Relating to care facility placement decisions for certain adults

This bill relates to care facility placement decisions for certain adults. The bill defines “authorized representative” as an agent, attorney in fact, conservator, or guardian. _____ patient’s spouse, the adult children or stepchildren, the parent or parents of a patient, or the adult siblings or stepsiblings of the patient. “Care facility” is defined as a facility that provides a patient with health-related and personal care services, including a facility providing home and community-based services, hospital, medical clinic, nursing facility, rehabilitation facility, or residential care facility. “Placement” is defined as the admission, discharge, or transfer of a patient. The bill provides that a physician licensed under the laws of this state may certify in a patient’s record that the patient is unable to consent, an authorized representative for the patient has not been located by the physician despite good-faith efforts, and that it is in the patient’s best interests to be discharged from the patient’s current care facility and transferred or admitted to a care facility recommended by the physician. “Patient” and “unable to consent” are defined in the bill. The bill provides that an authorized person shall act in good faith and in the best interests of the patient, consistent with the patient’s rights and wishes. The bill authorizes the authorized person, upon the physician’s certification, to make care facility placement decisions and assist the patient in applying for health insurance coverage through private insurance, or for a public assistance program, as necessary to facilitate placement. The bill provides that the authority of an authorized person expires when the placement decided by the authorized person is completed and notice of approval or denial of an application for health insurance coverage through a private insurer, or for a public assistance program, if applicable, is received by a qualified employee of the receiving care facility, or when an authorized representative or authorized person of higher priority is located. _____ other qualified employee as designated by the current care facility of the patient to inform an authorized person of the person’s powers and duties and to assist the person with identifying a receiving care facility for the patient that will provide the least restrictive and appropriate level of care for the patient as recommended by the certifying physician. After a good-faith effort to locate an authorized representative or authorized person, the bill allows an attending physician or a care facility to petition a court of competent jurisdiction to order placement. The petition must include certain information about the patient, the petitioner, the current care facility, and the proposed receiving care facility, and be supported by affidavits from an attending physician, a social worker, discharge planner, or other qualified employee from both the current and the proposed receiving care facility. The bill requires the court to grant the petition if it finds that the patient is unable to consent, no authorized representative for the patient or authorized person has been located by the attending physician and the patient’s current care facility despite good-faith efforts, placement in the receiving care facility recommended to the court by the patient’s attending physician is in the best interests of the patient, and will provide the least restrictive and most appropriate level of care for the patient. A social worker, intake coordinator, or other qualified employee of the proposed receiving care facility must consent to the admission of the patient. If a court order authorizes a patient’s transfer to the receiving care facility, the authority, if necessary, to apply for a public assistance program on the patient’s behalf shall transfer pursuant to court order to a qualified employee of the receiving care facility. _____ of any placement of the patient in the receiving care facility as ordered, or the date that a physician certifies that the patient is able to consent to the patient’s placement in a care facility. The bill provides that a court order authorizing a qualified employee of a receiving facility to apply for a public assistance program on a patient’s behalf shall be effective until a date specified by the court, the date notice of approval or denial of an application for health insurance coverage through a private insurer, or for a public assistance program is received by a qualified employee of the receiving facility, or the date that an attending physician certifies that the patient is able to consent to the application for a public assistance program. The bill provides immunity from civil or criminal liability to a person acting in good faith according to the provisions of the bill. Immunity from licensee discipline is also provided for licensees acting in good faith. The bill is not to be construed to require a health care facility to accept the transfer or admission of a patient unless otherwise ordered by a court of competent jurisdiction; to repeal, abrogate, or impair the operation of any other federal or state laws governing the transfer, admission, or discharge of a patient to or from a care facility unless ordered by a court of competent jurisdiction; or to infringe upon the rights of patients under federal or state law relating to the involuntary transfer, admission, or discharge to or from a care facility. The bill requires the department of health and human services to adopt rules to administer the bill.