SPONSOR: |
Sen. Hall-Long & Rep. Bentz & Rep. Longhurst |
|
Sens.
Bonini, Poore; Reps. Baumbach, Heffernan, Jaques, D. Short |
DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
SENATE BILL NO. 52 |
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LAY CAREGIVERS. |
Section 1. Amend § 10303, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 10303. Powers and duties.
(a) In furtherance of the purposes of this subchapter, the DHIN shall have the following powers and duties:
(18) The DHIN shall make Make annual
reports to the Governor and members of the General Assembly setting forth in
detail its operations and transactions, which shall include annual audits of the
books and accounts of the DHIN made by a firm of independent certified public
accountants mutually agreed to by the Auditor of Accounts and the Director of
the Office of Management and Budget; and
(19) 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 this title, and if the
hospital attempted to or did interface with the lay caregiver, as required by §
3004J(b) of this title; and
Section 2. Amend Part II, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
CHAPTER
30J. LAY CAREGIVER DESIGNATION, NOTICE, AND TRAINING ACT.
§
3001J. Definitions.
As
used in this chapter:
(1) “Aftercare” means assistance provided by a lay
caregiver to a patient in a residence after the patient’s discharge from a
hospital that does not require the lay caregiver to be a health care provider.
(2) “Discharge” means a patient’s exit or release
from a hospital following an inpatient stay.
(3) “Health-care provider” means as defined in § 2501
of this title.
(4) “Hospital” means as defined in § 1001 of this
title.
(5) “Interface” means training the lay caregiver in
aftercare tasks contained in the discharge plan in a manner that is consistent
with current accepted practices, based on an assessment of the lay caregiver’s
learning needs, and provided through one of the following methods as chosen by
the lay caregiver: telehealth, as defined in § 3370 of Title 18, telemedicine,
as defined in § 3370 of Title 18, or in-person.
(6) “Lay caregiver” means an individual who is 18
years of age or older, who is designated by a patient or a patient’s agent under
this chapter, and who provides aftercare to a patient in a residence.
(7) “Patient’s agent” means a person authorized by
other law to make decisions for a patient.
(8) “Residence” means a dwelling considered by a
patient to be the patient’s home. “Residence” does not include any
rehabilitation facility, hospital, nursing home, assisted living facility, or
group home licensed under this title.
§
3002J. Designation of a lay caregiver.
(a)
A hospital shall provide a patient or a patient’s agent at least one
opportunity to designate at least one lay caregiver under this chapter
following the patient’s admission into a hospital and before the patient’s
discharge to a residence.
(b)
A hospital shall record in the patient’s electronic health record contained in
the Delaware Health Information Network the patient’s designation of a lay
caregiver and the lay caregiver’s contact information.
(c)
A hospital shall allow a patient or a patient’s agent to change the individual
designated as a lay caregiver by the patient or the patient’s agent in the
event that the individual designated as a lay caregiver becomes unavailable,
unwilling, or unable to provide aftercare for the patient.
(d)
The designation of an individual as a lay caregiver by a patient or a patient’s
agent under this chapter does not obligate the individual to accept the role of
lay caregiver for the patient.
(e)
This chapter may not be construed to require a patient to designate a lay
caregiver.
(f)
If a patient or a patient’s agent declines to designate a lay caregiver under
this section, a hospital shall promptly document the refusal to designate a lay
caregiver in the patient’s medical record.
(g)
A hospital may not allow the ability of a patient or a patient’s agent to
appoint a lay caregiver or the refusal or failure to appoint a lay caregiver by
a patient or a patient’s agent to interfere with, delay, or otherwise affect
the services provided to the patient by the hospital.
§
3003J. Notice to a lay caregiver.
If
a patient or a patient’s agent has designated a lay caregiver under this
chapter, a hospital shall notify the lay caregiver of the patient’s discharge
to a residence as soon as possible. If a hospital is unable to contact a
designated lay caregiver, the inability to contact the lay caregiver may not
interfere with, delay, or otherwise affect an appropriate discharge or transfer
of the patient.
§
3004J. Training of a lay caregiver.
(a)
As soon as practical, a hospital shall attempt to interface with the lay
caregiver to prepare the lay caregiver to provide aftercare.
(b)
The hospital shall record in the patient’s electronic health record contained
in the Delaware Health Information Network that it attempted to or did
interface with the lay caregiver.
(c)
If the hospital interfaces with the lay caregiver, the hospital shall provide
an opportunity for the lay caregiver to ask questions and receive answers about
the aftercare described to the lay caregiver.
(d)
A hospital shall, with the consent of the patient or the patient’s agent,
provide the lay caregiver with a discharge plan for the patient that describes the
patient’s aftercare needs.
(e)(1)
A discharge plan may include all of the following:
a. Culturally competent training on how to provide aftercare.
b. Medication management guidelines.
c. Aftercare guidelines.
d. Identification of the aftercare tasks that a discharging
health care provider specifies.
(2) A discharge plan must do all of the following:
a. Reflect the active engagement of a patient, a patient’s
agent, or lay caregiver in the discharge planning process and incorporate the goals
and preferences of a patient or a patient’s agent as much as possible.
b. Educate the lay caregiver in a manner that is
consistent with current accepted practices and based on an assessment of the
lay caregiver’s learning needs.
§
3005J. Limitations.
Nothing
in this chapter shall be construed to do any of the following:
(1) Interfere with the rights of a patient’s agent
operating under a valid advance health-care directive under Chapter 25 of this
title.
(2) Interfere with a valid Delaware Medical Orders
for Scope of Treatment (DMOST) under Chapter 25A of this title.
(3) Create a private right of action against a
hospital, a hospital employee, an individual with whom a hospital has a
contractual relationship, or an authorized agent of a hospital.
(4) Remove the obligation of a third-party payer to
cover any health care item or service that the third-party payer is obligated
to provide to a patient under the terms of a valid agreement, insurance policy,
plan, certificate of coverage, or managed care organization contract.
(5) Otherwise supersede or replace existing rights or
remedies under any other law.
(6) Hold a hospital, hospital employee, an individual
with whom a hospital has a contractual relationship, or an authorized agent of
the hospital liable for any act or omission of a lay caregiver.
§
3005J. Regulatory authority.
The
Department of Health and Social Services may promulgate regulations to
implement this chapter.
Section 3. Section 2 of this Act takes effect on January 1, 2017.
SYNOPSIS
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Author: Senator Hall-Long