Bill Text: IA SF210 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act providing for the designation of a lay caregiver relating to a patient's inpatient stay at a hospital. (Formerly SF 84.) Effective 7-1-19.
Spectrum: Committee Bill
Status: (Passed) 2019-04-09 - Signed by Governor. S.J. 927. [SF210 Detail]
Download: Iowa-2019-SF210-Enrolled.html
Senate
File
210
-
Enrolled
Senate
File
210
AN
ACT
PROVIDING
FOR
THE
DESIGNATION
OF
A
LAY
CAREGIVER
RELATING
TO
A
PATIENT’S
INPATIENT
STAY
AT
A
HOSPITAL.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
144F.1
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“Aftercare
assistance”
means
any
assistance
provided
by
a
lay
caregiver
to
a
patient
following
discharge
of
the
patient
that
are
tasks
directly
related
to
the
patient’s
condition
at
the
time
of
discharge,
do
not
require
a
licensed
professional,
and
are
determined
to
be
appropriate
by
the
patient’s
discharging
physician
or
other
licensed
health
care
professional.
2.
“Discharge”
means
the
exit
or
release
of
a
patient
from
inpatient
care
in
a
hospital
to
the
residence
of
the
patient.
3.
“Facility”
means
a
health
care
facility
as
defined
in
section
135C.1,
an
elder
group
home
as
defined
in
section
231B.1,
or
an
assisted
living
program
as
defined
in
section
231C.2.
4.
“Hospital”
means
a
licensed
hospital
as
defined
in
section
135B.1.
5.
“Lay
caregiver”
means
an
individual,
eighteen
years
of
age
or
older,
who
is
designated
as
a
lay
caregiver
under
this
chapter
by
a
patient
or
the
patient’s
legal
representative,
and
who
is
willing
and
able
to
perform
aftercare
assistance
for
the
Senate
File
210,
p.
2
patient
at
the
patient’s
residence
following
discharge.
6.
“Legal
representative”
means,
in
order
of
priority,
an
attorney
in
fact
under
a
durable
power
of
attorney
for
health
care
pursuant
to
chapter
144B
or,
if
no
durable
power
of
attorney
for
health
care
has
been
executed
pursuant
to
chapter
144B
or
if
the
attorney
in
fact
is
unavailable,
a
legal
guardian
appointed
pursuant
to
chapter
633.
7.
“Patient”
means
an
individual
who
is
receiving
or
who
has
received
inpatient
medical
care
in
a
hospital.
8.
“Residence”
means
the
dwelling
that
a
patient
considers
to
be
the
patient’s
home.
“Residence”
does
not
include
any
rehabilitation
facility,
hospital,
or
facility.
Sec.
2.
NEW
SECTION
.
144F.2
Discharge
policies
——
opportunity
to
designate
lay
caregiver.
1.
a.
A
hospital
shall
adopt
and
maintain
evidence-based
discharge
policies
and
procedures.
At
a
minimum,
the
policies
and
procedures
shall
provide
for
an
assessment
of
the
patient’s
ability
for
self-care
after
discharge
and,
as
part
of
the
assessment,
shall
provide
a
patient,
or
if
applicable
the
patient’s
legal
representative,
with
an
opportunity
to
designate
one
lay
caregiver
prior
to
discharge
of
the
patient.
b.
A
legal
representative
who
is
an
agent
under
a
durable
power
of
attorney
for
health
care
pursuant
to
chapter
144B
shall
be
given
the
opportunity
to
designate
a
lay
caregiver
in
lieu
of
the
patient’s
designation
of
a
lay
caregiver
only
if,
consistent
with
chapter
144B,
in
the
judgment
of
the
attending
physician,
the
patient
is
unable
to
make
the
health
care
decision.
A
legal
representative
who
is
a
guardian
shall
be
given
the
opportunity
to
designate
a
lay
caregiver
in
lieu
of
the
patient’s
designation
of
a
lay
caregiver
to
the
extent
consistent
with
the
powers
and
duties
granted
the
guardian
pursuant
to
section
633.635.
2.
If
a
patient
or
the
patient’s
legal
representative
declines
to
designate
a
lay
caregiver,
the
hospital
shall
document
the
declination
in
the
patient’s
medical
record
and
the
hospital
shall
be
deemed
to
be
in
compliance
with
this
section.
3.
If
a
patient
or
the
patient’s
legal
representative
designates
a
lay
caregiver,
the
hospital
shall
do
all
of
the
Senate
File
210,
p.
3
following:
a.
Record
in
the
patient’s
medical
record
the
designation
of
the
lay
caregiver,
in
accordance
with
the
hospital’s
policies
and
procedures,
which
may
include
information
such
as
the
relationship
of
the
lay
caregiver
to
the
patient,
and
the
name,
telephone
number,
and
address
of
the
lay
caregiver.
b.
