Senate Bill 2108

(As Passed the Senate)

AN ACT RELATING TO DESIGNATED CAREGIVERS; PROVIDING DEFINITIONS; PERMITTING HOSPITAL PATIENTS TO DESIGNATE CERTAIN CAREGIVERS; REQUIRING PATIENT CONSENT; REQUIRING CERTAIN NOTATION IN MEDICAL RECORDS; PERMITTING MODIFICATIONS TO CAREGIVER DESIGNATIONS; REQUIRING CERTAIN NOTICES TO CAREGIVERS; REQUIRING HOSPITAL TO CONSULT WITH CAREGIVER TO PREPARE FOR AFTERCARE AND TO ISSUE DISCHARGE PLAN; PROVIDING FOR CIRCUMSTANCES IN WHICH HOSPITAL IS UNABLE TO CONTACT CAREGIVER; PROHIBITING USE OF STATE OR FEDERAL FUNDS FOR PAYMENT OF CAREGIVERS; PROHIBITING IMPACT ON STATE OR FEDERAL FUNDS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. For the purposes of Sections 2 through 6 of this act:

(a) "Aftercare" means any assistance provided by a designated lay caregiver to an individual under this act after the patient's discharge from a hospital. Such assistance may include tasks that are limited to the patient's condition at the time of discharge that do not require a licensed professional.

(b) "Discharge" means a patient's exit or release from a hospital to the patient's residence following any inpatient stay.

(d) "Lay caregiver" means any individual eighteen (18) years of age or older, including next of kin, duly designated as a lay caregiver pursuant to the provisions of this act who provides aftercare assistance to a patient in the patient's residence.

(e) "Residence" means a dwelling considered by a patient to be his or her home, not including any hospital, nursing home, rehabilitation facility, assisted living facility or group home licensed by the State Department of Health.

SECTION 2. (1) Hospitals shall provide each patient or the patient's legal guardian with an opportunity to designate one (1) lay caregiver following the patient's admission into a hospital and prior to the patient's discharge to the patient's residence:

(a) In the event the patient is unconscious or otherwise incapacitated upon admission to the hospital, the hospital shall provide the patient's legal guardian with an opportunity to designate a lay caregiver following the patient's recovery of consciousness or capacity, so long as the designation or lack of a designation does not interfere with, delay or otherwise affect the medical care provided to the patient.

(b) In the event the patient or the patient's legal guardian declines to designate a lay caregiver under this act, the hospital shall promptly document such in the patient's medical record, and the hospital shall be deemed to comply with the provisions of this act.

(c) In the event that the patient or the patient's legal guardian designates an individual as a lay caregiver under this act, the hospital shall promptly request the written consent of the patient or the patient's legal guardian to release medical information to the patient's designated lay caregiver pursuant to the hospital's established procedures for releasing personal health information and in compliance with applicable state and federal law.

(d) If the patient or the patient's legal guardian declines to consent to the release of medical information to the patient's designated lay caregiver, the hospital is not required to provide notice to the lay caregiver pursuant to the provisions of Section 3 of this act.

(e) The hospital shall record the patient's designation of a lay caregiver, the relationship of the lay caregiver to the patient, and the name, telephone number, and physical address of the patient's designated lay caregiver in the patient's medical record.

(2) A patient may elect to change his or her designated lay caregiver in the event that the lay caregiver becomes incapacitated.

(3) Designation of a lay caregiver by a patient or a patient's legal guardian pursuant to the provisions of this act does not obligate any individual to perform any aftercare tasks for the patient.

(4) This section shall not be construed so as to require a patient or a patient's legal guardian to designate any individual as a lay caregiver as defined by this act.

SECTION 3. If a patient has designated a lay caregiver, a hospital shall notify the patient's designated lay caregiver of the patient's discharge to the patient's residence or transfer to another licensed facility as soon as practicable. In the event the hospital is unable to contact the designated lay caregiver, the lack of contact shall not interfere with, delay or otherwise affect the medical care provided to the patient, or an appropriate discharge of the patient.

SECTION 4. As soon as practicable, the hospital shall attempt to consult with the designated lay caregiver to prepare him or her for aftercare and issue a discharge plan describing a patient's aftercare needs. In the event the hospital is unable to contact the designated lay caregiver, the lack of contact shall not interfere with, delay or otherwise affect an appropriate discharge of the patient.

SECTION 5. (1) Nothing in this act shall be construed to interfere with the rights of a person legally authorized to make health care decisions under the Uniform Health Care Decisions Act, Section 41-41-201 et seq., Mississippi Code of 1972.

(2) Nothing in this act shall be construed to create a private right of action against a hospital, hospital employee, a duly authorized agent of the hospital, or otherwise supersede or replace existing rights or remedies under any other general or special law.

SECTION 6. No state or federal funds shall be used for payment to any lay caregiver as defined in this act after discharge from a hospital. No state or federal program funding shall be impacted by this act.

SECTION 7. This act shall take effect and be in force from and after July 1, 2015.