CSSB 72(L&C): "An Act relating to the discharge of patients from hospitals and to caregivers of patients after discharge from a hospital; and providing for an effective date."
00 CS FOR SENATE BILL NO. 72(L&C) 01 "An Act relating to the discharge of patients from hospitals and to caregivers of patients 02 after discharge from a hospital; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.20 is amended by adding new sections to read: 05 Article 5. Discharge of Hospital Patients. 06 Sec. 18.20.500. Aftercare assessment and designation of caregiver. Before 07 discharging a patient, a hospital shall assess the patient's ability for self-care after 08 discharge and provide the patient with the opportunity to designate a caregiver who 09 agrees to provide aftercare for the patient in a private residence after discharge. 10 Sec. 18.20.510. Planning, instruction, and training. (a) A hospital shall give 11 the patient and the patient's designated caregiver the opportunity to participate in 12 planning for the patient's discharge from the hospital. 13 (b) Before discharge, a hospital shall provide a patient and the patient's 14 designated caregiver with instruction and training as necessary for the designated
01 caregiver to perform medical and nursing aftercare following discharge. 02 Sec. 18.20.520. Notification of discharge. A hospital shall notify a patient's 03 designated caregiver of the patient's discharge or transfer. 04 Sec. 18.20.530. Discharge policies. (a) A hospital shall adopt and maintain 05 written discharge policies. The policies must comply with AS 18.20.500 - 18.20.590. 06 (b) The discharge policies of a hospital must specify the requirements for 07 documenting the identity of a patient's designated caregiver and the details of the 08 discharge plan for the patient, including professional follow-up as specified in the 09 discharge plan. 10 (c) The discharge policies of a hospital may incorporate established evidence- 11 based practices that include 12 (1) standards for accreditation adopted by a nationally recognized 13 hospital accreditation organization; or 14 (2) the conditions of participation for hospitals adopted by the Centers 15 for Medicare and Medicaid Services. 16 (d) The discharge policies of a hospital must ensure that the discharge 17 planning is appropriate to the condition of the patient, and the hospital shall interpret 18 the discharge policies in a manner and as necessary to meet the needs and condition of 19 the patient and the abilities of the patient's designated caregiver. 20 (e) AS 18.20.500 - 18.20.590 do not require that a hospital adopt discharge 21 policies that would 22 (1) delay a patient's discharge or transfer to another facility; or 23 (2) require the disclosure of protected health information without 24 obtaining a patient's consent as required by state and federal laws governing health 25 information privacy and security. 26 Sec. 18.20.540. Construction of provisions. The provisions of AS 18.20.500 - 27 18.20.590 may not be construed to 28 (1) create a right of action against a hospital, a hospital employee, or a 29 contractor of the hospital, including a person who contracts with the hospital to 30 provide instruction to a designated caregiver, based on an action performed or not 31 performed under AS 18.20.500 - 18.20.590; or
01 (2) replace, change, or otherwise affect rights or remedies that are 02 provided under another provision of law, including common law. 03 Sec. 18.20.550. Coordination with other authority. AS 18.20.500 - 04 18.20.590 may not be interpreted to interfere with the powers or duties of 05 (1) an agent operating under a valid advance health care directive 06 under AS 13.52; or 07 (2) a legal guardian of the patient. 08 Sec. 18.20.590. Definitions. In AS 18.20.500 - 18.20.590, 09 (1) "aftercare" includes 10 (A) assistance with the activities of daily living or activities 11 that are instrumental to the activities of daily living; 12 (B) wound care, medication administration, medical equipment 13 operation, mobility assistance, and other medical or nursing tasks; and 14 (C) other assistance related to the patient's condition at the time 15 of discharge; 16 (2) "designated caregiver" means a caregiver designated by the patient 17 who agrees to provide aftercare to the patient in a private residence; 18 (3) "discharge" means a patient's release from a hospital following the 19 patient's admission to the hospital; 20 (4) "hospital" has the meaning given in AS 18.20.130, but does not 21 include a hospital that is limited to the treatment of mental disorders; 22 (5) "private residence" does not include a rehabilitative facility, a 23 hospital, a nursing home, an assisted living facility, a group home, or another licensed 24 health care facility. 25 * Sec. 2. This Act takes effect January 1, 2017.