Bill Status of HB0748  102nd General Assembly


House Sponsors
Rep. Kathleen A. Ryg - Elizabeth Coulson - Sandra M. Pihos, Franco Coladipietro, Darlene J. Senger, John D. Cavaletto, Michael G. Connelly, Ronald A. Wait, Ron Stephens, Kay Hatcher, Rosemary Mulligan and Dennis M. Reboletti

Senate Sponsors
(Sen. Susan Garrett)

Last Action
DateChamber Action
  8/14/2009HousePublic Act . . . . . . . . . 96-0448

Statutes Amended In Order of Appearance
210 ILCS 45/2-104.2from Ch. 111 1/2, par. 4152-104.2
755 ILCS 40/15from Ch. 110 1/2, par. 851-15

Synopsis As Introduced
Amends the Nursing Home Care Act and the Health Care Surrogate Act. Provides that within 30 days after admission to a facility in the case of a new resident, and within one year after the effective date of the amendatory Act for all residents who were admitted before that date, residents, agents, and surrogates shall be given written information describing the facility's policies concerning DNR orders and shall be given the opportunity to execute a Living Will or Power of Attorney for Health Care, decline consent to life-sustaining treatment, and provide the facility with the name of a preferred surrogate. Provides that any such decision made by a resident, agent, or surrogate must be recorded in the resident's medical record and that any subsequent changes or modifications must also be recorded in the medical record. Provides that advance directives that a health care facility must maintain include a designation of a preferred surrogate should the person making the designation become incapacitated or impaired. Effective January 1, 2010.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Nursing Home Care Act and the Health Care Surrogate Act. Provides that within 30 days after admission to a nursing home, 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 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. Provides that 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 concerning Do-Not-Resuscitate orders. Provides that such a declaration shall be used only for informational purposes in the selection of a surrogate pursuant to the Health Care Surrogate Act. Provides that a facility that complies with these provisions 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. Requires that a health care facility maintain a declaration of a potential surrogate or surrogates should the person become incapacitated or impaired in the patient's medical records for the duration of the patient's stay.

 Fiscal Note (Dept. of Public Health)
 There is no fiscal impact to the Illinois Department of Public Health - Office of Health Care Regulation.

DateChamber Action
  2/6/2009HouseFiled with the Clerk by Rep. Kathleen A. Ryg
  2/6/2009HouseFirst Reading
  2/6/2009HouseReferred to Rules Committee
  2/11/2009HouseAssigned to Human Services Committee
  3/11/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Human Services Committee
  3/11/2009HouseHouse Committee Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
  3/11/2009HouseDo Pass as Amended / Short Debate Human Services Committee; 007-000-000
  3/11/2009HousePlaced on Calendar 2nd Reading - Short Debate
  3/23/2009HouseSecond Reading - Short Debate
  3/23/2009HouseHeld on Calendar Order of Second Reading - Short Debate
  3/24/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/24/2009HouseAdded Chief Co-Sponsor Rep. Elizabeth Coulson
  3/24/2009HouseAdded Chief Co-Sponsor Rep. Sandra M. Pihos
  3/24/2009HouseAdded Co-Sponsor Rep. Franco Coladipietro
  3/24/2009HouseAdded Co-Sponsor Rep. Darlene J. Senger
  3/24/2009HouseAdded Co-Sponsor Rep. John D. Cavaletto
  3/24/2009HouseAdded Co-Sponsor Rep. Michael G. Connelly
  3/24/2009HouseAdded Co-Sponsor Rep. Ronald A. Wait
  3/24/2009HouseAdded Co-Sponsor Rep. Ron Stephens
  3/24/2009HouseAdded Co-Sponsor Rep. Kay Hatcher
  3/24/2009HouseAdded Co-Sponsor Rep. Rosemary Mulligan
  3/24/2009HouseAdded Co-Sponsor Rep. Dennis M. Reboletti
  3/24/2009HouseThird Reading - Short Debate - Passed 114-000-000
  3/25/2009SenateArrive in Senate
  3/25/2009SenatePlaced on Calendar Order of First Reading March 26, 2009
  3/26/2009SenateFiscal Note Filed as amended by House Amendment No. 1, from the Illinois Department of Public Health-Office of Health Care Regulation.
  3/26/2009SenateChief Senate Sponsor Sen. Susan Garrett
  3/30/2009SenateFirst Reading
  3/30/2009SenateReferred to Assignments
  4/15/2009SenateAssigned to Public Health
  4/22/2009SenateDo Pass Public Health; 007-000-000
  4/22/2009SenatePlaced on Calendar Order of 2nd Reading April 23, 2009
  5/7/2009SenateSecond Reading
  5/7/2009SenatePlaced on Calendar Order of 3rd Reading ** May 18, 2009
  5/19/2009SenateThird Reading - Passed; 058-000-000
  5/19/2009HousePassed Both Houses
  6/17/2009HouseSent to the Governor
  8/14/2009HouseGovernor Approved
  8/14/2009HouseEffective Date January 1, 2010
  8/14/2009HousePublic Act . . . . . . . . . 96-0448