HB5048eng 102ND GENERAL ASSEMBLY

HB5048 Engrossed LRB102 25173 CPF 34436 b

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 POLST-appropriate residents or their representatives an opportunity to execute the Department of Public Health Uniform POLST form. 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 Department of Public Health Uniform POLST form in accordance with institutional policy or by a qualified health care practitioner, as that term is defined under Section 10 of the Health Care Surrogate Act. For residents who reside at the facility on the effective date of this amendatory Act of the 102nd General Assembly, the facility must offer POLST-appropriate 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 POLST-appropriate residents within 30 days after admission to the facility.

In this subsection, "POLST-appropriate resident" means a person of any age who:

(1) is at high risk for a life-threatening clinical event because the person has a serious life-limiting medical condition, which may include advanced frailty; or

(2) has a history of an emergency department transfer or admission or a hospitalization for the treatment of a life-threatening emergency or clinical event due to a serious, chronic, and life-limiting condition, which may include advanced frailty.

(d) 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.

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