00 CS FOR SENATE BILL NO. 72(HSS) 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 lay caregiver 09 who agrees to provide aftercare for the patient in the patient's home after discharge. 10 Sec. 18.20.510. Planning, instruction, and training. (a) A hospital shall give 11 the patient and the patient's designated lay 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 lay caregiver with instruction and training as necessary for the designated 01 lay 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 lay 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 lay caregiver and the details of the 08 discharge plan for the patient. 09 (c) The discharge policies of a hospital may incorporate established evidence- 10 based practices that include 11 (1) standards for accreditation adopted by a nationally recognized 12 hospital accreditation organization; or 13 (2) the conditions of participation for hospitals adopted by the Centers 14 for Medicare and Medicaid Services. 15 (d) The discharge policies of a hospital must ensure that the discharge 16 planning is appropriate to the condition of the patient, and the hospital shall interpret 17 the discharge policies in a manner and as necessary to meet the needs and condition of 18 the patient and the abilities of the patient's designated lay caregiver. 19 (e) AS 18.20.500 - 18.20.590 do not require that a hospital adopt discharge 20 policies that would 21 (1) delay a patient's discharge or transfer to another facility; or 22 (2) require the disclosure of protected health information without 23 obtaining a patient's consent as required by state and federal laws governing health 24 information privacy and security. 25 Sec. 18.20.540. Construction of provisions. The provisions of AS 18.20.500 - 26 18.20.590 may not be construed to 27 (1) create a right of action against a hospital, a hospital employee, or a 28 contractor of the hospital, including an instruction contractor, based on an action 29 performed or not performed under AS 18.20.500 - 18.20.590; or 30 (2) replace, change, or otherwise affect rights or remedies that are 31 provided under another provision of law, including common law. 01 Sec. 18.20.550. Coordination with other authority. AS 18.20.500 - 02 18.20.590 may not be interpreted to interfere with the powers or duties of 03 (1) an agent operating under a valid advance health care directive 04 under AS 13.52; or 05 (2) a legal guardian of the individual. 06 Sec. 18.20.590. Definitions. In AS 18.20.500 - 18.20.590, 07 (1) "aftercare" includes 08 (A) assistance with the activities of daily living or activities 09 that are instrumental to the activities of daily living; 10 (B) wound care, medication administration, medical equipment 11 operation, mobility assistance, and other medical or nursing tasks; and 12 (C) other assistance related to the patient's condition at the time 13 of discharge; 14 (2) "designated lay caregiver" means a lay caregiver designated by the 15 patient who agrees to provide aftercare to the patient; 16 (3) "discharge" means a patient's release from a hospital following the 17 patient's admission to the hospital; 18 (4) "hospital" has the meaning given in AS 18.20.130, but does not 19 include a hospital that is limited to the treatment of mental disorders; 20 (5) "lay caregiver" means an individual who provides aftercare to a 21 patient in the patient's home after the patient's discharge. 22  * Sec. 2. This Act takes effect January 1, 2017.