Illinois General Assembly - Full Text of HB2915
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Full Text of HB2915  99th General Assembly


Rep. Jerry F. Costello, II

Filed: 3/10/2015





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2    AMENDMENT NO. ______. Amend House Bill 2915 by replacing
3everything after the enacting clause with the following:
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,



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1friend, or neighbor.
2    "Discharge" means a patient's release from a hospital to
3the patient's residence following an inpatient admission.
4    "Hospital" means a hospital that provides general acute
5care that is either licensed under the Hospital Licensing Act
6or operated under the University of Illinois Hospital Act.
7    "Legal representative" means a personal representative
8having designated legal status, including an agent designated
9through a power of attorney.
10    "Patient" means an individual admitted to a hospital as an
11inpatient. "Patient" does not include a pediatric patient or a
12patient who is not capable of designating a caregiver due to a
13health care condition or other circumstances, as determined by
14the health care provider.
15    "Residence" means a dwelling that the patient considers to
16be the patient's home. "Residence" does not include a
17rehabilitation facility, hospital, nursing home, assisted
18living establishment, group home licensed by the Department of
19Public Health or the Department of Human Services, or a
20State-operated facility.
21    Section 10. Opportunity to designate a caregiver.
22    (a) A hospital shall provide each patient or, if
23applicable, the patient's legal representative with an
24opportunity to designate a caregiver following the patient's
25admission into the hospital as an inpatient and prior to the



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1patient's discharge to the patient's residence or transfer to
2another facility.
3    (b) In the event that a patient is unconscious or otherwise
4incapacitated, the hospital shall provide the patient or the
5patient's legal representative with an opportunity to
6designate a caregiver within a timeframe deemed appropriate by
7the attending physician or other licensed health care provider.
8    (c) If a patient or legal representative declines to
9designate a caregiver pursuant to this Act, the hospital shall
10document this declination in the patient's medical record and
11has no further responsibilities under this Act.
12    (d) If a patient or the patient's legal representative
13designates an individual as a caregiver under this Act, the
14hospital shall record the patient's designation of caregiver,
15the relationship of the designated caregiver to the patient,
16and the name, telephone number, and address of the patient's
17designated caregiver in the patient's medical record.
18    (e) A patient may elect to change his or her designated
19caregiver at any time, and the hospital must record this change
20in the patient's medical record and thereafter treat the newly
21named person as the designated caregiver.
22    (f) A designation of a caregiver by a patient or the
23patient's legal representative does not obligate any
24individual to provide any after care for the patient.
25    (g) This Section shall not be construed to require a
26patient or a patient's legal representative to designate an



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1individual as a caregiver under this Act.
2    Section 15. Notice to designated caregiver. A hospital
3shall notify a patient's designated caregiver of the patient's
4discharge or transfer to another hospital or facility licensed
5by the Department of Public Health as soon as possible prior to
6the patient's actual discharge or transfer and, in any event,
7upon issuance of a discharge order by the patient's attending
8physician, unless the patient indicates he or she does not wish
9the designated caregiver to be so notified. In the event the
10hospital is unable to contact the designated caregiver, the
11lack of contact shall not interfere with, delay, or otherwise
12affect the medical care provided to the patient or an
13appropriate discharge or transfer of the patient.
14    Section 20. Instruction to designated caregiver.
15    (a) As soon as possible prior to a patient's discharge from
16a hospital to the patient's residence, the hospital shall
17consult with the designated caregiver and issue a discharge
18plan that describes a patient's after care needs, if any, at
19the patient's residence. The consultation and issuance of a
20discharge plan shall occur on a schedule that takes into
21consideration the severity of the patient's condition and the
22urgency of the need for caregiver services. In the event the
23hospital is unable to contact the designated caregiver, the
24lack of contact shall not interfere with, delay, or otherwise



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



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1    law and in accordance with the hospital's procedures for
2    providing education to patients and family caregivers.
3        (2) An opportunity for the caregiver to ask questions
4    about the after care.
5        (3) Answers provided in a culturally competent manner
6    and in accordance with State and federal law.
7    (c) In the event the designated caregiver cannot be
8reached, is not available, or is not willing to receive the
9instruction, the lack of contact or instruction shall not
10interfere with, delay, or otherwise affect an appropriate
11discharge of the patient.
12    Section 25. Non-interference with health care directives.
13Nothing in this Act shall be construed to interfere with the
14rights of an agent operating under a valid health care
15directive or valid power of attorney.
16    Section 30. No private right of action. Nothing in this Act
17shall be construed to create a private right of action against
18a hospital, a hospital affiliate, a hospital employee, or a
19consultant or contractor with whom a hospital has a contractual
20relationship solely for providing instruction to a designated
21caregiver, as described in Section 20 of this Act.
22    A hospital, a hospital affiliate, a hospital employee, or a
23consultant or contractor with whom a hospital has a contractual
24relationship shall not be held liable, except for willful or



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1wanton misconduct, for services rendered or not rendered by the
2caregiver to the patient.
3    Nothing in this Act shall delay the discharge of a patient
4or the transfer of a patient from a hospital to another
6    Section 99. Effective date. This Act takes effect 180 days
7after becoming law.".