99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1298

 

Introduced 2/18/2015, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
New Act

     Creates the Caregiver Advise, Record, and Enable Act. Provides that after a patient is admitted as an inpatient into a hospital and before the patient is discharged or transferred, the hospital shall provide the patient or the patient's legal representative with an opportunity to designate a caregiver. Provides that the hospital shall document the patient's designation of a caregiver. Requires the hospital to notify the patient's designated caregiver prior to the patient's discharge or transfer, unless the patient indicates that he or she does not want the designated caregiver to be notified. Requires the hospital to consult with the designated caregiver and issue a discharge plan that contains certain information. Provides that the hospital issuing the discharge plan shall make an effort to provide or arrange for the designated caregiver to receive instructions in the after-care assistance tasks described in the discharge plan. Provides that the Act shall not be construed to interfere with the rights of an agent operating under a valid health care directive and shall not be construed to create a private right of action against certain individuals and entities. Contains other provisions. Effective 180 days after becoming law.


LRB099 09289 RPS 29493 b

 

 

A BILL FOR

 

SB1298LRB099 09289 RPS 29493 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 1. Short title. This Act may be cited as the
5Caregiver Advise, Record, and Enable Act.
 
6    Section 5. Definitions. As used in this Act:
7    "After-care" means clinical assistance to a patient
8provided by a caregiver in the patient's residence following
9the patient's discharge from an inpatient hospital stay that is
10related to the patient's condition at the time of discharge, as
11determined appropriate by the discharging physician or other
12health care professional. Clinical assistance may include
13activities of daily living or medication management.
14    "Caregiver" means any individual designated by a patient to
15provide after-care to a patient. A designated caregiver may
16include, but is not limited to, a relative, spouse, partner,
17friend, or neighbor.
18    "Discharge" means a patient's release from a hospital to
19the patient's residence following an inpatient admission.
20    "Hospital" means a general acute care hospital licensed
21under the Hospital Licensing Act or the University of Illinois
22Hospital Act.
23    "Legal representative" means a personal representative

 

 

SB1298- 2 -LRB099 09289 RPS 29493 b

1having designated legal status, including an agent designated
2through a power of attorney.
3    "Patient" means an individual admitted to a hospital as an
4inpatient. "Patient" does not include a pediatric patient or a
5patient who is not capable of designating a caregiver due to a
6health care condition or other circumstances, as determined by
7the health care provider.
8    "Residence" means a dwelling that the patient considers to
9be the patient's home. "Residence" does not include a
10rehabilitation facility, hospital, nursing home, assisted
11living establishment, group home licensed by the Department of
12Public Health or the Department of Human Services, or a
13State-operated facility.
 
14    Section 10. Opportunity to designate a caregiver.
15    (a) A hospital shall provide each patient or, if
16applicable, the patient's legal representative with an
17opportunity to designate a caregiver following the patient's
18admission into the hospital as an inpatient and prior to the
19patient's discharge to the patient's residence or transfer to
20another facility.
21    (b) In the event that a patient is unconscious or otherwise
22incapacitated, the hospital shall provide the patient or the
23patient's legal representative with an opportunity to
24designate a caregiver within a timeframe deemed appropriate by
25the attending physician or other licensed health care provider.

 

 

SB1298- 3 -LRB099 09289 RPS 29493 b

1    (c) If a patient or legal representative declines to
2designate a caregiver pursuant to this Act, the hospital shall
3document this declination in the patient's medical record and
4has no further responsibilities under this Act.
5    (d) If a patient or the patient's legal representative
6designates an individual as a caregiver under this Act, the
7hospital shall record the patient's designation of caregiver,
8the relationship of the designated caregiver to the patient,
9and the name, telephone number, and address of the patient's
10designated caregiver in the patient's medical record.
11    (e) A patient may elect to change his or her designated
12caregiver at any time, and the hospital must record this change
13in the patient's medical record and thereafter treat the newly
14named person as the designated caregiver.
15    (f) A designation of a caregiver by a patient or the
16patient's legal representative does not obligate any
17individual to provide any after-care for the patient.
18    (g) This Section shall not be construed to require a
19patient or a patient's legal representative to designate an
20individual as a caregiver under this Act.
 
