Bill Amendment: IL HB2915 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: HOSPITAL DISCHARGE-CAREGIVERS
Status: 2015-08-21 - Total Veto Stands - No Positive Action Taken [HB2915 Detail]
Download: Illinois-2015-HB2915-House_Amendment_001.html
Bill Title: HOSPITAL DISCHARGE-CAREGIVERS
Status: 2015-08-21 - Total Veto Stands - No Positive Action Taken [HB2915 Detail]
Download: Illinois-2015-HB2915-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 2915
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2 | AMENDMENT NO. ______. Amend House Bill 2915 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Caregiver Advise, Record, and Enable Act.
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6 | Section 5. Definitions.
As used in this Act: | ||||||
7 | "After care" means clinical assistance to a patient | ||||||
8 | provided by a caregiver in the patient's residence following | ||||||
9 | the patient's discharge from an inpatient hospital stay that is | ||||||
10 | related to the patient's condition at the time of discharge, as | ||||||
11 | determined appropriate by the discharging physician or other | ||||||
12 | health care professional. Clinical assistance may include | ||||||
13 | activities of daily living or medication management.
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14 | "Caregiver" means any individual designated by a patient to | ||||||
15 | provide after care to a patient. A designated caregiver may | ||||||
16 | include, but is not limited to, a relative, spouse, partner, |
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1 | friend, or neighbor. | ||||||
2 | "Discharge" means a patient's release from a hospital to | ||||||
3 | the patient's residence following an inpatient admission.
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4 | "Hospital" means a hospital that provides general acute | ||||||
5 | care that is either licensed under the Hospital Licensing Act | ||||||
6 | or operated under the University of Illinois Hospital Act. | ||||||
7 | "Legal representative" means a personal representative | ||||||
8 | having designated legal status, including an agent designated | ||||||
9 | through a power of attorney.
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10 | "Patient" means an individual admitted to a hospital as an | ||||||
11 | inpatient. "Patient" does not include a pediatric patient or a | ||||||
12 | patient who is not capable of designating a caregiver due to a | ||||||
13 | health care condition or other circumstances, as determined by | ||||||
14 | the health care provider. | ||||||
15 | "Residence" means a dwelling that the patient considers to | ||||||
16 | be the patient's home. "Residence" does not include a | ||||||
17 | rehabilitation facility, hospital, nursing home, assisted | ||||||
18 | living establishment, group home licensed by the Department of | ||||||
19 | Public Health or the Department of Human Services, or a | ||||||
20 | State-operated facility.
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21 | Section 10. Opportunity to designate a caregiver.
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22 | (a) A hospital shall provide each patient or, if | ||||||
23 | applicable, the patient's legal representative with an | ||||||
24 | opportunity to designate a caregiver following the patient's | ||||||
25 | admission into the hospital as an inpatient and prior to the |
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1 | patient's discharge to the patient's residence or transfer to | ||||||
2 | another facility.
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3 | (b) In the event that a patient is unconscious or otherwise | ||||||
4 | incapacitated, the hospital shall provide the patient or the | ||||||
5 | patient's legal representative with an opportunity to | ||||||
6 | designate a caregiver within a timeframe deemed appropriate by | ||||||
7 | the attending physician or other licensed health care provider.
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8 | (c) If a patient or legal representative declines to | ||||||
9 | designate a caregiver pursuant to this Act, the hospital shall | ||||||
10 | document this declination in the patient's medical record and | ||||||
11 | has no further responsibilities under this Act.
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12 | (d) If a patient or the patient's legal representative | ||||||
13 | designates an individual as a caregiver under this Act, the | ||||||
14 | hospital shall record the patient's designation of caregiver, | ||||||
15 | the relationship of the designated caregiver to the patient, | ||||||
16 | and the name, telephone number, and address of the patient's | ||||||
17 | designated caregiver in the patient's medical record.
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18 | (e) A patient may elect to change his or her designated | ||||||
19 | caregiver at any time, and the hospital must record this change | ||||||
20 | in the patient's medical record and thereafter treat the newly | ||||||
21 | named person as the designated caregiver.
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22 | (f) A designation of a caregiver by a patient or the | ||||||
23 | patient's legal representative does not obligate any | ||||||
24 | individual to provide any after care for the patient.
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25 | (g) This Section shall not be construed to require a | ||||||
26 | patient or a patient's legal representative to designate an |
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1 | individual as a caregiver under this Act.
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2 | Section 15. Notice to designated caregiver.
