Rep. Ann Williams
Filed: 4/30/2014
 
 

 

 

 
09800SB3228ham001LRB098 15174 HEP 58864 a



1
AMENDMENT TO SENATE BILL 3228 




2    AMENDMENT NO. ______. Amend Senate Bill 3228 on page 29, by 
3replacing lines 4 through 26 with the following:
 
4    "(c)  The statutory short form power of attorney for health 
5care (the
"statutory health care power") authorizes the agent 
6to make any and all
health care decisions on behalf of the 
7principal which the principal could
make if present and under 
8no disability, subject to any limitations on the
granted powers 
9that appear on the face of the form, to be exercised in such

10manner as the agent deems consistent with the intent and 
11desires of the
principal.  The agent will be under no duty to 
12exercise granted powers or
to assume control of or 
13responsibility for the  principal's health care;
but when 
14granted powers are exercised, the agent will be required to use

15due care to act for the benefit of the principal in accordance 
16with the
terms of the statutory health care power and will be 
17liable
for negligent exercise.   The agent may act in person or 
 
 
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1through others
reasonably employed by the agent for that 
2purpose
but may not delegate authority to make health care 
3decisions.  The agent
may sign and deliver all instruments, 
4negotiate and enter into all
agreements and do all other acts 
5reasonably necessary to implement the
exercise of the powers 
6granted to the agent.  Without limiting the
generality of the 
7foregoing, the statutory health care power shall include
the 
8following powers, subject to any limitations appearing on the 
9face of the form:

10        (1) The agent is authorized to give consent to and 
11    authorize or refuse,
or to withhold or withdraw consent to, 
12    any and all types of medical care,
treatment or procedures 
13    relating to the physical or mental health of the
principal, 
14    including any medication program, surgical procedures,

15    life-sustaining treatment or provision of food and fluids 
16    for the principal.

17        (2) The agent is authorized to admit the principal to 
18    or discharge the
principal from any and all types of 
19    hospitals, institutions, homes,
residential or nursing 
20    facilities, treatment centers and other health care

21    institutions providing personal care or treatment for any 
22    type of physical
or mental condition.  The agent shall have 
23    the same right to visit the
principal in the hospital or 
24    other institution as is granted to a spouse or
adult child 
25    of the principal, any rule of the institution to the 
26    contrary
notwithstanding.

 
 
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1        (3) The agent is authorized to contract for any and all 
2    types of health
care services and facilities in the name of 
3    and on behalf of the principal
and to bind the principal to 
4    pay for all such services and facilities,
and to have and 
5    exercise those powers over the principal's property as are

6    authorized under the statutory property power, to the 
7    extent the agent
deems necessary to pay health care costs; 
8    and
the agent shall not be personally liable for any 
9    services or care contracted
for on behalf of the principal.

10        (4) At the principal's expense and subject to 
11    reasonable rules of the
health care provider to prevent 
12    disruption of the principal's health care,
the agent shall 
13    have the same right the principal has to examine and copy

14    and consent to disclosure of all the principal's medical 
15    records that the agent deems
relevant to the exercise of 
16    the agent's powers, whether the records
relate to mental 
17    health or any other medical condition and whether they are 
18    in
the possession of or maintained by any physician, 
19    psychiatrist,
psychologist, therapist, hospital, nursing 
20    home or other health care
provider. The authority under 
21    this paragraph (4) applies to any information governed by 
22    the Health Insurance Portability and Accountability Act of 
23    1996 ("HIPAA") and regulations thereunder. The agent 
24    serves as the principal's personal representative, as that 
25    term is defined under HIPAA and regulations thereunder.

26        (5) The agent is authorized: to direct that an autopsy 
 
 
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1    be made pursuant
to Section 2 of "An Act in relation to 
2    autopsy of dead bodies", approved
August 13, 1965, 
3    including all amendments;
to make a disposition of any
part 
4    or all of the principal's body pursuant to the Illinois 
5    Anatomical Gift
Act, as now or hereafter amended; and to 
6    direct the disposition of the
principal's remains."; and
 
7by deleting page 30; and
 
8on page 31, by deleting lines 1 through 18.