S00676 Summary:

BILL NOS00676B
 
SAME ASSAME AS A01323-B
 
SPONSORHANNON
 
COSPNSRSERINO, ADDABBO, AMEDORE, AVELLA, CARLUCCI, CROCI, DEFRANCISCO, FLANAGAN, FUNKE, GALLIVAN, GOLDEN, GRIFFO, KENNEDY, KRUEGER, LANZA, LARKIN, LATIMER, LAVALLE, MARCHIONE, MARTINS, MONTGOMERY, MURPHY, NOZZOLIO, O'MARA, PANEPINTO, PARKER, RITCHIE, ROBACH, SEWARD, SQUADRON, VALESKY
 
MLTSPNSR
 
Add Art 29-CCCC SS2994-hh - 2994-mm, Pub Health L
 
Relates to the identification of caregivers; creates the CARE Act.
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S00676 Actions:

BILL NOS00676B
 
01/07/2015REFERRED TO HEALTH
02/03/20151ST REPORT CAL.55
02/09/20152ND REPORT CAL.
02/10/2015ADVANCED TO THIRD READING
03/16/2015AMENDED ON THIRD READING 676A
04/21/2015PASSED SENATE
04/21/2015DELIVERED TO ASSEMBLY
04/21/2015referred to health
05/19/2015RECALLED FROM ASSEMBLY
05/19/2015returned to senate
05/19/2015VOTE RECONSIDERED - RESTORED TO THIRD READING
05/19/2015AMENDED ON THIRD READING 676B
05/27/2015REPASSED SENATE
05/27/2015RETURNED TO ASSEMBLY
05/27/2015referred to codes
06/01/2015substituted for a1323b
06/01/2015ordered to third reading cal.460
06/01/2015passed assembly
06/01/2015returned to senate
10/14/2015DELIVERED TO GOVERNOR
10/26/2015SIGNED CHAP.391
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S00676 Memo:

Memo not available
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S00676 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         676--B
            Cal. No. 55
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by  Sens.  HANNON, SKELOS, SERINO, ADDABBO, AMEDORE, AVELLA,
          CARLUCCI,  CROCI,  DeFRANCISCO,  FLANAGAN,  FUNKE,  GALLIVAN,  GRIFFO,
          KENNEDY, KRUEGER, LANZA, LARKIN, LATIMER, LAVALLE, MARCHIONE, MARTINS,
          MONTGOMERY,  MURPHY,  NOZZOLIO,  O'MARA,  PANEPINTO,  PARKER, RITCHIE,
          ROBACH, SEWARD, SQUADRON, VALESKY -- read twice and  ordered  printed,
          and  when  printed  to  be  committed  to  the  Committee on Health --
          reported favorably from said committee, ordered to  first  and  second
          report,  ordered  to  a  third reading, amended and ordered reprinted,
          retaining its place in the order of third reading -- passed by  Senate
          and  delivered  to the Assembly, recalled, vote reconsidered, restored
          to third reading, amended and ordered reprinted, retaining  its  place
          in the order of third reading
 
        AN  ACT to amend the public health law, in relation to identification of
          caregivers
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  public health law is amended by adding a new article
     2  29-CCCC to read as follows:
     3                               ARTICLE 29-CCCC
     4             CARE ACT (CAREGIVER ADVISE, RECORD AND ENABLE ACT)
     5  Section 2994-hh. Short title.
     6          2994-ii. Definitions.
     7          2994-jj. Caregiver; opportunity to identify.
     8          2994-kk. Notice to identified caregiver.
     9          2994-ll. Instruction to identified caregiver.
    10          2994-mm. Effect on other rights.
    11    § 2994-hh. Short title.  This article shall be known and may be  cited
    12  as the "CARE act".
    13    §  2994-ii.  Definitions.    When  used in this article, the following
    14  words or phrases shall have the following meanings:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03921-08-5

