96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5275


 
Introduced 2/3/2010, by Rep. Harry Osterman
 
SYNOPSIS AS INTRODUCED:
 		







  



210 ILCS 45/2-104
  from Ch. 111 1/2, par. 4152-104








    Amends the Nursing Home Care Act.  Makes a technical change in a Section
concerning medical treatment.
















LRB096 19526 KTG 34918 b

















 


 


A BILL FOR









 











HB5275

LRB096 19526 KTG 34918 b






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    AN ACT concerning regulation.

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

 
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    Section 5. The Nursing Home Care Act is amended by changing 
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Section 2-104 as follows:
 



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    (210 ILCS 45/2-104)  (from Ch. 111 1/2, par. 4152-104)



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    Sec. 2-104. 
(a) A resident shall be permitted to retain the

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the services
of his own personal physician at his own expense 
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or under an individual or
group plan of health insurance, or 
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under any public or private
assistance program providing such 
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coverage.  However, the facility is
not liable for the 
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negligence of any such personal physician.  Every
resident shall 
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be permitted to obtain from his own physician or the
physician 
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attached to the facility complete and current information

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concerning his medical diagnosis, treatment and prognosis in 
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terms and
language the resident can reasonably be expected to 
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understand.  Every
resident shall be permitted to participate in 
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the planning of his total
care and medical treatment to the 
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extent that his condition permits.  No
resident shall be 
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subjected to experimental research or treatment
without first 
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obtaining his informed, written consent.  The conduct of
any 
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experimental research or treatment shall be authorized and 
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monitored
by an institutional review committee appointed by the 
 


 






HB5275
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LRB096 19526 KTG 34918 b




1
administrator of
the facility where such research and treatment 
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is conducted.  The
membership, operating procedures and review 
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criteria for institutional
review committees shall be 
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prescribed under rules and regulations of the
Department.
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    (b) All medical treatment and procedures shall be 
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administered as
ordered by a physician. All new physician 
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orders shall be reviewed by the
facility's director of nursing 
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or charge nurse designee within 24 hours
after such orders have 
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been issued to assure facility compliance with such orders.

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    According to rules adopted by the Department, every woman 
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resident of
child-bearing age shall receive routine 
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obstetrical and gynecological
evaluations as well as necessary 
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prenatal care.

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    (c) Every resident shall be permitted to refuse medical 
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treatment
and to know the consequences of such action, unless 
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such refusal would
be harmful to the health and safety of 
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others and such harm is
documented by a physician in the 
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resident's clinical record.  The
resident's refusal shall free 
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the facility from the obligation to
provide the treatment.

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    (d) Every resident, resident's guardian, or parent if the 
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resident
is a minor shall be permitted to inspect and copy all 
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his clinical and
other records concerning his care and 
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maintenance kept by the facility
or by his physician. The 
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facility may charge a reasonable fee for
duplication of a 
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record.

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(Source: P.A. 86-1013.)