Illinois General Assembly

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Full Text of SB3228  98th General Assembly


Rep. Ann Williams

Filed: 4/30/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 3228 on page 29, by
3replacing lines 4 through 26 with the following:
4    "(c) The statutory short form power of attorney for health
5care (the "statutory health care power") authorizes the agent
6to make any and all health care decisions on behalf of the
7principal which the principal could make if present and under
8no disability, subject to any limitations on the granted powers
9that appear on the face of the form, to be exercised in such
10manner as the agent deems consistent with the intent and
11desires of the principal. The agent will be under no duty to
12exercise granted powers or to assume control of or
13responsibility for the principal's health care; but when
14granted powers are exercised, the agent will be required to use
15due care to act for the benefit of the principal in accordance
16with the terms of the statutory health care power and will be
17liable for negligent exercise. The agent may act in person or



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1through others reasonably employed by the agent for that
2purpose but may not delegate authority to make health care
3decisions. The agent may sign and deliver all instruments,
4negotiate and enter into all agreements and do all other acts
5reasonably necessary to implement the exercise of the powers
6granted to the agent. Without limiting the generality of the
7foregoing, the statutory health care power shall include the
8following powers, subject to any limitations appearing on the
9face of the form:
10        (1) The agent is authorized to give consent to and
11    authorize or refuse, or to withhold or withdraw consent to,
12    any and all types of medical care, treatment or procedures
13    relating to the physical or mental health of the principal,
14    including any medication program, surgical procedures,
15    life-sustaining treatment or provision of food and fluids
16    for the principal.
17        (2) The agent is authorized to admit the principal to
18    or discharge the principal from any and all types of
19    hospitals, institutions, homes, residential or nursing
20    facilities, treatment centers and other health care
21    institutions providing personal care or treatment for any
22    type of physical or mental condition. The agent shall have
23    the same right to visit the principal in the hospital or
24    other institution as is granted to a spouse or adult child
25    of the principal, any rule of the institution to the
26    contrary notwithstanding.



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1        (3) The agent is authorized to contract for any and all
2    types of health care services and facilities in the name of
3    and on behalf of the principal and to bind the principal to
4    pay for all such services and facilities, and to have and
5    exercise those powers over the principal's property as are
6    authorized under the statutory property power, to the
7    extent the agent deems necessary to pay health care costs;
8    and the agent shall not be personally liable for any
9    services or care contracted for on behalf of the principal.
10        (4) At the principal's expense and subject to
11    reasonable rules of the health care provider to prevent
12    disruption of the principal's health care, the agent shall
13    have the same right the principal has to examine and copy
14    and consent to disclosure of all the principal's medical
15    records that the agent deems relevant to the exercise of
16    the agent's powers, whether the records relate to mental
17    health or any other medical condition and whether they are
18    in the possession of or maintained by any physician,
19    psychiatrist, psychologist, therapist, hospital, nursing
20    home or other health care provider. The authority under
21    this paragraph (4) applies to any information governed by
22    the Health Insurance Portability and Accountability Act of
23    1996 ("HIPAA") and regulations thereunder. The agent
24    serves as the principal's personal representative, as that
25    term is defined under HIPAA and regulations thereunder.
26        (5) The agent is authorized: to direct that an autopsy



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1    be made pursuant to Section 2 of "An Act in relation to
2    autopsy of dead bodies", approved August 13, 1965,
3    including all amendments; to make a disposition of any part
4    or all of the principal's body pursuant to the Illinois
5    Anatomical Gift Act, as now or hereafter amended; and to
6    direct the disposition of the principal's remains."; and
7by deleting page 30; and
8on page 31, by deleting lines 1 through 18.