SB 161 — Enact the North Carolina Caregivers Act.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 12 SENATE BILL 161 Health Care Committee Substitute Adopted 5/2/19 Short Title:

Senators Krawiec, Bishop, and Hise (Primary Sponsors).

Rules and Operations of the Senate February 28, 2019 A BILL TO BE ENTITLED AN ACT ENACTING THE NORTH CAROLINA CAREGIVERS ACT.

– Each hospital licensed under this Article shallmay provide each patient or, if applicable, the patient's legal guardian with at least one opportunity to designate at least one caregiver as soon as possible following the patient's admission into a hospital and prior to the patient's discharge or transfer to another facility.

If the patient or the patient's legal guardian declines to designatedesignatea acaregiver,thehospital caregiver,maydocumentthis the hospital shall document this decision in the patient's medical record.

(1) The hospital shallmay request the written consent of the patient or the patient's legal guardian to release medical information to the patient's designated caregiver in a manner that complies with the hospital's established procedures for releasing personal health information and any applicable State and federal laws.

(2) If the patient or the patient's legal guardian declines to consent to release medical information to the patient's designated caregiver, the hospital is not *S161-v-1**S161-v-2* General Assembly Of North Carolina Session 2019 required to provide to the designated caregiver the notice required by subsection (c) of this section or the instructions described in subsection (d) of this section.

(3) The hospital shallmay record in the patient's medical record the designated caregiver's name and contact information along with the relationship of the designated caregiver to the patient.

(4) A patient or the patient's legal guardian may elect to change a designated caregiver at any time, and the hospital shallmay record this change in the patient's medical record as soon as possible after the patient elects to make a change.

– A hospital shallmay make a good-faith effort tonotifythepatient's designatedcaregiverofthepatient'sdischargeortransferto anotherhospital or facility licensed in this State as soon as possible prior to discharge.

If the hospital is unable to contact the designated caregiver, the hospital shallmay document its efforts in the patient's medical record.

The lack of contact shallmay not interfere with, delay, or otherwise affect (i) the medical care provided by the hospital to the patient or (ii) an otherwise appropriate discharge of the patient.

– As soon as possible prior to a patient's discharge from a hospital, the hospital shallmay consult with the patient along with the designated caregiver regarding the designated caregiver's capabilities and limitations and issue a discharge plan that describes a patient's aftercare needs at the patient's residence.

During this consultation, the hospital shallmay provide the patient and the designated caregiver an opportunity for instruction in related aftercare tasks.

Any instruction provided pursuant to this subsection shallmay be documented in the patient's medical record.

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