Bill Text: IL HB0748 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: 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.

Spectrum: Strong Partisan Bill (Republican 11-1)

Status: (Passed) 2009-08-14 - Public Act . . . . . . . . . 96-0448 [HB0748 Detail]

Download: Illinois-2009-HB0748-Enrolled.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Nursing Home Care Act is amended by changing
Section 2-104.2 as follows:
(210 ILCS 45/2-104.2) (from Ch. 111 1/2, par. 4152-104.2)
Sec. 2-104.2. Do-Not-Resuscitate Orders.
(a) Every facility licensed under this Act shall establish
a policy for the implementation of physician orders limiting
resuscitation such as those commonly referred to as
"Do-Not-Resuscitate" orders. This policy may only prescribe
the format, method of documentation and duration of any
physician orders limiting resuscitation. Any orders under this
policy shall be honored by the facility. The Department of
Public Health Uniform DNR Advance Directive or a copy of that
Advance Directive shall be honored by the facility.
(b) Within 30 days after admission, 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,
in a form and manner provided by rule of the Department, 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

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the resident lose decision-making capacity. The notice shall
include a form of declaration that may be utilized by the
resident to identify potential health care surrogates or by the
facility to document any inability or refusal to make such a
declaration. 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 under this Section. Such a declaration
shall be used only for informational purposes in the selection
of a surrogate pursuant to the Health Care Surrogate Act. A
facility that complies with this Section 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.
(Source: P.A. 94-865, eff. 6-16-06.)
Section 10. The Health Care Surrogate Act is amended by
changing Section 15 as follows:
(755 ILCS 40/15) (from Ch. 110 1/2, par. 851-15)
Sec. 15. Applicability. This Act applies to patients who
lack decisional capacity or who have a qualifying condition.
This Act does not apply to instances in which the patient has
an operative and unrevoked living will under the Illinois

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Living Will Act, an operative and unrevoked declaration for
mental health treatment under the Mental Health Treatment
Preferences Declaration Act, or an authorized agent under a
power of attorney for health care under the Illinois Power of
Attorney Act and the patient's condition falls within the
coverage of the living will, the declaration for mental health
treatment, or the power of attorney for health care. In those
instances, the living will, declaration for mental health
treatment, or power of attorney for health care, as the case
may be, shall be given effect according to its terms. This Act
does apply in circumstances in which a patient has a qualifying
condition but the patient's condition does not fall within the
coverage of the living will, the declaration for mental health
treatment, or the power of attorney for health care.
Each health care facility shall maintain any advance
directives proffered by the patient or other authorized person,
including a do not resuscitate order, a living will, a
declaration for mental health treatment, a declaration of a
potential surrogate or surrogates should the person become
incapacitated or impaired, or a power of attorney for health
care, in the patient's medical records for the duration of the
patient's stay. This Act does apply to patients without a
qualifying condition. If a patient is an adult with decisional
capacity, then the right to refuse medical treatment or
life-sustaining treatment does not require the presence of a
qualifying condition.

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(Source: P.A. 90-246, eff. 1-1-98.)