DESIGNATED CAREGIVER ACT                                                                S.B. 352 (S-3):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

Senate Bill 352 (Substitute S-3 as reported)

Sponsor:  Senator Margaret E. O'Brien

Committee:  Health Policy

CONTENT

The bill would create the "Designated Caregiver Act" to do the following:

-- Require a hospital to give each patient the opportunity to designate a lay caregiver to provide after-care assistance upon the patient's discharge from the hospital to his or her residence.

-- Require a hospital, before a patient was discharged, to attempt to consult with a designated caregiver to prepare the caregiver for the patient's after-care assistance needs, and issue a discharge plan describing those needs.

-- Require the hospital, as part of the consultation, to attempt to give the caregiver the opportunity to ask questions and receive answers about the patient's after-care assistance needs.

-- Provide that a caregiver designation would not obligate the designated individual to provide after-care assistance to a patient.

-- Provide that a hospital, hospital employee, or hospital consultant or contractor could not be held liable for the services rendered or not rendered by the caregiver to the patient at the patient's residence.

"Caregiver", "designated caregiver", or "lay caregiver" would mean an individual at least 18 years old who provides after-care assistance to a patient in the patient's residence, voluntarily and without compensation. The term would include a relative, spouse, partner, friend, or neighbor who has a significant relationship with the patient.

"After-care assistance" would mean any assistance provided by a caregiver to a patient following the patient's discharge from a hospital that is related to the patient's condition at the time of discharge. Such assistance would include assisting with basic and instrumental activities of daily living and other medical or nursing tasks.

The bill would take effect 90 days after it was enacted.

                                                                                 Legislative Analyst:  Julie Cassidy

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  12-3-15                                                 Fiscal Analyst:  Ellyn Ackerman

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.