Maine LD 666: An Act To Allow a Patient To Designate a Caregiver in the Patient’s Medical Record

LD 666 (subjects: HEALTH CARE SERVICES , DELIVERY )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=666&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support


Sponsors

Principal Sponsor: Rep. Andrew Gattine of Westbrook: (D – District 34) — e-mail | Twitter | Facebook

3 Cosponsors:

Actions

Chamber

Action
3/3/2015 House Committee on Health and Human Services suggested and ordered printed.
The Bill was REFERRED to the Committee on HEALTH AND HUMAN SERVICES.
Sent for concurrence. ORDERED SENT FORTHWITH.
3/5/2015 Senate On motion by Senator Brakey of Androscoggin, REFERRED to the Committee on Health and Human Services, in concurrence.
6/16/2015 House Reports READ.
On motion of Representative GATTINE of Westbrook, the Majority Ought to Pass as Amended Report was ACCEPTED.
The Bill was READ ONCE.
Committee Amendment “A” (H-432) was READ and ADOPTED.
Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (H-432).
Sent for concurrence. ORDERED SENT FORTHWITH.
6/17/2015 Senate Reports READ
On motion by Senator BRAKEY of Androscoggin the Majority Ought to Pass As Amended Report ACCEPTED , in concurrence.
READ ONCE
Committee Amendment “A” (H-432) READ and ADOPTED , in concurrence.

Under suspension of the Rules, READ A SECOND TIME PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (H-432) , in concurrence.
Ordered sent down forthwith for concurrence.
6/18/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/18/2015 Senate PASSED TO BE ENACTED, in concurrence.
6/30/2015 House This Bill, having been returned by the Governor, together with objections to the same pursuant to Article IV, Part Third, Section 2 of the Constitution of the State of Maine, after reconsideration, the House proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?”
ROLL CALL NO. 456V
132 having voted in the affirmative and 0 in the negative, with 19 being absent, and accordingly it was the vote of the House that the Bill become a law notwithstanding the objections of the Governor, since two-thirds of the members of the House so voted.
Sent for concurrence. ORDERED SENT FORTHWITH.
7/16/2015 Senate LD 666 In Senate, July 16, 2015, this Bill, having been returned by the Governor, together with objections to the same pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?” 34 IN FAVOR and 0 AGAINST, accordingly it was the vote of the Senate that the Bill become law and the VETO was OVERRIDDEN.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 666 as originally introduced. L.D. 666 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-A (H-432) .

An Act To Allow a Patient To Designate a Caregiver in the Patient’s Medical Record

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA 1711-B, sub- 3, C, as amended by PL 1997, c. 793, Pt. A, 5 and affected by 10, is further amended to read:

C. The designee of a durable health care power of attorney executed by the person who is the subject of the record, at such time as the power of attorney is in effect; or

Sec. 2. 22 MRSA 1711-B, sub- 3, D, as enacted by PL 1997, c. 793, Pt. A, 6 and affected by 10, is amended to read:

D. The agent, guardian or surrogate pursuant to the Uniform Health-care Decisions Act . ; or

Sec. 3. 22 MRSA 1711-B, sub- 3, E is enacted to read:

E. The caregiver designated pursuant to section 1711-G by the person who is the subject of the record.

Sec. 4. 22 MRSA 1711-C, sub- 6, R and S, as enacted by PL 1999, c. 512, Pt. A, 5 and affected by 7 and c. 790, Pt. A, 58 and 60, are amended to read:

R. To a member of the media who asks a health care facility about an individual by name, of brief confirmation of general health status unless expressly prohibited by the individual or a person acting pursuant to subsection 3-B; and
S. To a member of the public who asks a health care facility about an individual by name, of the room number of the individual and brief confirmation of general health status unless expressly prohibited by the individual or a person acting pursuant to subsection 3-B . ; and

Sec. 5. 22 MRSA 1711-C, sub- 6, T is enacted to read:

T. To a caregiver designated by an individual pursuant to section 1711-G.

Sec. 6. 22 MRSA 1711-G is enacted to read:

1711-G. Designated caregivers

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings.

