Public Act 104-0046
 
HB1332 EnrolledLRB104 07383 BAB 17423 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Caregiver Advise, Record, and Enable Act is 
amended by changing Sections 1, 5, 10, and 30 and by adding 
Section 14 as follows:
 
    (210 ILCS 91/1)
    Sec. 1. Short title. This Act may be cited as the Emergency 
Contact and Caregiver Advise, Record, and Enable Act.
(Source: P.A. 99-222, eff. 1-27-16.)
 
    (210 ILCS 91/5)
    Sec. 5. Definitions. As used in this Act:
    "After care" means clinical assistance to a patient 
provided by a caregiver in the patient's residence following 
the patient's discharge from an inpatient hospital stay that 
is related to the patient's condition at the time of 
discharge, as determined appropriate by the discharging 
physician or other health care professional. Clinical 
assistance may include activities of daily living or 
medication management. 
    "Caregiver" means any individual designated by a patient 
to provide after care to a patient. A designated caregiver may 
include, but is not limited to, a relative, spouse, partner, 
friend, or neighbor.
    "Discharge" means a patient's release from a hospital to 
the patient's residence following an inpatient admission. 
    "Emergency Contact" means the name, telephone number, or 
address of an individual designated by a patient to be 
contacted by a hospital. An emergency contact may include, but 
is not limited to, a relative, spouse, partner, friend, or 
neighbor of the patient or the patient's legal representative. 
    "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.
    "Legal representative" means a personal representative 
having designated legal status, including an agent designated 
through a power of attorney. 
    "Patient" means an individual admitted to a hospital as an 
inpatient. "Patient" does not include a pediatric patient or a 
patient who is not capable of designating a caregiver due to a 
health care condition or other circumstances, as determined by 
the health care provider.
    "Protected health information" has the meaning given to 
that term in 45 CFR 160.103 of the Privacy Rule to the Health 
Insurance Portability and Accountability Act of 1996 (42 
U.S.C. 1320d et al.), as may be amended. 
    "Residence" means a dwelling that the patient considers to 
be the patient's home. "Residence" does not include a 
rehabilitation facility, hospital, nursing home, assisted 
living establishment, group home licensed by the Department of 
Public Health or the Department of Human Services, or a 
State-operated facility. 
(Source: P.A. 99-222, eff. 1-27-16.)
 
    (210 ILCS 91/10)
    Sec. 10. Opportunity to designate an emergency contact and 
a caregiver. 
    (a) Following the patient's admission into the hospital as 
an inpatient, a A hospital shall provide each patient or, if 
applicable, the patient's legal representative with an 
opportunity to designate: (1) an emergency contact, including 
the opportunity to authorize the hospital to share protected 
health information with the patient's emergency contact; and 
(2) a caregiver following the patient's admission into the 
hospital as an inpatient and prior to the patient's discharge 
to the patient's residence or transfer to another facility. 
    (b) In the event that a patient is unconscious or 
otherwise incapacitated, the hospital shall provide the 
patient or the patient's legal representative with an 
opportunity to designate an emergency contact and a caregiver 
within a timeframe deemed appropriate by the attending 
physician or other licensed health care provider. 
    (c) If a patient or legal representative declines to 
designate an emergency contact or a caregiver pursuant to this 
Act, the hospital shall document this declination in the 
patient's medical record and has no further responsibilities 
under this Act. 
    (d) If a patient or the patient's legal representative 
designates an individual as an emergency contact or a 
caregiver under this Act, the hospital shall record the 
patient's designation of emergency contact and caregiver, the 
relationship of the emergency contact and designated caregiver 
to the patient, and the name, telephone number, and address of 
the patient's emergency contact and designated caregiver in 
the patient's medical record. 
    (e) A patient may elect to change his or her emergency 
contact or designated caregiver at any time, and the hospital 
must record this change in the patient's medical record and 
thereafter treat the newly named person as the designated 
emergency contact or caregiver. 
    (f) A designation of an emergency contact or a caregiver 
by a patient or the patient's legal representative does not 
obligate any individual to provide any after care for the 
patient. 
    (g) This Section shall not be construed to require a 
patient or a patient's legal representative to designate an 
individual as an emergency contact or a caregiver under this 
Act. 
(Source: P.A. 99-222, eff. 1-27-16.)
 
    (210 ILCS 91/14 new)
    Sec. 14. Notice to designated emergency contact. If a 
patient has authorized the hospital to share protected health 
information with an emergency contact that is not the 
patient's legal representative and the patient's legal 
representative does not object, a hospital shall, as soon as 
practicable, notify that emergency contact of the patient's 
death. The hospital's attempt to notify the emergency contact 
shall be noted in the patient's record. Failure of the 
patient's emergency contact to respond to a hospital's 
attempted contact shall not be considered a violation of this 
Section. If a patient fails to authorize the hospital to share 
the patient's protected health information or revokes such 
authorization, the hospital may contact the emergency contact 
only as otherwise allowed by law. 
 
    (210 ILCS 91/30)
    Sec. 30. No private right of action. Nothing in this Act 
shall be construed to create a private right of action against 
a hospital, a hospital affiliate, a hospital employee, or a 
consultant or contractor with whom a hospital has a 
contractual relationship solely for attempting to contact an 
emergency contact, as described in Section 14 of this Act, or 
providing instruction to a designated caregiver, as described 
in Section 20 of this Act.
    A hospital, a hospital affiliate, a hospital employee, or 
a consultant or contractor with whom a hospital has a 
contractual relationship shall not be held liable, except for 
willful or wanton misconduct, for services rendered or not 
rendered by the caregiver to the patient or for the hospital's 
inability to contact, or timeliness in contacting, an 
emergency contact.
    Nothing in this Act shall delay the provision of care to a 
patient, the discharge of a patient, or the transfer of a 
patient from a hospital to another facility.
(Source: P.A. 99-222, eff. 1-27-16.)