102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4216

 

Introduced 1/5/2022, by Rep. Anna Moeller

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 45/2-104.2  from Ch. 111 1/2, par. 4152-104.2
210 ILCS 46/2-104.2
210 ILCS 47/2-104.2

    Amends the Nursing Home Care Act, the MC/DD Act, and the ID/DD Community Care Act. Provides that facilities licensed under the Acts must offer to provide residents with the Department of Public Health Uniform POLST form to existing and new residents.


LRB102 20293 CPF 29145 b

 

 

A BILL FOR

 

HB4216LRB102 20293 CPF 29145 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
21facility.
22    (b) Within 30 days after admission, new residents who do
23not have a guardian of the person or an executed power of

 

 

HB4216- 2 -LRB102 20293 CPF 29145 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 residents with the Department of Public Health Uniform
25POLST form. For residents who reside at the facility on the
26effective date of this amendatory Act of the 102nd General

 

 

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1Assembly, the facility must offer residents the Department of
2Public Health Uniform POLST form within one year after the
3effective date of this amendatory Act of the 102nd General
4Assembly. On and after the effective date of this amendatory
5Act of the 102nd General Assembly, the facility must offer the
6Department of Public Health Uniform POLST form to new
7residents upon admission to the facility.
8(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16.)
 
9    Section 10. The MC/DD Act is amended by changing Section
102-104.2 as follows:
 
11    (210 ILCS 46/2-104.2)
12    Sec. 2-104.2. Do Not Resuscitate Orders and Department of
13Public Health Uniform POLST form.
14    (a) Every facility licensed under this Act shall establish
15a policy for the implementation of physician orders limiting
16resuscitation such as those commonly referred to as "Do Not
17Resuscitate" orders. This policy may only prescribe the
18format, method of documentation and duration of any physician
19orders limiting resuscitation. Any orders under this policy
20shall be honored by the facility. The Department of Public
21Health Uniform POLST form or a copy of that form or a previous
22version of the uniform form shall be honored by the facility.
23    (b) A facility licensed under this Act must offer to
24provide residents with the Department of Public Health Uniform

 

 

HB4216- 4 -LRB102 20293 CPF 29145 b

1POLST form. For residents who reside at the facility on the
2effective date of this amendatory Act of the 102nd General
3Assembly, the facility must offer residents the Department of
4Public Health Uniform POLST form within one year after the
5effective date of this amendatory Act of the 102nd General
6Assembly. On and after the effective date of this amendatory
7Act of the 102nd General Assembly, the facility must offer the
8Department of Public Health Uniform POLST form to new
9residents upon admission to the facility.
10(Source: P.A. 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)
 
11    Section 15. The ID/DD Community Care Act is amended by
12changing Section 2-104.2 as follows:
 
13    (210 ILCS 47/2-104.2)
14    Sec. 2-104.2. Do Not Resuscitate Orders and Department of
15Public Health Uniform POLST form.
16    (a) Every facility licensed under this Act shall establish
17a policy for the implementation of physician orders limiting
18resuscitation such as those commonly referred to as "Do Not
19Resuscitate" orders. This policy may only prescribe the
20format, method of documentation and duration of any physician
21orders limiting resuscitation. Any orders under this policy
22shall be honored by the facility. The Department of Public
23Health Uniform POLST form or a copy of that form or a previous
24version of the uniform form shall be honored by the facility.

 

 

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1    (b) A facility licensed under this Act must offer to
2provide residents with the Department of Public Health Uniform
3POLST form. For residents who reside at the facility on the
4effective date of this amendatory Act of the 102nd General
5Assembly, the facility must offer residents the Department of
6Public Health Uniform POLST form within one year after the
7effective date of this amendatory Act of the 102nd General
8Assembly. On and after the effective date of this amendatory
9Act of the 102nd General Assembly, the facility must offer the
10Department of Public Health Uniform POLST form to new
11residents upon admission to the facility.
12(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16.)