A. “Aftercare” means any assistance provided by a caregiver designated pursuant to subsection 2 to a patient after the patient’s discharge from a hospital, including assistance with basic or instrumental activities of daily living, performance of medical and nursing tasks, assistance in administering medication and operation of medical equipment.
B. “Discharge” means a patient’s exit or release from a hospital to the patient’s residence following any medical care, treatment or observation.
C. “Entry” means a patient’s entrance into a hospital for the purpose of medical care, treatment or observation.
D. “Residence” means a dwelling that the patient considers to be the patient’s home. “Residence” does not include a rehabilitation facility, hospital, nursing home, assisted living facility, group home or any other health care facility licensed by the State.

2. Designation of caregiver. A hospital licensed under chapter 405 shall provide a patient or patient’s legal guardian with at least one opportunity to designate a caregiver no later than 24 hours following the patient’s entry into the hospital and prior to the patient’s discharge or transfer to another facility. If the patient is unconscious or otherwise incapacitated upon entry into the hospital, the hospital shall provide the patient or patient’s legal guardian with an opportunity to designate a caregiver within 24 hours following the patient’s recovery of consciousness or capacity. The hospital shall promptly document the designation of the caregiver in the patient’s medical record, including the caregiver’s name, relationship to the patient, telephone number, address and any other contact information. If the patient or patient’s legal guardian declines to designate a caregiver, the hospital shall promptly document in the patient’s medical record that the patient or patient’s legal guardian declined to designate a caregiver. A designation of a caregiver under this subsection does not obligate the person designated as caregiver to perform any aftercare tasks for a patient. The designation of a caregiver under this subsection is optional for a patient or patient’s legal guardian, and a patient or patient’s legal guardian may change or remove a designated caregiver at any time, which must be recorded in the patient’s medical record by the hospital within 24 hours of notification of the change or removal.
3. Written consent. If a caregiver is designated under subsection 2, the hospital shall promptly request that the patient or patient’s legal guardian provide written consent to release medical information to the patient’s designated caregiver, which must be provided pursuant to the hospital’s established procedures for releasing personal health information and in compliance with state and federal law.
4. Notice to designated caregiver. If written consent is received under subsection 3, a hospital shall notify the designated caregiver under subsection 2 of the patient’s discharge or transfer to another facility licensed under chapter 405 as soon as possible and no later than 4 hours before the patient’s actual discharge or transfer.
5. Discharge plan. If written consent is received under subsection 3, as soon as possible and no later than 24 hours before a patient’s discharge from a hospital, the hospital shall consult with the patient’s designated caregiver under subsection 2 regarding the caregiver’s capabilities and limitations and issue a discharge plan that describes the patient’s aftercare needs at the patient’s residence. The discharge plan must include:

A. The name and contact information of the caregiver;
B. A description of all aftercare tasks necessary to maintain the patient’s ability to remain at the patient’s residence; and
C. Contact information for any health care services, community resources and long-term services and support necessary to successfully implement the discharge plan.

6. Instruction to designated caregiver. If written consent is received under subsection 3, the hospital issuing a discharge plan under subsection 5 shall provide the designated caregiver with instruction in all aftercare tasks described in the discharge plan. Any instruction given under this subsection must be documented in the patient’s medical record, including the contents of the instruction and the date and time at which the instruction was given. Instruction to a caregiver under this subsection must include:

A. A live demonstration by a hospital employee authorized to perform an aftercare task of the aftercare tasks described in the discharge plan. A demonstration under this paragraph must be performed in a culturally competent manner and in accordance with the hospital’s requirement to provide language access services under state and federal law;
B. An opportunity for the caregiver to ask questions about the discharge plan; and
C. Answers to the caregiver’s questions provided in a culturally competent manner and in accordance with the hospital’s requirement to provide language access services under state and federal law.

7. Noninterference with health care directives. The provisions of this section may not be construed to interfere with the rights of an agent of a patient operating under a valid health care directive under Title 18-A, Article 5, Part 8.
8. Rules. The department may adopt rules to carry out the purposes of this section, including defining the content and scope of any instruction given under subsection 5 or 6. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

SUMMARY

This bill allows a patient admitted to a hospital to designate a caregiver, who may provide aftercare for the patient and whose identifying information must be entered into the patient’s medical records at the hospital. If the patient or patient’s legal guardian provides written consent to release medical information to the designated caregiver, the hospital is required to notify the caregiver prior to the patient’s being discharged or transferred, consult with the caregiver as to the patient’s discharge plan and provide the caregiver any necessary instruction in providing aftercare to the patient if the patient is discharged to the patient’s residence.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 666 was last updated on 2016-05-12.
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