment No. 2 Motion to Concur Referred to Assignments
- May 31House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Michael W. HalpinMinor
- May 31House Floor Amendment No. 1 Motion to Concur Referred to Assignments
- May 31House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Michael W. HalpinMinor
- May 31Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 31, 2026
- May 31Secretary's Desk - Concurrence House Amendment(s) 1, 2
- May 31Third Reading - Short Debate - Passed 116-000-000Passed House
- May 31Placed on Calendar Order of 3rd Reading - Short Debate
- May 31House Floor Amendment No. 2 AdoptedMajor
- May 31House Floor Amendment No. 1 AdoptedMajor
- May 30House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 020-000-000Minor
- Vote recorded Do Pass, Amendment 2. Result: pass.Lower
- May 29House Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee
- Vote recorded Do Pass, Amendment 1. Result: pass.Lower
- May 29House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 019-000-000Minor
- May 29Chief Sponsor Changed to Sen. Michael W. Halpin
- May 29House Floor Amendment No. 2 Referred to Rules Committee
- May 29House Floor Amendment No. 2 Filed with Clerk by Rep. Jay HoffmanMinor
- May 29House Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
- May 28House Floor Amendment No. 1 Referred to Rules Committee
- May 28House Floor Amendment No. 1 Filed with Clerk by Rep. Jay HoffmanMinor
- May 28Alternate Chief Sponsor Changed to Rep. Jay Hoffman
- May 22Third Reading/Final Action Deadline Extended-9(b) May 31, 2026
- May 19Held on Calendar Order of Second Reading - Short DebateMinor
- May 19Second Reading - Short DebateMinor
- May 6Placed on Calendar 2nd Reading - Short DebateMinor
- Vote recorded Do Pass. Result: pass.Lower
- May 6Do Pass / Short Debate Judiciary - Civil Committee; 018-000-000
- Apr 27Assigned to Judiciary - Civil CommitteeMinor
- Apr 17Referred to Rules Committee
- Apr 17First ReadingMinor
- Apr 17Chief House Sponsor Rep. Jennifer Gong-Gershowitz
- Apr 17Arrived in HouseMinor
- Apr 16Third Reading - Passed; 055-000-000Passed Senate
- Vote recorded Third Reading. Result: pass.Upper
- Apr 16Placed on Calendar Order of 3rd Reading
- Apr 16Senate Floor Amendment No. 2 Adopted; MartwickMajor
- Apr 16Recalled to Second ReadingMinor
- Apr 15Senate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 009-000-000
- Vote recorded Do Pass, Amendment 2. Result: pass.Upper
- Apr 14Senate Floor Amendment No. 2 Assignments Refers to Judiciary
- Apr 9Senate Floor Amendment No. 2 Referred to Assignments
- Apr 9Senate Floor Amendment No. 2 Filed with Secretary by Sen. Robert F. MartwickMinor
- Mar 11Placed on Calendar Order of 3rd Reading March 12, 2026
- Mar 11Second ReadingMinor
- Mar 5Placed on Calendar Order of 2nd Reading March 10, 2026Minor
- Mar 5Do Pass as Amended Judiciary; 009-000-000
- Mar 4Senate Committee Amendment No. 1 AdoptedMajor
- Vote recorded Do Pass. Result: pass.Upper
- Vote recorded Do Pass, Amendment 1. Result: pass.Upper
- Mar 3Senate Committee Amendment No. 1 Assignments Refers to Judiciary
- Feb 26Senate Committee Amendment No. 1 Referred to Assignments
- Feb 26Senate Committee Amendment No. 1 Filed with Secretary by Sen. Robert F. MartwickMinor
- Feb 25Postponed - Judiciary
- Feb 17Assigned to JudiciaryMinor
- Feb 4Referred to Assignments
- Feb 4First ReadingMinor
- Feb 4Filed with Secretary by Sen. Robert F. MartwickIntroduced
Healthcare