Illinois General Assembly

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 Bill Status of SB3228  98th General Assembly


Short Description:  POWER OF ATTORNEY:HEALTH CARE

Senate Sponsors
Sen. William R. Haine

House Sponsors
(Rep. Ann Williams  and Emanuel Chris Welch)

Last Action
DateChamber Action
  8/26/2014SenatePublic Act . . . . . . . . . 98-1113

Statutes Amended In Order of Appearance
755 ILCS 45/4-4from Ch. 110 1/2, par. 804-4
755 ILCS 45/4-5from Ch. 110 1/2, par. 804-5
755 ILCS 45/4-5.1
755 ILCS 45/4-10from Ch. 110 1/2, par. 804-10


Synopsis As Introduced
Amends the Illinois Power of Attorney Act. Replaces the statutory short form power of attorney for health care and the notice to the individual signing the power of attorney for health care. Defines "health care agent" and deletes the definitions of "incurable or irreversible condition", "permanent unconsciousness", and "terminal condition". Changes the term "health care provider" to "health care provider" or "health care professional". Provides that no witness to the signing of a health care agency may be under 18 years of age. Provides that nonstatutory health care powers must meet certain criteria. Effective January 1, 2015.

Senate Committee Amendment No. 1
Adds reference to:
755 ILCS 45/4-12from Ch. 110 1/2, par. 804-12

Provides that the amendatory Act does not in any way invalidate any health care agency executed or any act of any agent done, or affect any claim, right, or remedy that accrued, prior to the effective date.

House Committee Amendment No. 1
Restores language concerning the powers the short form power of attorney confers upon the agent. Provides that the agent's authority to examine and copy the principal's medical records applies to any information governed by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and regulations thereunder. Provides that the agent serves as the principal's personal representative, as that term is defined under HIPAA and regulations thereunder.

House Floor Amendment No. 2
Changes the definition of "health care agent" by: (1) providing that it means an individual designated by the principal (instead of "a person"); and (2) deleting language providing that the health care agent may not be the principal's physician or health care provider. Provides that no specific format is required for the statutory health care power of attorney other than the notice must precede the form. Makes changes in the notice to the individual signing the power of attorney for health care. Changes references to "body donation" to "whole body donation". In the portion of the form concerning life-sustaining treatment preferences, adds language indicating that the principal does not want treatments that delay death, but does want treatment to make the principal comfortable and to relieve the principal of pain. Makes other changes.

Actions 
DateChamber Action
  2/11/2014SenateFiled with Secretary by Sen. William R. Haine
  2/11/2014SenateFirst Reading
  2/11/2014SenateReferred to Assignments
  2/19/2014SenateAssigned to Judiciary
  2/26/2014SenatePostponed - Judiciary
  2/26/2014SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine
  2/26/2014SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/4/2014SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/4/2014SenateSenate Committee Amendment No. 1 Adopted
  3/5/2014SenateDo Pass as Amended Judiciary; 011-000-000
  3/5/2014SenatePlaced on Calendar Order of 2nd Reading March 5, 2014
  3/5/2014SenateSecond Reading
  3/5/2014SenatePlaced on Calendar Order of 3rd Reading March 6, 2014
  4/7/2014SenateThird Reading - Passed; 047-000-000
  4/7/2014HouseArrived in House
  4/7/2014HouseChief House Sponsor Rep. Ann Williams
  4/7/2014HouseFirst Reading
  4/7/2014HouseReferred to Rules Committee
  4/10/2014HouseAdded Alternate Co-Sponsor Rep. Emanuel Chris Welch
  4/28/2014HouseAssigned to Judiciary
  4/30/2014HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Ann Williams
  4/30/2014HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/5/2014HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary
  5/7/2014HouseHouse Committee Amendment No. 1 Adopted in Judiciary; by Voice Vote
  5/7/2014HouseDo Pass as Amended / Short Debate Judiciary; 015-000-000
  5/7/2014HousePlaced on Calendar 2nd Reading - Short Debate
  5/13/2014HouseSecond Reading - Short Debate
  5/13/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/13/2014HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Ann Williams
  5/13/2014HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/14/2014HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
  5/20/2014HouseRecalled to Second Reading - Short Debate
  5/20/2014HouseHouse Floor Amendment No. 2 Adopted
  5/20/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/23/2014HouseThird Reading - Short Debate - Passed 113-000-000
  5/23/2014SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2
  5/23/2014SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 26, 2014
  5/26/2014SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. William R. Haine
  5/26/2014SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/26/2014SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. William R. Haine
  5/26/2014SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/27/2014SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Judiciary
  5/27/2014SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Judiciary
  5/28/2014SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 010-000-000
  5/28/2014SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Judiciary; 010-000-000
  5/30/2014SenateHouse Committee Amendment No. 1 Senate Concurs 057-000-000
  5/30/2014SenateHouse Floor Amendment No. 2 Senate Concurs 057-000-000
  5/30/2014SenatePassed Both Houses
  6/27/2014SenateSent to the Governor
  8/26/2014SenateGovernor Approved
  8/26/2014SenateEffective Date January 1, 2015
  8/26/2014SenatePublic Act . . . . . . . . . 98-1113

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