HB0748 96TH GENERAL ASSEMBLY

LRB096 04246 DRJ 14292 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0748

Introduced 2/6/2009, by Rep. Kathleen A. Ryg

SYNOPSIS AS INTRODUCED:

210 ILCS 45/2-104.2	from Ch. 111 1/2, par. 4152-104.2
755 ILCS 40/15	from Ch. 110 1/2, par. 851-15

Amends the Nursing Home Care Act and the Health Care Surrogate Act. Provides that within 30 days after admission to a facility in the case of a new resident, and within one year after the effective date of the amendatory Act for all residents who were admitted before that date, residents, agents, and surrogates shall be given written information describing the facility's policies concerning DNR orders and shall be given the opportunity to execute a Living Will or Power of Attorney for Health Care, decline consent to life-sustaining treatment, and provide the facility with the name of a preferred surrogate. Provides that any such decision made by a resident, agent, or surrogate must be recorded in the resident's medical record and that any subsequent changes or modifications must also be recorded in the medical record. Provides that advance directives that a health care facility must maintain include a designation of a preferred surrogate should the person making the designation become incapacitated or impaired. Effective January 1, 2010.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Nursing Home Care Act is amended by changing Section 2-104.2 as follows:

(210 ILCS 45/2-104.2) (from Ch. 111 1/2, par. 4152-104.2)

Sec. 2-104.2. Do-Not-Resuscitate Orders.

(a) Every facility licensed under this Act shall establish a policy for the implementation of physician orders limiting resuscitation such as those commonly referred to as "Do-Not-Resuscitate" orders. This policy may only prescribe the format, method of documentation and duration of any physician orders limiting resuscitation. Any orders under this policy shall be honored by the facility. The Department of Public Health Uniform DNR Advance Directive or a copy of that Advance Directive shall be honored by the facility.

(b) Within 30 days after admission in the case of a new resident, and within one year after the effective date of this amendatory Act of the 96th General Assembly for all residents who were admitted before that date, residents, agents, and surrogates shall be given written information describing the facility's policies required by this Section and shall be given the opportunity to:

(1) Execute a Living Will or Power of Attorney for Health Care in accordance with State law, if they have not already done so.

(2) Decline consent to any or all of the life-sustaining treatment available at the facility.

(3) Provide the facility with the name or names of one or more preferred surrogates should the resident become incapacitated. The name or names are for informational purposes only and do not constitute an advance directive on the part of the resident.

(c) Any decision made by a resident, an agent, or a surrogate pursuant to subsection (b) of this Section must be recorded in the resident's medical record. Any subsequent changes or modifications must also be recorded in the medical record.

(Source: P.A. 94-865, eff. 6-16-06.)

Section 10. The Health Care Surrogate Act is amended by changing Section 15 as follows:

(755 ILCS 40/15) (from Ch. 110 1/2, par. 851-15)

Sec. 15. Applicability. This Act applies to patients who lack decisional capacity or who have a qualifying condition. This Act does not apply to instances in which the patient has an operative and unrevoked living will under the Illinois Living Will Act, an operative and unrevoked declaration for mental health treatment under the Mental Health Treatment Preferences Declaration Act, or an authorized agent under a power of attorney for health care under the Illinois Power of Attorney Act and the patient's condition falls within the coverage of the living will, the declaration for mental health treatment, or the power of attorney for health care. In those instances, the living will, declaration for mental health treatment, or power of attorney for health care, as the case may be, shall be given effect according to its terms. This Act does apply in circumstances in which a patient has a qualifying condition but the patient's condition does not fall within the coverage of the living will, the declaration for mental health treatment, or the power of attorney for health care.

Each health care facility shall maintain any advance directives proffered by the patient or other authorized person, including a do not resuscitate order, a living will, a declaration for mental health treatment, a designation of a preferred surrogate should the person become incapacitated or impaired, or a power of attorney for health care, in the patient's medical records for the duration of the patient's stay. This Act does apply to patients without a qualifying condition. If a patient is an adult with decisional capacity, then the right to refuse medical treatment or life-sustaining treatment does not require the presence of a qualifying condition.

(Source: P.A. 90-246, eff. 1-1-98.)

Section 99. Effective date. This Act takes effect January 1, 2010.