        S. 676--B                           2
 
     1    1. "Hospital" shall mean any "general hospital" as defined in  section
     2  twenty-eight hundred one of this chapter.
     3    2. "After-care" shall mean any assistance provided by a caregiver to a
     4  patient under this article after the patient's discharge from a hospital
     5  that  is  related  to  the patient's condition at the time of discharge.
     6  Such assistance shall include, but is not  limited  to,  assisting  with
     7  basic  activities  of  daily  living  (ADLs), instrumental activities of
     8  daily living (IADLs), and other tasks as determined to be appropriate by
     9  the discharging physician.
    10    3. "Caregiver" shall mean any individual duly identified as a caregiv-
    11  er by a patient under this article who provides after-care assistance to
    12  a patient living in his or her residence. An identified caregiver  shall
    13  include,  but is not limited to, a relative, partner, friend or neighbor
    14  who has a significant relationship with the patient.
    15    4. "Discharge" shall mean a patient's exit or release from a  hospital
    16  to the patient's residence following an inpatient admission.
    17    5.  "Entry"  shall  mean a patient's admission into a hospital for the
    18  purposes of receiving inpatient care.
    19    6. "Patient" shall mean a patient eighteen years of age or older.
    20    7.  "Residence" shall mean a dwelling that the patient considers to be
    21  his or her home. A "residence" for the purposes of  this  article  shall
    22  not   include  any  rehabilitation  facility,  hospital,  nursing  home,
    23  assisted living facility, group home or other  residential  health  care
    24  facility  as defined in section twenty-eight hundred one of this chapter
    25  or any inpatient facility regulated by the office of mental health.
    26    § 2994-jj. Caregiver; opportunity to identify.  1.  A  hospital  shall
    27  provide  each  patient  or,  if applicable, the patient's legal guardian
    28  with at least one opportunity to identify at least one  caregiver  under
    29  this  article following the patient's entry into a hospital and prior to
    30  the patient's discharge or transfer to another  facility.  The  hospital
    31  shall  inform  the patient that the purpose of providing the caregiver's
    32  identity is to include that caregiver in discharge planning and  sharing
    33  of post-discharge care information or instruction.
    34    (a) In the event that the patient is unconscious or otherwise incapac-
    35  itated upon his or her entry into a hospital, the hospital shall provide
    36  such patient or his/her legal guardian with an opportunity to identify a
    37  caregiver  following  the patient's recovery of his or her consciousness
    38  or capacity.
    39    (b) In the event that the patient  or  the  patient's  legal  guardian
    40  declines  to identify a caregiver under this article, the hospital shall
    41  promptly document this in the patient's medical record.
    42    (c) The hospital shall record the patient's identification of a  care-
    43  giver if given by the patient or legal guardian, the relationship of the
    44  identified caregiver to the patient, and the name, telephone number, and
    45  address  of  the patient's identified caregiver in the patient's medical
    46  record.
    47    (d) A patient may elect to change his or her identified  caregiver  at
    48  any  time,  and  the  hospital  must record this change in the patient's
    49  medical record.
    50    (e) (i) The hospital shall promptly request the written consent of the
    51  patient or the patient's legal guardian to release  medical  information
    52  to  the  patient's  designated caregiver following the hospital's estab-
    53  lished procedure  for  releasing  personal  health  information  and  in
    54  compliance with all state and federal laws, including the federal Health
    55  Insurance  Portability  and  Accountability  Act of 1996 as amended, and
    56  related regulations.

