Full Text of SB3228 98th General Assembly
SB3228ham001 98TH GENERAL ASSEMBLY | Rep. Ann Williams Filed: 4/30/2014
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| 1 | | AMENDMENT TO SENATE BILL 3228
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3228 on page 29, by | 3 | | replacing lines 4 through 26 with the following: | 4 | | "(c) The statutory short form power of attorney for health | 5 | | care (the
"statutory health care power") authorizes the agent | 6 | | to make any and all
health care decisions on behalf of the | 7 | | principal which the principal could
make if present and under | 8 | | no disability, subject to any limitations on the
granted powers | 9 | | that appear on the face of the form, to be exercised in such
| 10 | | manner as the agent deems consistent with the intent and | 11 | | desires of the
principal. The agent will be under no duty to | 12 | | exercise granted powers or
to assume control of or | 13 | | responsibility for the principal's health care;
but when | 14 | | granted powers are exercised, the agent will be required to use
| 15 | | due care to act for the benefit of the principal in accordance | 16 | | with the
terms of the statutory health care power and will be | 17 | | liable
for negligent exercise. The agent may act in person or |
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| 1 | | through others
reasonably employed by the agent for that | 2 | | purpose
but may not delegate authority to make health care | 3 | | decisions. The agent
may sign and deliver all instruments, | 4 | | negotiate and enter into all
agreements and do all other acts | 5 | | reasonably necessary to implement the
exercise of the powers | 6 | | granted to the agent. Without limiting the
generality of the | 7 | | foregoing, the statutory health care power shall include
the | 8 | | following powers, subject to any limitations appearing on the | 9 | | face 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 | 7 | | by deleting page 30; and | 8 | | on page 31, by deleting lines 1 through 18.
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