January Session, 2015
LCO No. 3805
Referred to Committee on AGING
AN ACT CONCERNING PATIENT-DESIGNATED CAREGIVERS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 19a-504c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) The Department of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, to set minimum standards for hospital discharge planning services. Such standards shall include, but not necessarily be limited to, requirements for (1) a written discharge plan prepared in consultation with the patient, or the patient's family or representative, and the patient's physician, [and] (2) on and after October 1, 2015, a procedure for advance notice of the discharge plan to the patient [of the patient's discharge] and any person the patient designates as a caregiver pursuant to subsection (b) of this section as soon as practicable, but not later than the date a physician approves such discharge plan, in writing, and (3) provision of a copy of the discharge plan to the patient and such caregiver prior to discharge. Whenever a hospital refers a patient's name to a nursing home as part of the hospital's discharge planning process, or when a hospital patient requests such a referral, the hospital shall make a copy of the patient's hospital record available to the nursing home and shall allow the nursing home access to the patient for purposes of care planning and consultation.
(b) On and after October 1, 2015, minimum standards for hospital discharge planning shall include, but not be limited to, requirements that hospitals:
(1) Provide patients with the opportunity, upon admission, to: (A) Designate one or more caregivers for follow-up care to be given to the patient after hospital discharge, and (B) authorize, in writing, the hospital to release any of the patient's specific medical information the patient wants to release to such caregiver;
(2) Record in each patient's file the name and contact information for each designated caregiver or a notation if the patient declines to designate a caregiver; and
(3) In advance of discharge, provide each designated caregiver with (A) complete written follow-up care instructions for the patient, (B) an opportunity to ask questions of a health care provider, and (C) contact information for follow-up care and services.
(c) A patient may change or remove a designated caregiver at any time after admission. The hospital shall record any such change in the patient's file. Such designation shall not be construed to (1) require service by a named caregiver, or (2) interfere with the rights of a health care representative named in a document duly executed in accordance with the provisions of chapter 368w or the patient's wishes as expressed in an advance health care directive duly executed in accordance with the provisions of chapter 368w.
(d) Nothing in this section shall be construed 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.
This act shall take effect as follows and shall amend the following sections:
July 1, 2015
Statement of Purpose:
To facilitate follow-up care for hospital patients by requiring hospitals to record names of designated caregivers and provide detailed instructions for follow-up care.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]
SEN. BYE, 5th Dist.; SEN. BARTOLOMEO, 13th Dist.
SEN. CASSANO, 4th Dist.; SEN. COLEMAN, 2nd Dist.
SEN. CRISCO, 17th Dist.; SEN. FLEXER, 29th Dist.
SEN. GERRATANA, 6th Dist.; SEN. LARSON, 3rd Dist.
SEN. MOORE, 22nd Dist.; SEN. OSTEN, 19th Dist.
SEN. WINFIELD, 10th Dist.; SEN. HWANG, 28th Dist.
REP. LUXENBERG, 12th Dist.; REP. ROSARIO, 128th Dist.
REP. SERRA, 33rd Dist.