093_HB0781eng

 
HB0781 Engrossed                     LRB093 05311 DRJ 05401 b

 1        AN ACT concerning nursing home care.

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

 4        Section  5.  The  Nursing  Home  Care  Act  is amended by
 5    changing Section 2-104 as follows:

 6        (210 ILCS 45/2-104) (from Ch. 111 1/2, par. 4152-104)
 7        Sec. 2-104.  Medical treatment; experimental research  or
 8    treatment; records.
 9        (a)  A resident shall be permitted to retain the services
10    of  his own personal physician at his own expense or under an
11    individual or group plan of health insurance,  or  under  any
12    public or private assistance program providing such coverage.
13    However, the facility is not liable for the negligence of any
14    such  personal  physician.  Every resident shall be permitted
15    to obtain from his own physician or the physician attached to
16    the facility complete and current information concerning  his
17    medical  diagnosis,  treatment  and  prognosis  in  terms and
18    language  the  resident  can  reasonably   be   expected   to
19    understand.  Every resident shall be permitted to participate
20    in  the  planning  of his total care and medical treatment to
21    the extent that his condition permits.  No resident shall  be
22    subjected to experimental research or treatment without first
23    obtaining  his informed, written consent.  The conduct of any
24    experimental research or treatment shall  be  authorized  and
25    monitored  by  an institutional review committee appointed by
26    the administrator of the facility  where  such  research  and
27    treatment is conducted.  The membership, operating procedures
28    and review criteria for institutional review committees shall
29    be prescribed under rules and regulations of the Department.
30        (b)  All   medical  treatment  and  procedures  shall  be
31    administered as ordered by a  physician.  All  new  physician
 
HB0781 Engrossed            -2-      LRB093 05311 DRJ 05401 b
 1    orders  shall  be  reviewed  by  the  facility's  director of
 2    nursing or charge nurse designee within 24 hours  after  such
 3    orders  have  been  issued to assure facility compliance with
 4    such orders.
 5        According to rules adopted by the Department, every woman
 6    resident  of  child-bearing   age   shall   receive   routine
 7    obstetrical   and   gynecological   evaluations  as  well  as
 8    necessary prenatal care.
 9        (c)  Every resident shall be permitted to refuse  medical
10    treatment and to know the consequences of such action, unless
11    such  refusal  would  be  harmful to the health and safety of
12    others and such harm is documented  by  a  physician  in  the
13    resident's  clinical  record.   The  resident's refusal shall
14    free  the  facility  from  the  obligation  to  provide   the
15    treatment.
16        (d)  Every  resident,  resident's  guardian, or parent if
17    the resident is a minor shall be  permitted  to  inspect  and
18    copy  all  his clinical and other records concerning his care
19    and maintenance kept by the facility or by his physician. The
20    facility may charge a reasonable fee  for  duplication  of  a
21    record.
22    (Source: P.A. 86-1013.)