summary
Introduced
01/31/2025
01/31/2025
In Committee
04/23/2025
04/23/2025
Crossed Over
04/10/2025
04/10/2025
Passed
08/15/2025
08/15/2025
Dead
Signed/Enacted/Adopted
08/15/2025
08/15/2025
Introduced Session
104th General Assembly
Bill Summary
Amends the Illinois Living Will Act. Creates an order of priority for authority to transfer a patient to another physician if the patient is unable to do so as follows: (i) the patient's surrogate decision-maker under the Health Care Surrogate Act, (ii) any person authorized by the patient to make such arrangements, and (iii) any member of the patient's family. Amends the Health Care Surrogate Act to delete the applicability of that Act if the patient has an operative and unrevoked living will under the Illinois Living Will Act.
AI Summary
This bill amends the Illinois Living Will Act to clarify and modify several aspects of end-of-life healthcare decision-making. The bill establishes new provisions regarding the applicability and operation of living will declarations, specifically addressing situations involving health care agencies and surrogate decision-makers. It clarifies that a living will declaration becomes operative only when specific conditions are met, such as valid execution, no revocation, patient inability to give directions, and the patient being deemed a "qualified patient". The bill prevents healthcare providers from requiring patients to execute a POLST (Physician Orders for Life-Sustaining Treatment) form as a condition of implementing a living will, and ensures that healthcare providers must comply with an apparent and immediately available declaration when a patient lacks decisional capacity. Additionally, the bill preserves the authority of surrogate decision-makers to make life-sustaining or death-delaying treatment decisions on behalf of patients who lack decisional capacity, while maintaining existing protections such as preventing life insurance policies from being impaired by withholding medical treatment and ensuring that executing a living will cannot be a condition for receiving healthcare services.
Committee Categories
Justice
Sponsors (5)
Last Action
Public Act . . . . . . . . . 104-0378 (on 08/15/2025)
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