Illinois Rep. Ness’s referral restriction bill for care facilities passes House and Senate

Passed bill authored by State Rep. Suzanne M. Ness aims to restrict care facilities’ referrals to only licensed home services providers and to increase public awareness about unlicensed caregiving risks, according to the Illinois General Assembly.

In the House, 75 Democrats and 32 Republicans voted in favor of the bill.

Meanwhile, in the Senate, 40 Democrats and 19 Republicans voted in favor of the bill.

Ness introduced the bill in the Illinois House on Jan. 27, 2026 during the 104th session.

The legislation, known as HB4612, was passed on May 21, 2026 during the general assembly session 104.

According to the Illinois General Assembly site, the legislature summarized the bill’s official text as follows: “Amends the Assisted Living and Shared Housing Act. Provides that an assisted living establishment or a shared housing establishment shall only make referrals to its residents for home services providers that are licensed under the Home Health, Home Services, and Home Nursing Agency Licensing Act. Establishes penalties for violating the referral requirement. Amends the Assisted Living and Shared Housing Act, the Community Living Facilities Licensing Act, and the Life Care Facilities Act to require that the Department of Public Health to distribute to each establishment or facility a one-page, 8.5 by 11 inch public safety announcement flyer in at least 12-point type and that the each establishment or facility post the flyer in a prominent location for all visitors to see. Effective January 1, 2027.”

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill requires assisted living establishments, shared housing establishments, community living facilities and life care facilities to refer residents only to nonaffiliated home services or at-home continuing care providers that are licensed under the Home Health, Home Services, and Home Nursing Agency Licensing Act. It defines “referral,” imposes civil penalties of $1,000 per violation enforceable by the attorney general and adds these penalties to existing enforcement tools. The bill also directs the Department of Public Health to create and distribute a one-page public safety flyer on choosing caregivers and the risks of unlicensed providers, which facilities must post prominently. The bill takes effect Jan. 1, 2027.

The bill was sponsored by Rep. Aarón M. Ortíz (Democrat-1st District), Rep. Janet Yang Rohr (Democrat-41st District), and Rep. Joyce Mason (Democrat-61st District), along with seven other sponsors.

Bills in Illinois follow a multi-step legislative process, beginning with introduction in either the House or Senate, followed by committee review, floor debates, and votes in both chambers before reaching the governor for approval or veto. The General Assembly operates on a biennial schedule, and while typically thousands of bills are introduced each session, only a fraction successfully pass through the process to become law.

You can read more about bills and other measures here.

Ness graduated from Arizona State University in 1999 with a BS.

Ness, a Democrat, was elected to the Illinois State House in 2021 to represent the state’s 66th House District, replacing previous state representative Allen Skillicorn.

Lawmakers listed as “Not Voting” were present for the vote but did not cast a vote. Those marked as having an “Excused Absence” were not present and formally provided a reason for their absence, which was accepted.