A hospital | ||||||
3 | shall notify a patient's designated caregiver of the patient's | ||||||
4 | discharge or transfer to another hospital or facility licensed | ||||||
5 | by the Department of Public Health as soon as possible prior to | ||||||
6 | the patient's actual discharge or transfer and, in any event, | ||||||
7 | upon issuance of a discharge order by the patient's attending | ||||||
8 | physician, unless the patient indicates he or she does not wish | ||||||
9 | the designated caregiver to be so notified. In the event the | ||||||
10 | hospital is unable to contact the designated caregiver, the | ||||||
11 | lack of contact shall not interfere with, delay, or otherwise | ||||||
12 | affect the medical care provided to the patient or an | ||||||
13 | appropriate discharge or transfer of the patient.
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14 | Section 20. Instruction to designated caregiver.
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15 | (a) As soon as possible prior to a patient's discharge from | ||||||
16 | a hospital to the patient's residence, the hospital shall | ||||||
17 | consult with the designated caregiver and issue a discharge | ||||||
18 | plan that describes a patient's after care needs, if any, at | ||||||
19 | the patient's residence. The consultation and issuance of a | ||||||
20 | discharge plan shall occur on a schedule that takes into | ||||||
21 | consideration the severity of the patient's condition and the | ||||||
22 | urgency of the need for caregiver services. In the event the | ||||||
23 | hospital is unable to contact the designated caregiver, the | ||||||
24 | lack of contact shall not interfere with, delay, or otherwise |
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1 | affect the medical care provided to the patient or an | ||||||
2 | appropriate discharge of the patient. At a minimum, the | ||||||
3 | discharge plan shall include:
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4 | (1) A description of the after care deemed appropriate | ||||||
5 | by the discharging physician or other health care | ||||||
6 | professional.
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7 | (2) Contact information for any health care, clinical | ||||||
8 | community resources, and long-term services and supports | ||||||
9 | that may be helpful in carrying out the patient's discharge | ||||||
10 | plan, and contact information for an individual designated | ||||||
11 | by the hospital who can respond to questions about the | ||||||
12 | discharge plan.
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13 | (b) The hospital issuing the discharge plan must make an | ||||||
14 | effort to provide or arrange for the designated caregiver to | ||||||
15 | receive instructions in after care described in the discharge | ||||||
16 | plan. Training and instructions for caregivers may be conducted | ||||||
17 | in person or through video technology. Any training or | ||||||
18 | instructions to a caregiver shall be provided in non-technical | ||||||
19 | language, to the extent possible. At a minimum, this | ||||||
20 | instruction shall include:
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21 | (1) A live or recorded demonstration of the tasks | ||||||
22 | performed by an individual designated by the hospital who | ||||||
23 | is authorized to perform the after care and is able to | ||||||
24 | perform the demonstration in a culturally-competent | ||||||
25 | manner, in accordance with the hospital's requirements to | ||||||
26 | provide language access services under State and federal |
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1 | law and in accordance with the hospital's procedures for | ||||||
2 | providing education to patients and family caregivers.
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3 | (2) An opportunity for the caregiver to ask questions | ||||||
4 | about the after care. | ||||||
5 | (3) Answers provided in a culturally competent manner | ||||||
6 | and in accordance with State and federal law. | ||||||
7 | (c) In the event the designated caregiver cannot be | ||||||
8 | reached, is not available, or is not willing to receive the | ||||||
9 | instruction, the lack of contact or instruction shall not | ||||||
10 | interfere with, delay, or otherwise affect an appropriate | ||||||
11 | discharge of the patient.
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12 | Section 25. Non-interference with health care directives.
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13 | Nothing in this Act shall be construed to interfere with the | ||||||
14 | rights of an agent operating under a valid health care | ||||||
15 | directive or valid power of attorney.
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16 | Section 30. No private right of action. Nothing in this Act | ||||||
17 | shall be construed to create a private right of action against | ||||||
18 | a hospital, a hospital affiliate, a hospital employee, or a | ||||||
19 | consultant or contractor with whom a hospital has a contractual | ||||||
20 | relationship solely for providing instruction to a designated | ||||||
21 | caregiver, as described in Section 20 of this Act. | ||||||
22 | A hospital, a hospital affiliate, a hospital employee, or a | ||||||
23 | consultant or contractor with whom a hospital has a contractual | ||||||
24 | relationship shall not be held liable, except for willful or |
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1 | wanton misconduct, for services rendered or not rendered by the | ||||||
2 | caregiver to the patient. | ||||||
3 | Nothing in this Act shall delay the discharge of a patient | ||||||
4 | or the transfer of a patient from a hospital to another | ||||||
5 | facility.
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6 | Section 99. Effective date. This Act takes effect 180 days | ||||||
7 | after becoming law.".
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