HB4216 102ND GENERAL ASSEMBLY

LRB102 20293 CPF 29145 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4216

Introduced 1/5/2022, by Rep. Anna Moeller

SYNOPSIS AS INTRODUCED:

210 ILCS 45/2-104.2	from Ch. 111 1/2, par. 4152-104.2
210 ILCS 46/2-104.2
210 ILCS 47/2-104.2

Amends the Nursing Home Care Act, the MC/DD Act, and the ID/DD Community Care Act. Provides that facilities licensed under the Acts must offer to provide residents with the Department of Public Health Uniform POLST form to existing and new residents.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Nursing Home Care Act is amended by changing Section 2-104.2 as follows:

(210 ILCS 45/2-104.2) (from Ch. 111 1/2, par. 4152-104.2)

Sec. 2-104.2. Do-Not-Resuscitate Orders and Department of Public Health Uniform POLST form.

(a) Every facility licensed under this Act shall establish a policy for the implementation of practitioner orders concerning cardiopulmonary resuscitation (CPR) or life-sustaining treatment including, but not limited to, "Do-Not-Resuscitate" orders. This policy may only prescribe the format, method of documentation and duration of any practitioner orders. Any orders under this policy shall be honored by the facility. The Department of Public Health Uniform POLST form under Section 2310-600 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois, or a copy of that form or a previous version of the uniform form, shall be honored by the facility.

(b) Within 30 days after admission, new residents who do not have a guardian of the person or an executed power of attorney for health care shall be provided with written notice, in a form and manner provided by rule of the Department, of their right to provide the name of one or more potential health care surrogates that a treating physician should consider in selecting a surrogate to act on the resident's behalf should the resident lose decision-making capacity. The notice shall include a form of declaration that may be utilized by the resident to identify potential health care surrogates or by the facility to document any inability or refusal to make such a declaration. A signed copy of the resident's declaration of a potential health care surrogate or decision to decline to make such a declaration, or documentation by the facility of the resident's inability to make such a declaration, shall be placed in the resident's clinical record and shall satisfy the facility's obligation under this Section. Such a declaration shall be used only for informational purposes in the selection of a surrogate pursuant to the Health Care Surrogate Act. A facility that complies with this Section is not liable to any healthcare provider, resident, or resident's representative or any other person relating to the identification or selection of a surrogate or potential health care surrogate.

(c) A facility licensed under this Act must offer to provide residents with the Department of Public Health Uniform POLST form. For residents who reside at the facility on the effective date of this amendatory Act of the 102nd General Assembly, the facility must offer residents the Department of Public Health Uniform POLST form within one year after the effective date of this amendatory Act of the 102nd General Assembly. On and after the effective date of this amendatory Act of the 102nd General Assembly, the facility must offer the Department of Public Health Uniform POLST form to new residents upon admission to the facility.

(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16.)

Section 10. The MC/DD Act is amended by changing Section 2-104.2 as follows:

(210 ILCS 46/2-104.2)

Sec. 2-104.2. Do Not Resuscitate Orders and Department of Public Health Uniform POLST form.

(a) Every facility licensed under this Act shall establish a policy for the implementation of physician orders limiting resuscitation such as those commonly referred to as "Do Not Resuscitate" orders. This policy may only prescribe the format, method of documentation and duration of any physician orders limiting resuscitation. Any orders under this policy shall be honored by the facility. The Department of Public Health Uniform POLST form or a copy of that form or a previous version of the uniform form shall be honored by the facility.

(b) A facility licensed under this Act must offer to provide residents with the Department of Public Health Uniform POLST form. For residents who reside at the facility on the effective date of this amendatory Act of the 102nd General Assembly, the facility must offer residents the Department of Public Health Uniform POLST form within one year after the effective date of this amendatory Act of the 102nd General Assembly. On and after the effective date of this amendatory Act of the 102nd General Assembly, the facility must offer the Department of Public Health Uniform POLST form to new residents upon admission to the facility.

(Source: P.A. 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)

Section 15. The ID/DD Community Care Act is amended by changing Section 2-104.2 as follows:

(210 ILCS 47/2-104.2)

Sec. 2-104.2. Do Not Resuscitate Orders and Department of Public Health Uniform POLST form.

(a) Every facility licensed under this Act shall establish a policy for the implementation of physician orders limiting resuscitation such as those commonly referred to as "Do Not Resuscitate" orders. This policy may only prescribe the format, method of documentation and duration of any physician orders limiting resuscitation. Any orders under this policy shall be honored by the facility. The Department of Public Health Uniform POLST form or a copy of that form or a previous version of the uniform form shall be honored by the facility.

(b) A facility licensed under this Act must offer to provide residents with the Department of Public Health Uniform POLST form. For residents who reside at the facility on the effective date of this amendatory Act of the 102nd General Assembly, the facility must offer residents the Department of Public Health Uniform POLST form within one year after the effective date of this amendatory Act of the 102nd General Assembly. On and after the effective date of this amendatory Act of the 102nd General Assembly, the facility must offer the Department of Public Health Uniform POLST form to new residents upon admission to the facility.

(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16.)