21    Section 15. Notice to designated caregiver. A hospital
22shall notify a patient's designated caregiver of the patient's
23discharge or transfer to another hospital or facility licensed
24by the Department of Public Health as soon as possible prior to
25the patient's actual discharge or transfer and, in any event,

 

 

SB1298- 4 -LRB099 09289 RPS 29493 b

1upon issuance of a discharge order by the patient's attending
2physician, unless the patient indicates he or she does not wish
3the designated caregiver to be so notified. In the event the
4hospital is unable to contact the designated caregiver, the
5lack of contact shall not interfere with, delay, or otherwise
6affect the medical care provided to the patient or an
7appropriate discharge or transfer of the patient.
 
8    Section 20. Instruction to designated caregiver.
9    (a) As soon as possible prior to a patient's discharge from
10a hospital to the patient's residence, the hospital shall
11consult with the designated caregiver and issue a discharge
12plan that describes a patient's clinical after-care assistance
13needs, if any, at the patient's residence. The consultation and
14issuance of a discharge plan shall occur on a schedule that
15takes into consideration the severity of the patient's
16condition and the urgency of the need for caregiver services.
17In the event the hospital is unable to contact the designated
18caregiver, the lack of contact shall not interfere with, delay,
19or otherwise affect the medical care provided to the patient or
20an appropriate discharge of the patient. At a minimum, the
21discharge plan shall include:
22        (1) A description of the after-care assistance tasks
23    deemed appropriate by the discharging physician or other
24    health care professional.
25        (2) Contact information for any health care, clinical

 

 

SB1298- 5 -LRB099 09289 RPS 29493 b

1    community resources, and long-term services and supports
2    that may be helpful in carrying out the patient's discharge
3    plan, and contact information for an individual designated
4    by the hospital who can respond to questions about the
5    discharge plan.
6    (b) The hospital issuing the discharge plan must make an
7effort to provide or arrange for the designated caregiver to
8receive instructions in after-care assistance tasks described
9in the discharge plan. Training and instructions for caregivers
10may be conducted in person or through video technology. Any
11training or instructions to a caregiver shall be provided in
12non-technical language, to the extent possible. At a minimum,
13this instruction shall include:
14        (1) A live or recorded demonstration of the tasks
15    performed by an individual designated by the hospital who
16    is authorized to perform the after-care assistance task and
17    is able to perform the demonstration in a
18    culturally-competent manner, in accordance with the
19    hospital's requirements to provide language access
20    services under State and federal law and in accordance with
21    the hospital's procedures for providing education to
22    patients and family caregivers.
23        (2) An opportunity for the caregiver to ask questions
24    about the after-care assistance tasks.
25        (3) Answers provided in a culturally competent manner
26    and in accordance with State and federal law.

 

 

SB1298- 6 -LRB099 09289 RPS 29493 b

1    (c) In the event the designated caregiver cannot be
2reached, is not available, or is not willing to receive the
3instruction, the lack of contact or instruction shall not
4interfere with, delay, or otherwise affect an appropriate
5discharge of the patient.
 
6    Section 25. Non-interference with health care directives.
7Nothing in this Act shall be construed to interfere with the
8rights of an agent operating under a valid health care
9directive.
 
10    Section 30. No private right of action. Nothing in this Act
11shall be construed to create a private right of action against
12a hospital, a hospital affiliate, a hospital employee, or a
13consultant or contractor with whom a hospital has a contractual
14relationship.
15    A hospital, a hospital affiliate, a hospital employee, or a
16consultant or contractor with whom a hospital has a contractual
17relationship shall not be held liable, in any way, for services
18rendered or not rendered by the caregiver to the patient.
19    Nothing in this Act shall delay the discharge of a patient
20or the transfer of a patient from a hospital to another
21facility.
 
22    Section 99. Effective date. This Act takes effect 180 days
23after becoming law.