Full Text of SB1305 99th General Assembly
SB1305 99TH GENERAL ASSEMBLY
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
Introduced 2/18/2015, by Sen. Ira I. Silverstein
SYNOPSIS AS INTRODUCED:
Creates the Caregiver Advise, Record, and Enable Act. Provides that
before a patient is discharged from a hospital and no later than 24 hours
after a patient enters a hospital, the hospital shall provide the patient
or the patient's legal guardian with the opportunity to designate a
caregiver. Provides that the hospital shall document the patient's
designation of a caregiver and shall provide instruction regarding
after-care tasks to the caregiver. Requires the hospital to notify the
patient's caregiver at least 4 hours before the patient is discharged.
Authorizes the Department of Public Health to adopt rules relating to the
implementation of the Act. Contains other provisions. Effective
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Caregiver Advise, Record, and Enable Act.
As used in this Act, the following
terms have the meaning given in this Section.
"After-care" means any assistance provided by a caregiver
to a patient after the patient's discharge from a hospital.
After-care may include, but is not limited to, assisting with
basic activities of daily living (ADLs), assisting with
instrumental activities of daily living (IADLs), or carrying
out medical or nursing tasks, such as managing wound care,
assisting in administering medications, and operating medical
"Caregiver" means any individual who provides after-care
to a patient living in his or her residence and is duly
designated as a caregiver by a patient. A designated caregiver
may include, but is not limited to, a relative, partner,
friend, or neighbor who has a significant relationship with the
"Discharge" means a patient's exit or release from a
hospital to the patient's residence following any medical care,
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treatment, or observation.
"Entry into a hospital" means a patient's entrance into a
hospital for the purposes of medical care, treatment, or
observation. For purposes of this Act, "entry into a hospital"
does not require that a patient be formally admitted to a
"Hospital" means a facility licensed under the Hospital
"Residence" means a dwelling that the patient considers to
be his or her home. A "residence" does not include any
rehabilitation facility, hospital, nursing home, assisted
living establishment, or group home licensed by the Department
of Public Health.
Opportunity to designate caregiver.
(a) Before any patient is discharged or transferred to
another facility, but no later than 24 hours after a patient's
entry into a hospital, the hospital shall provide the patient
or the patient's legal guardian with at least one opportunity
to designate one or more caregivers under this Act.
(1) If a patient is unconscious or otherwise
incapacitated upon his or her entry into a hospital, the
hospital shall provide the patient or the patient's legal
guardian with an opportunity to designate a caregiver
within 24 hours following the patient's recovery of his or
her consciousness or capacity.
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(2) If a patient or the patient's legal guardian
declines to designate a caregiver under this Act, the
hospital shall promptly document in the patient's medical
record that the patient or the patient's legal guardian
declined to designate a caregiver.
(3) If a patient or the patient's legal guardian
designates an individual as a caregiver under this Act:
(A) the hospital shall promptly request the
written consent of the patient or the patient's legal
guardian to release medical information to the
patient's designated caregiver following the
hospital's established procedures for releasing
personal health information and in compliance with all
State and federal laws; and
(B) the hospital shall record the patient's
designation of caregiver, the relationship of the
designated caregiver to the patient, and the name,
telephone number, and address of the patient's
designated caregiver in the patient's medical record.
(4) If a patient or the patient's legal guardian
declines to consent to the release of medical information
to the patient's designated caregiver, then the hospital is
not required to provide notice to the caregiver under
Section 15 of this Act or provide information contained in
the patient's discharge plan under Section 20 of this Act.
(5) A patient may elect to change his or her designated
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caregiver at any time, and the hospital must record this
change in the patient's medical record within 24 hours of
(b) A designation of a caregiver by the patient or the
patient's legal guardian under this Section does not obligate
any individual to provide any after-care for the patient.
(c) This Section shall not be construed to require a
patient or a patient's legal guardian to designate any
individual as a caregiver under this Act.
Notice to designated caregiver.
shall notify a patient's designated caregiver of the patient's
discharge or transfer to another hospital or facility licensed
by the Department of Public Health as soon as possible, but no
later than 4 hours prior to the patient's actual discharge or
transfer to that facility.
Instruction to designated caregiver.
(a) As soon as possible but no later than 24 hours prior to
a patient's discharge from a hospital, the hospital shall
consult with the designated caregiver regarding the
caregiver's capabilities and limitations and shall issue a
discharge plan that describes the patient's after-care needs at
his or her residence.
At minimum, a discharge plan shall include:
(1) the name and contact information of the caregiver
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designated under this Act;
(2) a description of all after-care necessary to
maintain the patient's ability to reside at home, taking
into account the capabilities and limitations of the
(3) contact information for any health care providers,
community resources, and long-term services and supports
necessary to successfully carry out the patient's
(b) The hospital that issues the discharge plan must
provide caregivers with instruction in all after-care
described in the discharge plan.
(1) At minimum, the instruction shall include:
(A) a live demonstration of the after-care tasks
performed by a hospital employee authorized to perform
each after-care task, provided in a culturally
competent manner and in accordance with the hospital's
requirements to provide language access services under
State and federal law;
(B) an opportunity for the caregiver to ask
questions about the after-care; and
(C) answers to the caregiver's questions provided
in a culturally competent manner and in accordance with
the hospital's requirements to provide language access
services under State and federal law.
(2) Any instruction provided under this Act shall be
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documented in the patient's medical record, including, but
not limited to, documentation of the date, time, and
contents of the instruction.
(c) The Department of Public Health is authorized to adopt
rules to implement the provisions of this Act, including, but
not limited to, rules to further define the content and scope
of any instruction provided to caregivers under this Act.
Non-interference with powers of existing
health care directives.
Nothing in this Act shall be construed
to interfere with the rights of an agent operating under a
valid health care directive that was in existence prior to a
patient's entry into a hospital.
This Act takes effect upon