Providing for the designation of a lay caregiver relating to a patient’s inpatient stay at a hospital. Effective 7-1-19

The bill provides for the priority order in determining who may designate a lay caregiver between the patient, an agent under a durable power of attorney for health care, or a guardian and provides that if a patient or legal representative declines to designate a lay caregiver the hospital is required to document the declination in the patient’s medical record and the hospital is then deemed in compliance with the designation provision. If a patient or the patient’s legal representative designates a lay caregiver, the hospital is required to record the designation in the patient’s medical record, and to request the written consent of the patient or the patient’s legal representative to release medical information to the lay caregiver in accordance with the hospital’s established procedures and in compliance with all federal and state laws. If the patient or the patient’s legal representative declines to consent to release medical information to the lay caregiver, the hospital is not required to provide notice to the lay caregiver of the patient’s discharge or to provide information contained in the patient’s discharge plan to the lay caregiver. The bill allows for a change in the designation of a lay caregiver by the patient or the patient’s legal representative if the lay caregiver becomes incapacitated. Under the bill, the designation of a lay caregiver does not obligate the designated individual to perform any aftercare assistance for the patient and the bill is not to be construed to require a patient or a patient’s legal representative to designate a lay caregiver. Under the bill, a hospital is required to notify the designated lay caregiver of the patient’s discharge as soon as practicable. If a lay caregiver is designated, the hospital is required as soon as practicable prior to the patient’s discharge from a hospital, to attempt to consult with the lay caregiver to prepare the lay caregiver for the aftercare assistance that may be provided by the lay caregiver; and to issue a discharge plan and offer to provide the lay caregiver with instructions for the aftercare assistance tasks described in the discharge plan and the opportunity to ask questions. The inability of a hospital to consult with a lay caregiver shall not interfere with, delay, or otherwise affect the medical care provided to the patient or the patient’s discharge. A hospital’s discharge process adopted and maintained under the bill may incorporate established evidence-based practices including those specified in the bill. The bill is not to be construed to interfere with the authority or responsibilities of an agent operating under a valid durable power of attorney for health care or with the power and duties granted a guardian; or to create a private right of action against a hospital, a hospital employee, or any consultant or contractor with whom a hospital has a contractual relationship or to limit or otherwise supersede or replace existing rights or remedies under other provisions of law. Additionally, the bill shall not delay the appropriate discharge or transfer of a patient; shall not be construed to interfere with or supersede a health care provider’s instructions regarding a Medicare-certified home health agency or any other post-acute care provider; and shall not be construed to grant decision-making authority to a lay caregiver to determine the type of provider or provider of the patient’s post-hospital care as specified in the patient’s discharge plan.