Full Text of HB2915 099th General Assembly
HB2915enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Caregiver Advise, Record, and Enable Act. | 6 | | Section 5. Definitions.
As used in this Act: | 7 | | "After care" means clinical assistance to a patient | 8 | | provided by a caregiver in the patient's residence following | 9 | | the patient's discharge from an inpatient hospital stay that is | 10 | | related to the patient's condition at the time of discharge, as | 11 | | determined appropriate by the discharging physician or other | 12 | | health care professional. Clinical assistance may include | 13 | | activities of daily living or medication management.
| 14 | | "Caregiver" means any individual designated by a patient to | 15 | | provide after care to a patient. A designated caregiver may | 16 | | include, but is not limited to, a relative, spouse, partner, | 17 | | friend, or neighbor. | 18 | | "Discharge" means a patient's release from a hospital to | 19 | | the patient's residence following an inpatient admission.
| 20 | | "Hospital" means a hospital that provides general acute | 21 | | care that is either licensed under the Hospital Licensing Act | 22 | | or operated under the University of Illinois Hospital Act. | 23 | | "Legal representative" means a personal representative |
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| 1 | | having designated legal status, including an agent designated | 2 | | through a power of attorney.
| 3 | | "Patient" means an individual admitted to a hospital as an | 4 | | inpatient. "Patient" does not include a pediatric patient or a | 5 | | patient who is not capable of designating a caregiver due to a | 6 | | health care condition or other circumstances, as determined by | 7 | | the health care provider. | 8 | | "Residence" means a dwelling that the patient considers to | 9 | | be the patient's home. "Residence" does not include a | 10 | | rehabilitation facility, hospital, nursing home, assisted | 11 | | living establishment, group home licensed by the Department of | 12 | | Public Health or the Department of Human Services, or a | 13 | | State-operated facility.
| 14 | | Section 10. Opportunity to designate a caregiver.
| 15 | | (a) A hospital shall provide each patient or, if | 16 | | applicable, the patient's legal representative with an | 17 | | opportunity to designate a caregiver following the patient's | 18 | | admission into the hospital as an inpatient and prior to the | 19 | | patient's discharge to the patient's residence or transfer to | 20 | | another facility.
| 21 | | (b) In the event that a patient is unconscious or otherwise | 22 | | incapacitated, the hospital shall provide the patient or the | 23 | | patient's legal representative with an opportunity to | 24 | | designate a caregiver within a timeframe deemed appropriate by | 25 | | the attending physician or other licensed health care provider.
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| 1 | | (c) If a patient or legal representative declines to | 2 | | designate a caregiver pursuant to this Act, the hospital shall | 3 | | document this declination in the patient's medical record and | 4 | | has no further responsibilities under this Act.
| 5 | | (d) If a patient or the patient's legal representative | 6 | | designates an individual as a caregiver under this Act, the | 7 | | hospital shall record the patient's designation of caregiver, | 8 | | the relationship of the designated caregiver to the patient, | 9 | | and the name, telephone number, and address of the patient's | 10 | | designated caregiver in the patient's medical record.
| 11 | | (e) A patient may elect to change his or her designated | 12 | | caregiver at any time, and the hospital must record this change | 13 | | in the patient's medical record and thereafter treat the newly | 14 | | named person as the designated caregiver.
| 15 | | (f) A designation of a caregiver by a patient or the | 16 | | patient's legal representative does not obligate any | 17 | | individual to provide any after care for the patient.
| 18 | | (g) This Section shall not be construed to require a | 19 | | patient or a patient's legal representative to designate an | 20 | | individual as a caregiver under this Act.
| 21 | | Section 15. Notice to designated caregiver.
A hospital | 22 | | shall notify a patient's designated caregiver of the patient's | 23 | | discharge or transfer to another hospital or facility licensed | 24 | | by the Department of Public Health as soon as possible prior to | 25 | | the patient's actual discharge or transfer and, in any event, |
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| 1 | | upon issuance of a discharge order by the patient's attending | 2 | | physician, unless the patient indicates he or she does not wish | 3 | | the designated caregiver to be so notified. In the event the | 4 | | hospital is unable to contact the designated caregiver, the | 5 | | lack of contact shall not interfere with, delay, or otherwise | 6 | | affect the medical care provided to the patient or an | 7 | | appropriate 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 | 10 | | a hospital to the patient's residence, the hospital shall | 11 | | consult with the designated caregiver and issue a discharge | 12 | | plan that describes a patient's after care needs, if any, at | 13 | | the patient's residence. The consultation and issuance of a | 14 | | discharge plan shall occur on a schedule that takes into | 15 | | consideration the severity of the patient's condition and the | 16 | | urgency of the need for caregiver services. In the event the | 17 | | hospital is unable to contact the designated caregiver, the | 18 | | lack of contact shall not interfere with, delay, or otherwise | 19 | | affect the medical care provided to the patient or an | 20 | | appropriate discharge of the patient. At a minimum, the | 21 | | discharge plan shall include:
| 22 | | (1) A description of the after care deemed appropriate | 23 | | by the discharging physician or other health care | 24 | | professional.
| 25 | | (2) Contact information for any health care, clinical |
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| 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 | 7 | | effort to provide or arrange for the designated caregiver to | 8 | | receive instructions in after care described in the discharge | 9 | | plan. Training and instructions for caregivers may be conducted | 10 | | in person or through video technology. Any training or | 11 | | instructions to a caregiver shall be provided in non-technical | 12 | | language, to the extent possible. At a minimum, this | 13 | | 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 and is able to | 17 | | perform the demonstration in a culturally-competent | 18 | | manner, in accordance with the hospital's requirements to | 19 | | provide language access services under State and federal | 20 | | law and in accordance with the hospital's procedures for | 21 | | providing education to patients and family caregivers.
| 22 | | (2) An opportunity for the caregiver to ask questions | 23 | | about the after care. | 24 | | (3) Answers provided in a culturally competent manner | 25 | | and in accordance with State and federal law. | 26 | | (c) In the event the designated caregiver cannot be |
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| 1 | | reached, is not available, or is not willing to receive the | 2 | | instruction, the lack of contact or instruction shall not | 3 | | interfere with, delay, or otherwise affect an appropriate | 4 | | discharge of the patient.
| 5 | | Section 25. Non-interference with health care directives.
| 6 | | Nothing in this Act shall be construed to interfere with the | 7 | | rights of an agent operating under a valid health care | 8 | | directive or valid power of attorney.
| 9 | | Section 30. No private right of action. Nothing in this Act | 10 | | shall be construed to create a private right of action against | 11 | | a hospital, a hospital affiliate, a hospital employee, or a | 12 | | consultant or contractor with whom a hospital has a contractual | 13 | | relationship solely for providing instruction to a designated | 14 | | caregiver, as described in Section 20 of this Act. | 15 | | A hospital, a hospital affiliate, a hospital employee, or a | 16 | | consultant or contractor with whom a hospital has a contractual | 17 | | relationship shall not be held liable, except for willful or | 18 | | wanton misconduct, for services rendered or not rendered by the | 19 | | caregiver to the patient. | 20 | | Nothing in this Act shall delay the discharge of a patient | 21 | | or the transfer of a patient from a hospital to another | 22 | | facility.
| 23 | | Section 99. Effective date. This Act takes effect 180 days | 24 | | after becoming law.
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