SB 72-DESIGNATED CAREGIVERS FOR PATIENTS  2:15:58 PM CHAIR STEDMAN announced the consideration of SB 72. SENATOR CATHY GIESSEL, Alaska State Legislature, sponsor of SB 72. She read from the sponsor statement: SB 72 seeks to improve post-discharge health outcomes by improving coordination with designated caregivers, providing training to them on discharge tasks, reducing preventable and costly hospital readmissions and enabling older Alaskans to stay in their own homes longer. At any given time, around 88,000 Alaskans are providing some type of caregiving services and supports to a loved one, friend or neighbor. Caregivers are increasingly being asked to perform complex nursing and medical tasks - such as dispensing numerous medications, administering injections and providing wound care - often with inadequate skill training. Caregivers are a critical link in the transitional care for frail adults and those with disabilities; with few exceptions, caregivers are responsible for providing and coordinating much of the care received at home following discharge. Untrained and unsupported caregiving jeopardizes the patient's recovery, as well as often puts the caregiver at risk for their own injury and burnout, frequent symptoms of those caring for others. SB 72 contains three important provisions: The name of a caregiver is recorded when a loved one is admitted into a hospital facility, if the patient so desires to name a caregiver. The designated caregiver is notified of the patient's discharge home or transfer to another facility as soon as practicable The hospital must attempt to consult with the designated caregiver about the discharge plan describing the patient's aftercare needs and offer training to the caregiver for aftercare tasks. The value of family caregiving in Alaska is valued at over a billion dollars a year….money that would otherwise likely have to come from the state coffers for paid caregiving in the home or in a facility. Unsupported caregivers are more likely to experience burnout, develop their own health problems, or see their loved one moved into a facility for more expensive care. Most of all, SB 72 will help people continue to live independently at home, and will support the family caregivers who make this possible. 2:18:48 PM JANE CONWAY, Staff, Senator Cathy Giessel, Alaska State Legislature, explained the sectional analysis of SB 72 on behalf of the sponsor. She read from the sectional: Sec. 1: Amends 18.20 by adding a new section: Article 5: Caregivers of Hospital Patients after Discharge Sec. 18.20.500 Naming a caregiver. Gives a patient the opportunity to name a caregiver to provide aftercare following discharge and outlines the details of that process. Section 18.20.510 Release of medical information. This section provides hospital to ask for patient consent to release the patient's medical info to the caregiver. (b) allows for the patient to prohibit the release of the medical records, thereby releasing the hospital from its obligation to notify or inform a caregiver. Section 18.20.520 Notice to named caregiver. Requires the hospital to notify the named caregiver of the planned discharge date and time or of a transfer to another facility as soon as it can. Section 18.20.530 Caregiver not obligated. This section says that if a person is named by the patient as the caregiver, that person has the right to refuse the designation. Section 18.20.540 Discharge plan. Requires the hospital to prepare a discharge plan for the patient and assesses the named caregiver's skills to provide the prescribed aftercare to the patient. It outlines what needs to be included in the discharge plan and provides a hospital contact or hospital contractor contact who can answer questions the caregiver might have. Section 18.20.550 Caregiver instruction. Requires a hospital or hospital contractor to instruct a named caregiver on the tasks outlined in discharge plan for aftercare. The section outlines the various means by which this can be done and that the instruction must be culturally sensitive and comply with federal law. It requires that the training be done before the discharge if possible, unless that would delay the discharge; in that event the training can take place as soon as possible after the patient's discharge. Section 18.20.560 Recording obligations. This section outlines what must be recorded in the patient's medical record. Section 18.20.565 No delay of discharge or transfer. This section states that the required caregiver instruction cannot delay a patient's discharge or transfer to another facility. Section 18.20.570 Construction of provisions. States that the provisions of this bill do not create a liability for the hospital, a hospital contractor or employee for their performance or non-performance of tasks. Section 18.20.580 Coordination with other authority. The provisions in this bill do not override the duties of an agent under an advance health care directive or the powers or duties of a legal guardian. Section 18.20.585 Regulations. Gives the Department of Health and Social Services the authority to write regulations to carry out the provisions of this bill. Section 18.20.590 Definitions. Provides 10 definitions of terms used in the bill. Sec. 2 Adds a new section that gives the Department of Health and Social Services the authority to adopt regulations necessary to implement the provisions of the bill and that the regulations will take effect on January 1, 2016. Sec. 3 Allows the Department to begin the regulation process immediately Sec. 4 Provisions of the bill are effective on January 1, 2016. 2:23:16 PM CHAIR STEDMAN opened public testimony. 2:23:48 PM ANN LOVEJOY, Mountain Pacific Improvement (MPI), testified in support of SB 72. She related that MPI is a quality improvement organization for Alaska and is under contract with the Centers for Medicare and Medicaid. She listed the reasons MPI supports the bill - it is beneficial for people and for the health industry. It benefits people who are discharged from the hospital without clear roles and responsibilities for who will deliver their aftercare. She said one of the drivers for high readmission rates and for very poor health outcomes is that individuals do not receive the necessary aftercare. Secondly, readmission is a very important issue because the industry is receiving negative payment adjustments, or penalties, for excessively high rates of readmissions. If a hospital took the extra time to educate the caregiver, the readmissions rates would go down. Another benefit to the industry is that their accreditation would be assured. The bill does not mandate what the caregiver education says, it just says the education must be done. 2:27:10 PM DEBBY RETHERFORD, representing herself, testified in support of SB 72. She said she has personal experience with being a caregiver of a senior relative. She stressed how important this bill is because it requires the hospital to provide the caregiver with instructions. 