Full Text of HB5048 102nd General Assembly
HB5048eng 102ND 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 5. The Nursing Home Care Act is amended by | 5 | | changing 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 | 8 | | Public Health Uniform POLST form. | 9 | | (a) Every facility licensed under
this Act shall establish | 10 | | a policy for the implementation of practitioner
orders | 11 | | concerning cardiopulmonary resuscitation (CPR) or | 12 | | life-sustaining treatment including, but not limited to,
| 13 | | "Do-Not-Resuscitate" orders. This policy may only prescribe | 14 | | the format,
method of documentation and duration of any | 15 | | practitioner orders. Any orders under this policy shall be | 16 | | honored by the facility.
The Department of Public Health | 17 | | Uniform POLST form under Section 2310-600 of the Department of | 18 | | Public Health Powers and Duties Law of the
Civil | 19 | | Administrative Code of Illinois, or a copy of that form or a | 20 | | previous version of the uniform form,
shall be
honored by the | 21 | | facility.
| 22 | | (b) Within 30 days after admission, new residents who do | 23 | | not have a guardian of the person or an executed power of |
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| 1 | | attorney for health care shall be provided with written | 2 | | notice, in a form and manner provided by rule of the | 3 | | Department, of their right to provide the name of one or more | 4 | | potential health care surrogates that a treating physician | 5 | | should consider in selecting a surrogate to act on the | 6 | | resident's behalf should the resident lose decision-making | 7 | | capacity. The notice shall include a form of declaration that | 8 | | may be utilized by the resident to identify potential health | 9 | | care surrogates or by the facility to document any inability | 10 | | or refusal to make such a declaration. A signed copy of the | 11 | | resident's declaration of a potential health care surrogate or | 12 | | decision to decline to make such a declaration, or | 13 | | documentation by the facility of the resident's inability to | 14 | | make such a declaration, shall be placed in the resident's | 15 | | clinical record and shall satisfy the facility's obligation | 16 | | under this Section. Such a declaration shall be used only for | 17 | | informational purposes in the selection of a surrogate | 18 | | pursuant to the Health Care Surrogate Act. A facility that | 19 | | complies with this Section is not liable to any healthcare | 20 | | provider, resident, or resident's representative or any other | 21 | | person relating to the identification or selection of a | 22 | | surrogate or potential health care surrogate. | 23 | | (c) A facility licensed under this Act must offer to | 24 | | provide POLST-appropriate residents or their representatives | 25 | | an opportunity to execute the Department of Public Health | 26 | | Uniform POLST form. The offer to provide the form shall be made |
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| 1 | | by a facility staff member or community partner who is able to | 2 | | discuss and prepare the Department of Public Health Uniform | 3 | | POLST form in accordance with institutional policy or by a | 4 | | qualified health care practitioner, as that term is defined | 5 | | under Section 10 of the Health Care Surrogate Act. For | 6 | | residents who reside at the facility on the effective date of | 7 | | this amendatory Act of the 102nd General Assembly, the | 8 | | facility must offer POLST-appropriate residents the Department | 9 | | of Public Health Uniform POLST form within one year after the | 10 | | effective date of this amendatory Act of the 102nd General | 11 | | Assembly. On and after the effective date of this amendatory | 12 | | Act of the 102nd General Assembly, the facility must offer the | 13 | | Department of Public Health Uniform POLST form to new | 14 | | POLST-appropriate residents within 30 days after admission to | 15 | | the facility. | 16 | | In this subsection, "POLST-appropriate resident" means a | 17 | | person of any age who: | 18 | | (1) is at high risk for a life-threatening clinical | 19 | | event because the person has a serious life-limiting | 20 | | medical condition, which may include advanced frailty; or | 21 | | (2) has a history of an emergency department transfer | 22 | | or admission or a hospitalization for the treatment of a | 23 | | life-threatening emergency or clinical event due to a | 24 | | serious, chronic, and life-limiting condition, which may | 25 | | include advanced frailty. | 26 | | (d) Execution of a Department of Public Health Uniform |
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| 1 | | POLST form shall not be a
requirement for admission to any | 2 | | facility or a precondition to
the provision of services by any | 3 | | provider of health care
services. | 4 | | (Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16 .)
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