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2016 Regular Session
SENATE BILL NO. 376(Substitute of Senate Bill No. 121 by Senator Colomb)
BY SENATORS COLOMB, ALARIO, BARROW, BISHOP, BOUDREAUX, BROWN,
CARTER, CHABERT, CORTEZ, ERDEY, GATTI, JOHNS, LAFLEUR,
LAMBERT, LONG, LUNEAU, MILLS, MIZELL, MORRELL,
MORRISH, PETERSON, GARY SMITH AND TARVER AND
REPRESENTATIVES HORTON, JAMES, JEFFERSON, JENKINS,
MORENO, REYNOLDS AND SMITH
HEALTH CARE. Creates the Louisiana Family Caregiver Act. (8/1/16)
1 AN ACT
2 To enact Part IX of Subchapter D of Chapter 5-D of Title 40 of the Louisiana Revised
3 Statutes of 1950, to be comprised of R.S. 40:1226.1 through 1226.7, relative to
4 hospital discharge planning; to provide for designation of a family caregiver; to
5 provide for notice and instruction; to provide for exceptions and immunity; to
6 provide for an effective date; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Part IX of Subchapter D of Chapter 5-D of Title 40 of the Louisiana
9 Revised Statutes of 1950, comprised of R.S. 40:1226.1 through 1226.7, is hereby enacted
10 to read as follows:
11 PART IX. LOUISIANA FAMILY CAREGIVER ACT
12 §1226.1. Definitions
13 As used in this Part, the following terms shall have the meanings
14 ascribed to them in this Section unless otherwise provided for or unless the
15 context otherwise indicates:
16 (1) "Hospital" means a facility licensed under the provisions of Part II
17 of Chapter 11 of this Title.
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1 (2) "Aftercare" means any assistance provided by a caregiver to a
2 patient pursuant to this Part after the patient's discharge from a hospital. Such
3 assistance may include tasks that are limited to the patient's condition at the
4 time of discharge and that do not require a licensed professional.
5 (3) "Caregiver" means an individual who meets the following conditions:
6 (a) Is eighteen years of age or older.
7 (b) Provides aftercare to an individual.
8 (c) Is identified by the patient or, if applicable, the legal guardian of the
9 patient as a person who is involved with the health care of the patient pursuant
10 to 45 C.F.R. §164.510(b), as it existed on January 1, 2015.
11 (4) "Discharge" means a patient's release from hospital care to the
12 patient's residence following an inpatient admission.
13 (5) "Patient" means an individual who has been admitted to a hospital
14 for inpatient care and who is eighteen years of age or older.
15 (6) "Residence" means a dwelling that the patient considers to be his
16 home. A residence shall not include any rehabilitation facility, hospital, nursing
17 home, assisted living facility, or group home.
18 §1226.2. Designation of a caregiver
19 A. A hospital shall provide each patient or, if applicable, the patient's
20 legal guardian with at least one opportunity to designate a caregiver following
21 the patient's inpatient admission into a hospital and prior to the patient's
22 discharge.
23 (1) In the event that the patient is unconscious or otherwise incapacitated
24 upon his entry into a hospital, the hospital shall provide such patient or his legal
25 guardian with an opportunity to designate a caregiver following the patient's
26 recovery of his consciousness or capacity.
27 (2) In the event that the patient or the patient's legal guardian designates
28 an individual as a caregiver, the hospital shall record the patient's designation
29 of caregiver and the name, telephone number, and address of the patient's
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1 designated caregiver in the patient's medical record.
2 (3) In the event the original designated caregiver becomes unavailable,
3 unwilling, or unable to care for the patient prior to discharge, a patient may
4 elect to change his designated caregiver, and the hospital must record this
5 change in the patient's medical record.
6 B. The hospital shall be deemed to have complied in full with the
7 provisions of this Part in the event that the patient or, if applicable, the legal
8 guardian of the patient declines to designate a caregiver under this Part.
9 C. A designation of a caregiver by a patient or a patient's legal guardian
10 under this Part does not obligate any individual to perform any aftercare tasks
11 for any patient.
