SB 376

This bill would provide a procedure for the aftercare of certain patients discharged from a hospital

This bill would provide for the designation of a family caregiver

This bill would provide for notice and instruction to a patient and his or her guardian and his or her designated caregiver. This bill would impose limitation of liability in regard to hospitals

Relating to the release of patients from hospital care; to provide a procedure for aftercare of certain patients discharged from a hospital, the designation of a caregiver, notice and instruction to a patient, his or her guardian, and the patient's designated caregiver prior to the discharge of the patient from a hospital; and to provide for limitation of liability in regard to hospitals.

Section 1

This act shall be known and may be cited as the Alabama Family Caregiver Act.

Section 2

As used in this act, the following terms shall have the following meanings: (1) AFTERCARE. Any assistance provided by a caregiver to a patient pursuant to this act after the discharge of the patient from a hospital which may include tasks that are limited to the condition of the patient at the time of discharge and that do not require a licensed professional. (2) CAREGIVER. An individual who meets all of the following conditions: a. Is 18 years of age or older. b. Provides aftercare to an individual. c. Is identified by the patient or, if applicable, the legal guardian of the patient as a person who is involved with the health care of the patient pursuant to 45 CFR 164.510(b), as it existed on January 1, 2018. (3) DISCHARGE. The release of a patient from hospital care to his or her residence following an inpatient admission. (4) HOSPITAL. A facility as defined in Section 22-21-20, Code of Alabama 1975. (5) PATIENT. An individual 18 years of age or older who has been admitted to a hospital for inpatient care. (6) RESIDENCE. A dwelling that the patient considers to be his or her home. The term does not include a rehabilitation facility, hospital, nursing home, assisted living facility, or group home.

Section 3

(a) (1) A hospital shall provide each patient or, if applicable, the legal guardian of the patient with at least one opportunity to designate a caregiver following the inpatient admission of the patient into the hospital and prior to the discharge of the patient. (2) If the patient is unconscious or otherwise incapacitated upon his or her entry into a hospital, the hospital shall provide the patient or his or her legal guardian with an opportunity to designate a caregiver following his or her return to consciousness or capacity. (3) If the patient or his or her legal guardian designates an individual as a caregiver, the hospital shall record the name, telephone number, and address of the designated caregiver in the medical records of the patient. (4) If the original designated caregiver becomes unavailable, unwilling, or unable to care for the patient prior to discharge, a patient may elect to change his or her designated caregiver, and the hospital shall record this change in the medical record of the patient. (b) A hospital shall be deemed to have complied in full with this act if the patient or, if applicable, the legal guardian of the patient declines to designate a caregiver. (c) A designation of a caregiver by a patient or the legal guardian of the patient does not obligate any individual to perform any aftercare tasks for any patient.

Section 4

If a patient or the legal guardian of the patient has designated a caregiver, a hospital shall make a good faith attempt to notify the designated caregiver of the discharge of the patient to the residence of the patient as soon as possible prior to the discharge of the patient. If the hospital is unable to contact the designated 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.

Section 5

(a) As soon as practicable, the hospital shall make a reasonable effort to consult with the designated caregiver and the patient or his or her legal guardian, taking into account the capabilities and limitations of the caregiver, to accomplish the aftercare tasks that may be included in a discharge care plan that describes the patient's aftercare needs at his or her residence. (b) As part of the consultation required under subsection (a), the hospital shall educate and instruct the caregiver concerning the aftercare needs of the patient in a manner that is consistent with the discharge plan and is based on the learning needs of the caregiver. In addition, the hospital shall also provide an opportunity for the caregiver and patient or his or her legal guardian to ask questions and receive explanations about the aftercare tasks. (c) If the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect an appropriate discharge of the patient.

Section 6

This act may not be interpreted or construed to: (1) Allow a caregiver to make any medical decisions or provide informed consent on behalf of the patient unless the caregiver is otherwise authorized to do so pursuant to law or affect the rights of a patient provided by other provisions of law. (2) Create a cause of action against a hospital, hospital employee, duly authorized agent of the hospital, or any consultant or contractor with whom the hospital has a contractual relationship.

Section 7

(a) A hospital, hospital employee, or any consultant or contractor with whom a hospital has a contractual relationship is not liable, vicariously, or otherwise, to any patient for any injury, death, loss, civil penalty, or damage as a result of any act or omission of a designated caregiver in rendering assistance or care to a patient or as a result of any act or failure to act or failure to provide care rendered by a designated caregiver to a patient. (b) A hospital, hospital employee, or any consultant or contractor with whom a hospital has a contractual relationship is not liable to a designated caregiver, except for gross negligence or willful and wanton misconduct directly related to the education and instruction provided to the designated caregiver concerning the aftercare needs of the patient, for any injury, death, loss, civil penalty, or damage as a result of any act or omission of a caregiver in rendering assistance or care to a patient or as a result of any act or failure to act or failure to provide care rendered by the designated caregiver to a patient.

Section 8

A designated caregiver may not accept compensation in exchange for aftercare provided to the patient. A licensed medical professional may be designated as a caregiver as long as the individual does not accept compensation for aftercare provided to the patient.

Section 9

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.