SB 19

This bill requires hospitals to provide a patient with an opportunity to

designate a lay caregiver who will receive instruction regarding patient aftercare

prior to the patient's discharge. If the patient is a minor, a parent or legal guardian

may designate a lay caregiver on the patient's behalf. If the patient is incapacitated

at the time of admission, a person authorized by the patient may make a designation

for the patient. Hospitals must promptly record the name and contact information

of a lay caregiver, if designated, after a patient is admitted into a hospital. If a patient

other than a minor is incapacitated at admission, but later regains capacity, the

hospital must notify the patient of the option to designate a lay caregiver or change

any designation made by a person authorized by the patient. Patients are not

required to designate a lay caregiver under this bill and, further, the designation of

a lay caregiver does not obligate any individual to provide aftercare for the patient.

Under this bill, if a patient designates a lay caregiver, the hospital is required

to attempt to notify the designated lay caregiver of the patient's discharge to another

facility or to a residence. The hospital must also attempt to consult with the lay

caregiver to prepare him or her for aftercare assistance tasks that he or she may

perform in caring for the patient, including, if applicable, wound care, injections,

medication management, and patient movement (for example, transferring a patient

in and out of bed or from a house to a car). The hospital must also issue a discharge

plan. However, if the patient or person authorized by the patient declines to provide

either informed consent or approval of the release of a portion of the patient's health

care record, the hospital is relieved of its notification and consultation obligations.

Further, under this bill, if the hospital is unsuccessful in attempting to contact the

lay caregiver, the lack of contact may not interfere with, delay, or otherwise affect the

medical care provided to the patient, or an appropriate discharge of the patient.

Under current law, patient medical records are kept confidential except in

certain limited circumstances, including if a patient or person authorized by the

patient gives informed consent to disclosure. Absent informed consent, a health care

provider may release a portion, but not a copy, of a patient health care record, to

certain individuals under certain limited circumstances. A health care provider may

also release a portion of a patient health care record to anyone if a patient or person

authorized by the patient agrees to the disclosure. Even without agreement, a health

care provider may, in certain circumstances such as patient incapacitation, release

to anyone the limited amount of information necessary to identify, locate, or provide

notification of the patient's location, condition, or death. Beyond that, current law

allows a health care provider to provide more information only to certain listed

individuals. Specifically, a health care provider may provide to the patient's

immediate family, another relative, a close personal friend of the patient, or an

individual identified by the patient, that portion of information from the health care

record directly relevant to that person's involvement in the patient's care. This bill