Synopsis As Introduced Creates the Caregiver Advise, Record, and Enable Act. Provides that after a patient is admitted as an inpatient into a hospital and before the patient is discharged or transferred, the hospital shall provide the patient or the patient's legal representative with an opportunity to designate a caregiver. Provides that the hospital shall document the patient's designation of a caregiver. Requires the hospital to notify the patient's designated caregiver prior to the patient's discharge or transfer, unless the patient indicates that he or she does not want the designated caregiver to be notified. Requires the hospital to consult with the designated caregiver and issue a discharge plan that contains certain information. Provides that the hospital issuing the discharge plan shall make an effort to provide or arrange for the designated caregiver to receive instructions in the after-care assistance tasks described in the discharge plan. Provides that the Act shall not be construed to interfere with the rights of an agent operating under a valid health care directive and shall not be construed to create a private right of action against certain individuals and entities. Contains other provisions. Effective 180 days after becoming law.
Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provision of the introduced bill with the following changes: (1) provides that the definition of "hospital" means a hospital that provides general acute care that is either licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act (instead of a general acute care hospital licensed under the Hospital Licensing Act or the University of Illinois Hospital Act); (2) changes the defined term "after-care" to "after care" and makes conforming changes; (3) provides that nothing in the Act shall be construed to interfere with the rights of an agent operating under a valid power of attorney; and (4) in a provision concerning private rights of action, provides (i) that the Act shall not be construed to create a private right of action against certain entities solely for providing instruction to a designated caregiver and (ii) that certain entities shall not be held liable, except for willful or wanton misconduct, for services rendered or not rendered by the caregiver to the patient. Effective 180 days after becoming law.