SF 210 — A bill for an act providing for the designation of a lay caregiver relating to a patient’s inpatient stay at a hospital. (Formerly SF 84.) Effective 7-1-19.

Senate File 210 - IntroducedEnrolled SENATESenate FILEFile 210 BYAN COMMITTEEACT ONPROVIDING HUMANFOR RESOURCESTHE (SUCCESSORDESIGNATION TOOF SF 84) A BILLLAY FORCAREGIVER AnRELATING ActTO providingA forPATIENT’S theINPATIENT designationSTAY ofAT aA layHOSPITAL. caregiver relating to a patient’s inpatient stay at a hospital.

TLSBSection 1895SV1. (1) 88 pf/rh S.F.

210 Section 1.

“Lay caregiver” means an individual, eighteen years of age or older, who is designated as a lay caregiver under this chapter by a patient or the patient’s legal representative, and who is willing and able to perform aftercare assistance for the patientSenate atFile the210, patient’sp. residence following discharge.

2 patient at the patient’s residence following discharge.

144F.2 Discharge policies —— LSBopportunity 1895SVto (1)designate 88lay -1-caregiver. pf/rh 1/7 S.F.

210 opportunity to designate lay caregiver.

If a patient or the patient’s legal representative designates a lay caregiver, the hospital shall do all of the following:Senate File 210, p.

3 following:

(1) Request written consent from the patient or the patient’s legal representative to release medical information to the lay caregiver in accordance with the hospital’s LSBestablished 1895SVprocedures (1)for 88releasing -2-a pf/rhpatient’s 2/7personal S.F.health information and in compliance with all applicable state and federal laws.

210 established procedures for releasing a patient’s personal health information and in compliance with all applicable state and federal laws.

Consult with the patient’s lay caregiver to prepare the laySenate caregiverFile for210, thep. aftercare assistance the lay caregiver may provide.

4 lay caregiver for the aftercare assistance the lay caregiver may provide.

Issue a discharge plan that describes the aftercare assistance needs of the patient and offer to provide the lay caregiver with instructions for the aftercare assistance tasks LSBdescribed 1895SVin (1)the 88discharge -3-plan pf/rhand 3/7the S.F.opportunity for the lay caregiver to ask questions regarding such tasks.

210 described in the discharge plan and the opportunity for the lay caregiver to ask questions regarding such tasks.

3.Senate File 210, p.

Nothing5 in3. this chapter shall be construed to interfere LSB 1895SV (1) 88 -4- pf/rh 4/7 S.F.

210Nothing in this chapter shall 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.

EXPLANATION______________________________ The______________________________ inclusionCHARLES ofSCHNEIDER thisLINDA explanationUPMEYER doesPresident notof constitutethe agreementSenate withSpeaker of the explanation’sHouse substanceI byhereby thecertify membersthat ofthis bill originated in the generalSenate assembly.and is known as Senate File 210, Eighty-eighth General Assembly.

This______________________________ billW. relates to the designation of a lay caregiver relative to an inpatient stay of a patient in a hospital to provide aftercare assistance to the patient upon discharge of the patient to the patient’s residence.

TheCHARLES billSMITHSON providesSecretary definitionsof usedthe inSenate newApproved Code_______________, chapter2019 144F.______________________________ KIM REYNOLDS Governor

The bill requires a hospital to adopt and maintain evidence-based discharge policies and procedures that provide for an assessment of the patient’s ability for self-care after discharge and provide the patient or, if applicable, the patient’s legal representative, with an opportunity to designate one lay caregiver prior to the patient’s discharge from the hospital.

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 LSB 1895SV (1) 88 -5- pf/rh 5/7 S.F.

210 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 LSB 1895SV (1) 88 -6- pf/rh 6/7 S.F.

210 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.

LSB 1895SV (1) 88 -7- pf/rh 7/7