2:30:29 PM VICTORIA MARTIN, representing herself, testified in support of SB 72. She shared a personal experience as a caregiver who was given no instructions after a patient was discharged. She said it was important for the hospital to provide the information for a discharge plan. She said she does not want to see another person go through what she had to. 2:33:38 PM TERRY SNYDER, State President, AARP, testified in support of SB 72. She suggested that everyone will be a caregiver at some time during their lives. She shared that 65 percent of older persons with long-term care needs will need to be cared for by family and friends, the majority of whom are women. She said it is essential that the caregiver and the patient are given instructions for a discharge plan with successful outcomes. The state must develop methods for Alaskans to be caregivers at home and avoid costly readmissions. The bill will benefit Alaskans of all ages and will save money. 2:36:48 PM ED ZASTROW, representing himself, testified in support of SB 72. He shared a personal story of his experience with a hospital discharge in Ketchikan. He said the discharge program in Ketchikan is similar to the plan in SB 72. He said his wife, his caregiver, was schooled in how to care for him and they were assisted in how to prepare home accommodations. However, others did not receive the same discharge information and became confused. He opined the bill would address that situation. 2:39:17 PM KEN HELANDER, Advocacy Director, AARP Alaska, testified in support of SB 72. He stated that the bill is about caregivers. He said at any given moment there are about 88,000 family caregivers in Alaska. Over a course of a year, about 128,000 people serve in that role to some degree. This represents over a billion dollars in care that otherwise would have likely been borne by the state. He referred to an article in the Fairbanks Daily News Minor that covered the annual cost of care report from Genworth Financial, which tracks the costs of long-term care across the country. In the U.S, one year in a nursing home is equal to three years' tuition at a private college. Alaska has the highest average cost of nursing home care in the nation - $281,415 a year. The degree to which we can support family caregivers, saves families and the state money. He described a survey by AARP of 800 Alaskans from age 45 and over to hear about their experiences in caregiving. Among the findings, 56 percent identified themselves as being a current or former caregiver; 50 percent said it was likely they would provide care for a friend or family member. The average Alaska caregiver is over 55 and female, who works full or part time, in addition to caregiving for someone over the age of 73. They all face challenges; emotional and financial stress, balancing jobs and caregiving, finding enough rest, difficulty managing medications and medical tasks. There is a need for support for patients living at home, for respite for caregivers, and resources and training for caregivers. Most indicated that there was no instruction after a hospital discharge. They agreed that hospitals should keep families informed of major decisions and the discharge and keep records. He pointed out that discharged plans are required, but are complex and not clear. Hospitals are aware of the need to improve the transition from hospital to home and some are working hard to do so. He concluded that the bill provides the incentive for all hospitals to do so. 2:45:25 PM DENISE DANIELLO, Executive Director, Alaska Commission on Aging, testified in support of SB 72. She stated that it is a very important bill and it contains many important provisions, such as instruction and training. The senior population is growing and will need to rely increasingly more on their family caregivers. 2:47:25 PM BECKY HULTBERG, CEO, Alaska State Hospital and Nursing Home Association, testified in opposition to SB 72. She said she is willing to work with the sponsor on the bill. She said she is very concerned about successful transitions from hospital to home. This work is happening well in some places. The bill does not address a lack of caregivers, nor many of the problems of those with chronic diseases. She listed problems with the bill. Setting this in statute does not provide for changes in process, medicine, and technology. There is a great deal of variety in hospitals across Alaska. Imposing the same standards on all- sized hospitals will not work. This bill is setting a fourth level of administrative regulation on a nursing process. The focus should be on patient care and quality, not on resources for keeping records. 2:51:36 PM She voiced specific concerns. The hospital is expected to contact and follow up with a caregiver, which is a huge requirement of nurses. It requires hospitals to assess the caregiver's ability to provide aftercare, which could be very challenging for hospitals. There is no explanation of what a hospital's obligation is when the caregiver is incapable. There are concerns about how hospitals will provide instruction "as soon as possible" and a problem with aftercare follow up. It is a problem that hospitals are required to document and instruct caregivers, but caregivers have no accountability to accept that instruction. Language is unclear about who provides the instruction and records information. She pointed out that the electronic health network said it could cost about $100,000 to capture this information. 2:54:29 PM She said the concepts in the bill have been identified by AARP as a priority. She suggested looking at other states to identify how to support the intent of the bill. 2:55:16 PM SENATOR STOLTZE asked what the nurses' organizations think. MS. HULTBERG explained they have only received feedback from their own association's administrative nurses, but not from nurses' associations. 2:56:20 PM CHAIR STEDMAN held SB 72 in committee.