        S. 676--B                           3
 
     1    (ii) If the patient  or  the  patient's  legal  guardian  declines  to
     2  consent to release medical information to the patient's designated care-
     3  giver, the hospital shall not be required to provide notice to the care-
     4  giver  under  section twenty-nine hundred ninety-four-kk of this article
     5  or  provide  information contained in the patient's discharge plan under
     6  section twenty-nine hundred ninety-four-ll of this article.
     7    2. An identification of a caregiver by a patient or a patient's  legal
     8  guardian  under this section does not obligate any individual to perform
     9  any after-care tasks for any patient.
    10    3. This section shall not be construed  to  require  a  patient  or  a
    11  patient's  legal  guardian  to identify any individual as a caregiver as
    12  defined by this article.
    13    § 2994-kk. Notice to identified caregiver. A hospital shall notify the
    14  patient's identified caregiver of the patient's discharge or transfer to
    15  another hospital or facility licensed by the department or the office of
    16  mental health as soon as the date and time of discharge or transfer  can
    17  be  anticipated  prior  to the patient's actual discharge or transfer to
    18  such facility.   In the event the hospital  is  unable  to  contact  the
    19  designated  caregiver,  the  lack  of  contact shall not interfere with,
    20  delay, or otherwise affect the medical care provided to the  patient  or
    21  an  appropriate  discharge  of  the patient. The hospital shall promptly
    22  document the attempt in the patient's medical record.
    23    § 2994-ll. Instruction to identified caregiver.  1. As soon as  possi-
    24  ble  and not later than twenty-four hours prior to a patient's discharge
    25  from a hospital, the hospital shall consult with the identified caregiv-
    26  er along with the patient regarding  the  caregiver's  capabilities  and
    27  limitations  and  issue  a  discharge  plan  that  describes a patient's
    28  after-care needs at his or her residence.  In the event the hospital  is
    29  unable  to  contact  the designated caregiver, the lack of contact shall
    30  not interfere with, delay, or otherwise affect the medical care provided
    31  to the patient or an appropriate discharge of the patient. The  hospital
    32  shall promptly document the attempt in the patient's medical record.  At
    33  minimum, a discharge plan shall include:
    34    (a) the name and contact information of the caregiver identified under
    35  this article;
    36    (b) a description of all after-care tasks recommended by the discharg-
    37  ing  physician,  taking into account the capabilities and limitations of
    38  the caregiver; and
    39    (c) contact information for  health  care,  community  resources,  and
    40  long-term  services and supports necessary to successfully carry out the
    41  patient's discharge plan.
    42    2. The hospital issuing the discharge plan must offer caregivers  with
    43  instruction in all after-care tasks described in the discharge plan.
    44    (a) At minimum, such instruction shall include:
    45    (i)  a  live  or  recorded  demonstration  of the tasks performed by a
    46  hospital employee authorized to perform the after-care task, provided in
    47  a culturally competent manner and  in  accordance  with  the  hospital's
    48  requirements to provide language access services under state and federal
    49  law;
    50    (ii)  an  opportunity  for  the caregiver and patient to ask questions
    51  about the after-care tasks; and
    52    (iii) answers to the caregiver's and patient's questions provided in a
    53  culturally competent  manner  and  in  accordance  with  the  hospital's
    54  requirements to provide language access services under state and federal
    55  law.

        S. 676--B                           4
 
     1    (b)  Any  instructions required under this article shall be documented
     2  in the patient's medical record, including, at minimum, the date,  time,
     3  and contents of the instruction.
     4    3. The department is authorized to promulgate regulations to implement
     5  the  provisions  of  this  article,  including but not limited to, regu-
     6  lations to further define the  content  and  scope  of  any  instruction
     7  provided to caregivers under this article.
     8    § 2994-mm. Effect on other rights. 1. Nothing in this article shall be
     9  construed  to  interfere  with  the rights of an agent operating under a
    10  valid health care directive created under  section  twenty-nine  hundred
    11  eighty-two of this chapter.
    12    2.  Nothing in this article shall be construed to create a new private
    13  right of action not otherwise existing in law against a hospital or  any
    14  of  its  directors,  trustees,  officers,  employees  or  agents, or any
    15  contractors with whom a hospital has a contractual relationship.
    16    3. A hospital, any of its directors, trustees, officers, employees  or
    17  agents,  or  any  contractors  with  whom  a  hospital has a contractual
    18  relationship shall not be held liable, provided  it  has  complied  with
    19  this  article  and  acted reasonably and in good faith, for the services
    20  rendered or not  rendered  by  the  caregiver  to  the  patient  at  the
    21  patient's residence.
    22    § 2. This act shall take effect on the one hundred eightieth day after
    23  it shall have become a law.
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