(1)
Request
written
consent
from
the
patient
or
the
patient’s
legal
representative
to
release
medical
information
to
the
lay
caregiver
in
accordance
with
the
hospital’s
established
procedures
for
releasing
a
patient’s
personal
health
information
and
in
compliance
with
all
applicable
state
and
federal
laws.
(2)
If
a
patient
or
the
patient’s
legal
representative
declines
to
consent
to
the
release
of
medical
information
to
the
lay
caregiver,
the
hospital
is
not
required
to
provide
notice
to
the
lay
caregiver
under
section
144F.3
or
to
consult
with
or
provide
information
contained
in
the
patient’s
discharge
plan
to
the
lay
caregiver
under
section
144F.4.
4.
A
patient
or
the
patient’s
legal
representative
may
change
the
designation
of
a
lay
caregiver
if
the
lay
caregiver
becomes
incapacitated.
5.
The
designation
of
an
individual
as
a
lay
caregiver
under
this
section
does
not
obligate
the
individual
to
perform
any
aftercare
assistance
for
the
patient.
6.
This
section
shall
not
be
construed
to
require
a
patient
or
the
patient’s
legal
representative
to
designate
a
lay
caregiver.
Sec.
3.
NEW
SECTION
.
144F.3
Notification
of
lay
caregiver
of
discharge.
If
a
lay
caregiver
is
designated
under
section
144F.2,
the
hospital
shall,
in
accordance
with
the
hospital’s
established
policies
and
procedures,
attempt
to
notify
the
lay
caregiver
of
the
discharge
of
the
patient
as
soon
as
practicable.
Sec.
4.
NEW
SECTION
.
144F.4
Aftercare
assistance
instructions
to
lay
caregiver.
1.
If
a
lay
caregiver
is
designated
under
section
144F.2,
as
soon
as
practicable
prior
to
discharge
of
a
patient,
a
hospital
shall
attempt
to
do
all
of
the
following:
a.
Consult
with
the
patient’s
lay
caregiver
to
prepare
the
Senate
File
210,
p.
4
lay
caregiver
for
the
aftercare
assistance
the
lay
caregiver
may
provide.
b.
Issue
a
discharge
plan
that
describes
the
aftercare
assistance
needs
of
the
patient
and
offer
to
provide
the
lay
caregiver
with
instructions
for
the
aftercare
assistance
tasks
described
in
the
discharge
plan
and
the
opportunity
for
the
lay
caregiver
to
ask
questions
regarding
such
tasks.
2.
The
inability
of
a
hospital
to
consult
with
a
patient’s
lay
caregiver
shall
not
interfere
with,
delay,
or
otherwise
affect
the
medical
care
provided
to
the
patient
or
the
patient’s
discharge.
Sec.
5.
NEW
SECTION
.
144F.5
Hospital
discharge
process
——
evidence-based
practices.
A
hospital’s
discharge
process
may
incorporate
established
evidence-based
practices,
including
but
not
limited
to
any
of
the
following:
1.
The
standards
for
accreditation
adopted
by
the
joint
commission
on
the
accreditation
of
health
care
organizations
or
any
other
nationally
recognized
hospital
accreditation
organization.
2.
The
conditions
of
participation
for
hospitals
adopted
by
the
centers
for
Medicare
and
Medicaid
services
of
the
United
States
department
of
health
and
human
services.
Sec.
6.
NEW
SECTION
.
144F.6
Construction
of
chapter
relative
to
other
health
care
directives.
Nothing
in
this
chapter
shall
be
construed
to
interfere
with
the
authority
or
responsibilities
of
an
agent
operating
under
a
valid
durable
power
of
attorney
for
health
care
pursuant
to
chapter
144B
or
of
the
powers
and
duties
granted
to
a
guardian
pursuant
to
section
633.635.
Sec.
7.
NEW
SECTION
.
144F.7
Limitations.
1.
Nothing
in
this
chapter
shall
be
construed
to
create
a
private
right
of
action
against
a
hospital,
a
hospital
employee,
or
any
consultant
or
contractor
with
whom
a
hospital
has
a
contractual
relationship,
or
to
limit
or
otherwise
supersede
or
replace
existing
rights
or
remedies
under
any
other
provision
of
law.
2.
Nothing
in
this
chapter
shall
delay
the
appropriate
discharge
or
transfer
of
a
patient.
Senate
File
210,
p.
5
3.
Nothing
in
this
chapter
shall
be
construed
to
interfere
with
or
supersede
a
health
care
provider’s
instructions
regarding
a
Medicare-certified
home
health
agency
or
any
other
post-acute
care
provider.
4.
Nothing
in
this
chapter
shall
be
construed
to
grant
decision-making
authority
to
a
lay
caregiver
to
determine
the
type
of
provider
or
provider
of
the
patient’s
post-hospital
care
as
specified
in
the
patient’s
discharge
plan.
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
______________________________
LINDA
UPMEYER
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
210,
Eighty-eighth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2019
______________________________
KIM
REYNOLDS
Governor
