Delaware General Assembly

Signed 8/3/16

The General Assembly has ended, the current status is the final status.

5/13/16

Hall-Long

Reps. Bentz, Longhurst

Sen. Bonini, Poore
Reps. Baumbach, Heffernan, Jaques, D. Short

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LAY CAREGIVERS.

An estimated 123,000 Delawareans provide varying degrees of unreimbursed care to adults with limitations in daily activities. Based on 2013 data, the total value of the unpaid care provided to Delawareans in need of long-term services and supports amounts to an estimated $1.58 billion every year. These “lay caregivers” are often members of the individual’s immediate family, but friends and other community members also serve as lay caregivers. While most lay caregivers are asked to assist an individual with basic activities of daily living, such as mobility, eating, and dressing, many are expected to perform complex medical tasks, such as administering medications, providing wound care, and operating medical equipment. Section 1 of this Act requires the Delaware Health Information Network (“DHIN”) to develop and maintain a process to enable a hospital to record in the patient’s electronic health record contained in the DHIN the patient’s designation of a lay caregiver and the lay caregiver’s contact information, as required by § 3002J(b) of Title 16, and if the hospital attempted to or did interface with the lay caregiver, as required by § 3004J(b) of Title 16.Section 2 of this Act requires that a hospital provide a patient or the patient’s agent an opportunity to designate a lay caregiver prior to the patient’s discharge. If a lay caregiver is designated, the hospital is required to document the designation in the patient’s medical record, notify the lay caregiver, and to interface with the lay caregiver related to the patient’s discharge plan. Section 3 of this Act delays the effective date of Section 2 of this Act until January 1, 2017.

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Takes effect upon being signed into law

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