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Illinois General Assembly· HB 1332Governor Approved

HOSPITAL EMERGENCY CONTACT, the official text

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HB1332 Enrolled                      LRB104 07383 BAB 17423 b

1   AN ACT concerning regulation.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Caregiver Advise, Record, and Enable Act is

5 amended by changing Sections 1, 5, 10, and 30 and by adding

6 Section 14 as follows:

7   (210 ILCS 91/1)

8   Sec. 1. Short title. This Act may be cited as the Emergency

9 Contact and Caregiver Advise, Record, and Enable Act.

10 (Source: P.A. 99-222, eff. 1-27-16.)

11  (210 ILCS 91/5)

12  Sec. 5. Definitions. As used in this Act:

13  "After care" means clinical assistance to a patient

14 provided by a caregiver in the patient's residence following

15 the patient's discharge from an inpatient hospital stay that

16 is related to the patient's condition at the time of

17 discharge, as determined appropriate by the discharging

18 physician or other health care professional. Clinical

19 assistance may include activities of daily living or

20 medication management.

21  "Caregiver" means any individual designated by a patient

22 to provide after care to a patient. A designated caregiver may
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1 include, but is not limited to, a relative, spouse, partner,

2 friend, or neighbor.

3   "Discharge" means a patient's release from a hospital to

4 the patient's residence following an inpatient admission.

5   "Emergency Contact" means the name, telephone number, or

6 address of an individual designated by a patient to be

7 contacted by a hospital. An emergency contact may include, but

8 is not limited to, a relative, spouse, partner, friend, or

9 neighbor of the patient or the patient's legal representative.

10  "Hospital" means a hospital that provides general acute

11 care that is either licensed under the Hospital Licensing Act

12 or operated under the University of Illinois Hospital Act.

13  "Legal representative" means a personal representative

14 having designated legal status, including an agent designated

15 through a power of attorney.

16  "Patient" means an individual admitted to a hospital as an

17 inpatient. "Patient" does not include a pediatric patient or a

18 patient who is not capable of designating a caregiver due to a

19 health care condition or other circumstances, as determined by

20 the health care provider.

21  "Protected health information" has the meaning given to

22 that term in 45 CFR 160.103 of the Privacy Rule to the Health

23 Insurance Portability and Accountability Act of 1996 (42

24 U.S.C. 1320d et al.), as may be amended.

25  "Residence" means a dwelling that the patient considers to

26 be the patient's home. "Residence" does not include a
    HB1332 Enrolled   -3-  LRB104 07383 BAB 17423 b

1 rehabilitation facility, hospital, nursing home, assisted
2 living establishment, group home licensed by the Department of
3 Public Health or the Department of Human Services, or a
4 State-operated facility.
5 (Source: P.A. 99-222, eff. 1-27-16.)

6   (210 ILCS 91/10)

7   Sec. 10. Opportunity to designate an emergency contact and

8 a caregiver.

9   (a) Following the patient's admission into the hospital as

10 an inpatient, a A hospital shall provide each patient or, if

11 applicable, the patient's legal representative with an

12 opportunity to designate: (1) an emergency contact, including

13 the opportunity to authorize the hospital to share protected

14 health information with the patient's emergency contact; and

15 (2) a caregiver following the patient's admission into the

16 hospital as an inpatient and prior to the patient's discharge

17 to the patient's residence or transfer to another facility.

18  (b) In the event that a patient is unconscious or

19 otherwise incapacitated, the hospital shall provide the

20 patient or the patient's legal representative with an

21 opportunity to designate an emergency contact and a caregiver

22 within a timeframe deemed appropriate by the attending

23 physician or other licensed health care provider.

24  (c) If a patient or legal representative declines to

25 designate an emergency contact or a caregiver pursuant to this
    HB1332 Enrolled  -4-                 LRB104 07383 BAB 17423 b

1 Act, the hospital shall document this declination in the

2 patient's medical record and has no further responsibilities

3 under this Act.

4   (d) If a patient or the patient's legal representative

5 designates an individual as an emergency contact or a

6 caregiver under this Act, the hospital shall record the

7 patient's designation of emergency contact and caregiver, the

8 relationship of the emergency contact and designated caregiver

9 to the patient, and the name, telephone number, and address of

10 the patient's emergency contact and designated caregiver in

11 the patient's medical record.

12  (e) A patient may elect to change his or her emergency

13 contact or designated caregiver at any time, and the hospital

14 must record this change in the patient's medical record and

15 thereafter treat the newly named person as the designated

16 emergency contact or caregiver.

17  (f) A designation of an emergency contact or a caregiver

18 by a patient or the patient's legal representative does not

19 obligate any individual to provide any after care for the

20 patient.

21  (g) This Section shall not be construed to require a

22 patient or a patient's legal representative to designate an

23 individual as an emergency contact or a caregiver under this

24 Act.

25 (Source: P.A. 99-222, eff. 1-27-16.)
    HB1332 Enrolled            -5-    LRB104 07383 BAB 17423 b

1   (210 ILCS 91/14 new)

2   Sec. 14. Notice to designated emergency contact. If a

3 patient has authorized the hospital to share protected health

4 information with an emergency contact that is not the

5 patient's legal representative and the patient's legal

6 representative does not object, a hospital shall, as soon as

7 practicable, notify that emergency contact of the patient's

8 death. The hospital's attempt to notify the emergency contact

9 shall be noted in the patient's record. Failure of the

10 patient's emergency contact to respond to a hospital's

11 attempted contact shall not be considered a violation of this

12 Section. If a patient fails to authorize the hospital to share

13 the patient's protected health information or revokes such

14 authorization, the hospital may contact the emergency contact

15 only as otherwise allowed by law.

16  (210 ILCS 91/30)

17  Sec. 30. No private right of action. Nothing in this Act

18 shall be construed to create a private right of action against

19 a hospital, a hospital affiliate, a hospital employee, or a

20 consultant or contractor with whom a hospital has a

21 contractual relationship solely for attempting to contact an

22 emergency contact, as described in Section 14 of this Act, or

23 providing instruction to a designated caregiver, as described

24 in Section 20 of this Act.

25  A hospital, a hospital affiliate, a hospital employee, or
   HB1332 Enrolled    -6-                LRB104 07383 BAB 17423 b

1 a consultant or contractor with whom a hospital has a

2 contractual relationship shall not be held liable, except for

3 willful or wanton misconduct, for services rendered or not

4 rendered by the caregiver to the patient or for the hospital's

5 inability to contact, or timeliness in contacting, an

6 emergency contact.

7  Nothing in this Act shall delay the provision of care to a

8 patient, the discharge of a patient, or the transfer of a

9 patient from a hospital to another facility.

10 (Source: P.A. 99-222, eff. 1-27-16.)
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