Illinois General Assembly - Full Text of HB5048
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Full Text of HB5048  102nd General Assembly




HB5048 EngrossedLRB102 25173 CPF 34436 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Nursing Home Care Act is amended by
5changing Section 2-104.2 as follows:
6    (210 ILCS 45/2-104.2)  (from Ch. 111 1/2, par. 4152-104.2)
7    Sec. 2-104.2. Do-Not-Resuscitate Orders and Department of
8Public Health Uniform POLST form.
9    (a) Every facility licensed under this Act shall establish
10a policy for the implementation of practitioner orders
11concerning cardiopulmonary resuscitation (CPR) or
12life-sustaining treatment including, but not limited to,
13"Do-Not-Resuscitate" orders. This policy may only prescribe
14the format, method of documentation and duration of any
15practitioner orders. Any orders under this policy shall be
16honored by the facility. The Department of Public Health
17Uniform POLST form under Section 2310-600 of the Department of
18Public Health Powers and Duties Law of the Civil
19Administrative Code of Illinois, or a copy of that form or a
20previous version of the uniform form, shall be honored by the
22    (b) Within 30 days after admission, new residents who do
23not have a guardian of the person or an executed power of



HB5048 Engrossed- 2 -LRB102 25173 CPF 34436 b

1attorney for health care shall be provided with written
2notice, in a form and manner provided by rule of the
3Department, of their right to provide the name of one or more
4potential health care surrogates that a treating physician
5should consider in selecting a surrogate to act on the
6resident's behalf should the resident lose decision-making
7capacity. The notice shall include a form of declaration that
8may be utilized by the resident to identify potential health
9care surrogates or by the facility to document any inability
10or refusal to make such a declaration. A signed copy of the
11resident's declaration of a potential health care surrogate or
12decision to decline to make such a declaration, or
13documentation by the facility of the resident's inability to
14make such a declaration, shall be placed in the resident's
15clinical record and shall satisfy the facility's obligation
16under this Section. Such a declaration shall be used only for
17informational purposes in the selection of a surrogate
18pursuant to the Health Care Surrogate Act. A facility that
19complies with this Section is not liable to any healthcare
20provider, resident, or resident's representative or any other
21person relating to the identification or selection of a
22surrogate or potential health care surrogate.
23    (c) A facility licensed under this Act must offer to
24provide POLST-appropriate residents or their representatives
25an opportunity to execute the Department of Public Health
26Uniform POLST form. The offer to provide the form shall be made



HB5048 Engrossed- 3 -LRB102 25173 CPF 34436 b

1by a facility staff member or community partner who is able to
2discuss and prepare the Department of Public Health Uniform
3POLST form in accordance with institutional policy or by a
4qualified health care practitioner, as that term is defined
5under Section 10 of the Health Care Surrogate Act. For
6residents who reside at the facility on the effective date of
7this amendatory Act of the 102nd General Assembly, the
8facility must offer POLST-appropriate residents the Department
9of Public Health Uniform POLST form within one year after the
10effective date of this amendatory Act of the 102nd General
11Assembly. On and after the effective date of this amendatory
12Act of the 102nd General Assembly, the facility must offer the
13Department of Public Health Uniform POLST form to new
14POLST-appropriate residents within 30 days after admission to
15the facility.
16    In this subsection, "POLST-appropriate resident" means a
17person of any age who:
18        (1) is at high risk for a life-threatening clinical
19    event because the person has a serious life-limiting
20    medical condition, which may include advanced frailty; or
21        (2) has a history of an emergency department transfer
22    or admission or a hospitalization for the treatment of a
23    life-threatening emergency or clinical event due to a
24    serious, chronic, and life-limiting condition, which may
25    include advanced frailty.
26    (d) Execution of a Department of Public Health Uniform



HB5048 Engrossed- 4 -LRB102 25173 CPF 34436 b

1POLST form shall not be a requirement for admission to any
2facility or a precondition to the provision of services by any
3provider of health care services.
4(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16.)