12 D. This Section shall not be construed to require a patient or a patient's
13 legal guardian to designate any individual as a caregiver.
14 §1226.3. Notice to caregiver
15 If a patient has designated a caregiver, a hospital shall make a good faith
16 attempt to notify the patient's designated caregiver of the patient's discharge to
17 the patient's residence as soon as possible prior to the patient's discharge. If the
18 hospital is unable to contact the designated lay caregiver, the lack of contact
19 may not interfere with, delay or otherwise affect the medical care provided to
20 the patient, or an appropriate discharge of the patient.
21 §1226.4. Education and instruction provided to caregiver
22 A. As soon as practicable prior to the patient's discharge, the hospital
23 shall make a reasonable effort to consult with the designated caregiver along
24 with the patient, taking into account the capabilities and limitations of the
25 caregiver, to accomplish the aftercare tasks that may be included in a discharge
26 care plan that describes the patient's aftercare needs at his residence.
27 B. As part of the consultation under Subsection A of this Section, the
28 hospital shall educate and instruct the caregiver concerning the aftercare needs
29 of the patient in a manner that is consistent with current accepted practices and
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1 is based on the learning needs of the caregiver. In addition, the hospital shall
2 also provide an opportunity for the caregiver and patient to ask questions and
3 receive explanations about the aftercare tasks.
4 C. In the event the hospital is unable to contact the designated caregiver,
5 the lack of contact shall not interfere with, delay, or otherwise affect an
6 appropriate discharge of the patient.
7 §1226.5. Noninterference with medical decision making
8 The provisions of this Part shall not allow or otherwise be interpreted or
9 construed to allow a caregiver to make any medical decisions or provide
10 informed consent on behalf of the patient unless the caregiver is otherwise
11 authorized to do so pursuant to law. Nothing in this Part shall be construed to
12 interfere with, supersede, or any other way affect the provisions of Parts I and
13 II of Subchapter A of this Chapter or with the rights of a mandatary of the
14 patient acting pursuant to a mandate.
15 §1226.6. Limitation of liability
16 A. Nothing in this Part shall be construed to create a cause of action
17 against a hospital, hospital employee, a duly authorized agent of the hospital or
18 any consultants or contractors with whom the hospital has a contractual
19 relationship.
20 B. A hospital, a hospital employee, or any consultants or contractors with
21 whom a hospital has a contractual relationship shall not be liable to any person
22 for any injury, death, loss, civil penalty, or damage as a result of any act or
23 omission of a caregiver in rendering assistance or care to a patient or as a result
24 of any act or failure to act or failure to provide care rendered by a caregiver to
25 a patient.
26 §1226.7. Compensation of caregiver
27 A caregiver designated under the provisions of this Part shall not accept
28 compensation in exchange for aftercare provided to the patient. A licensed
29 medical professional may be designated as a caregiver as long as the individual
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1 does not accept compensation for aftercare provided to the patient.
2 Section 2. This Act shall be known and may be cited as the "Louisiana Family
3 Caregiver Act".
4 Section 3. This Act shall become effective on August 1, 2016; if vetoed by the
5 governor and subsequently approved by the legislature, this Act shall become effective on
6 August 1, 2016, or on the day following such approval by the legislature, whichever is later.
The original instrument was prepared by Christine Arbo Peck. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Ann S. Brown.
DIGEST
SB 376 Reengrossed 2016 Regular Session Colomb
Proposed law establishes the Louisiana Family Caregiver Act. Further provides requirements
for hospitals to give a patient the opportunity to identify a caregiver upon discharge
planning. Provides for notice to the designated caregiver and provides for hospital
instructions to the caregiver and patient record documentation.
Proposed law provides for noninterference with existing laws on healthcare directives or any
other legally authorized rights regarding healthcare decisions. Further provides limitation
of liability for hospital, hospital employee, duly authorized agent of the hospital or any
consultants or contractors of the hospital.
Proposed law prohibits the caregiver from receiving compensation.
Effective August 1, 2016.
(Adds R.S. 40:1226.1-1226.7)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Technical corrections.
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