Bill Text: IL HB5048 | 2021-2022 | 102nd General Assembly | Engrossed
Bill Title: Amends the Nursing Home Care Act. Provides that facilities licensed under the Act must offer to provide POLST-appropriate residents or their representatives an opportunity to execute the Department of Public Health Uniform POLST form within specified time periods. Defines "POLST-appropriate resident". Requires that the offer to provide the form shall be made by a facility staff member or community partner who is able to discuss and prepare the form in accordance with institutional policy or by a qualified health care practitioner. Provides that the execution of a Department of Public Health Uniform POLST form shall not be a requirement for admission to any facility or a precondition to the provision of services by any provider of health care services.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2022-05-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB5048 Detail]
Download: Illinois-2021-HB5048-Engrossed.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Nursing Home Care Act is amended by | ||||||
5 | changing Section 2-104.2 as follows:
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6 | (210 ILCS 45/2-104.2) (from Ch. 111 1/2, par. 4152-104.2)
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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,
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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.
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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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