§ 2994-LL — Instruction to identified caregiver

§ 2994-ll. Instruction to identified caregiver. 1. As soon as possible\nand not later than twenty-four hours prior to a patient's discharge from\na hospital, the hospital shall consult with the identified caregiver\nalong with the patient regarding the caregiver's capabilities and\nlimitations and issue a discharge plan that describes a patient's\nafter-care needs at his or her residence. In the event the hospital is\nunable to contact the designated caregiver, the lack of contact shall\nnot interfere with, delay, or otherwise affect the medical care provided\nto the patient or an appropriate discharge of the patient. In the event\nthat the identified caregiver is unwilling or unable to confidently\nprovide proper care, the hospital shall assess whether other services,\nincluding but not limited to home care services, are needed and, if\nnecessary, order such services. The hospital shall promptly document the\nattempt in the patient's medical record. At minimum, a discharge plan\nshall include:\n (a) the name and contact information of the caregiver identified under\nthis article;\n (b) a description of all after-care tasks recommended by the\ndischarging physician, taking into account the capabilities and\nlimitations of the caregiver; and\n (c) contact information for health care, community resources, and\nlong-term services and supports necessary to successfully carry out the\npatient's discharge plan.\n 2. The hospital issuing the discharge plan must offer caregivers with\ninstruction in all after-care tasks described in the discharge plan.\n (a) At minimum, such instruction shall include:\n (i) a live or recorded demonstration of the tasks performed by a\nhospital employee authorized to perform the after-care task, provided in\na culturally competent manner and in accordance with the hospital's\nrequirements to provide language access services under state and federal\nlaw;\n (ii) an opportunity for the caregiver and patient to ask questions\nabout the after-care tasks; and\n (iii) answers to the caregiver's and patient's questions provided in a\nculturally competent manner and in accordance with the hospital's\nrequirements to provide language access services under state and federal\nlaw.\n (b) Any instructions required under this article shall be documented\nin the patient's medical record, including, at minimum, the date, time,\nand contents of the instruction.\n 3. The department is authorized to promulgate regulations to implement\nthe provisions of this article, including but not limited to,\nregulations to further define the content and scope of any instruction\nprovided to caregivers under this article.\n