Florida Senate - 2021 SB 1878 By Senator Powell 30-01741A-21 20211878__ 1 A bill to be entitled 2 An act relating to designated caregivers; creating s. 3 395.1013, F.S.; defining terms; requiring certain 4 facilities to provide patients admitted for inpatient 5 treatment or their legal representatives with an 6 opportunity to designate a caregiver for the patient’s 7 aftercare within a specified timeframe; providing that 8 facilities are not responsible for facilitating or 9 providing recommendations for designated caregivers; 10 providing requirements for the designation; 11 authorizing patients or their legal representatives to 12 change their designations within a specified 13 timeframe; requiring facilities to document certain 14 caregiver designation information in the patient’s 15 records; providing that a designation does not require 16 the person designated to be the patient’s caregiver; 17 requiring facilities to inform designated caregivers 18 of this information; requiring facilities to document 19 and notify the patient or the patient’s legal 20 representative of a designated caregiver’s refusal to 21 serve as the patient’s caregiver; requiring facilities 22 to notify a patient’s designated caregiver of the 23 patient’s discharge or transfer from the facility 24 within a specified timeframe; providing that a 25 facility’s inability to reach a patient’s caregiver 26 may not interfere with, delay, or otherwise affect the 27 patient’s care, discharge, or transfer; requiring 28 facilities to document all attempts made to contact 29 the patient’s caregiver in such instances; requiring 30 facilities that are able to reach a patient’s 31 designated caregiver to provide the designated 32 caregiver with certain information and instructions 33 and the opportunity to ask questions about the 34 patient’s aftercare; providing that facilities are not 35 required to determine the ability of designated 36 caregivers to understand or perform aftercare for 37 patients; providing facilities, facility employees, 38 and persons under contract with a facility immunity 39 from liability in administrative, civil, and criminal 40 actions for certain acts or omissions of designated 41 caregivers; providing construction; requiring the 42 Agency for Health Care Administration to adopt rules; 43 providing an effective date. 44 45 Be It Enacted by the Legislature of the State of Florida: 46 47 Section 1. Section 395.1013, Florida Statutes, is created 48 to read: 49 395.1013 Designated caregivers.— 50 (1) As used in this section, the term: 51 (a) “Admission” means the date on which a patient is 52 admitted to the hospital or ambulatory surgical center for 53 inpatient treatment. 54 (b) “Aftercare” means assistance that is provided by a 55 caregiver to a patient after the patient’s discharge from a 56 hospital or an ambulatory surgical center which is related to 57 the patient’s condition at the time of discharge, including 58 activities of daily living, instrumental activities of daily 59 living, and medical or nursing tasks that may be performed 60 without a license or certificate. 61 (c) “Caregiver” means a person who is 18 years of age or 62 older who provides aftercare to a patient in the patient’s 63 residence. 64 (d) “Discharge” means the date on which a patient is 65 discharged from a hospital or an ambulatory surgical center 66 after receiving inpatient treatment. 67 (e) “Facility” means a hospital or an ambulatory surgical 68 center licensed under this chapter. 69 (f) “Legal representative” means a patient’s parent, a 70 legal guardian under chapter 744, a health care surrogate or 71 proxy designated under chapter 765, or an individual who is 72 authorized under a power of attorney to make health care 73 decisions on behalf of the qualified patient. 74 (g) “Residence” means a dwelling that the patient considers 75 his or her home. The term does not include any of the following: 76 1. An assisted living facility as defined in s. 429.02(5), 77 an intermediate care facility for the developmentally disabled 78 as defined in s. 400.960, or a nursing home facility as defined 79 in s. 400.021. 80 2. A hospital. 81 3. A prison, jail, or other detention or correctional 82 facility operated by a state or federal agency. 83 4. A foster care facility, group home facility, or 84 residential facility as those terms are defined in s. 393.063. 85 5. Any other place of habitation which is provided by a 86 public or private entity that has a legal or contractual 87 responsibility and is compensated for the care or custody of the 88 patient. 89 (2)(a) A facility to which a patient is admitted for 90 inpatient treatment, at the time of admission, shall provide the 91 patient or the patient’s legal representative an opportunity to 92 designate a caregiver of his or her own choosing who will 93 provide the patient’s aftercare. Facilities are not responsible 94 for facilitating the selection of or providing recommendations 95 for designated caregivers. 96 (b) The caregiver designation must be on a form approved by 97 the agency and must include written consent, signed by the 98 patient or the patient’s legal representative, to authorize the 99 facility to disclose otherwise confidential information to the 100 designated caregiver if such information is necessary for the 101 caregiver to provide adequate aftercare to the patient. A 102 patient or a patient’s legal representative may change the 103 patient’s designated caregiver in the same manner any time 104 before the patient’s discharge from the facility. 105 (c) Facilities must document a patient’s designation in the 106 patient’s records, including the designated caregiver’s contact 107 information and his or her relationship to the patient. If a 108 patient declines to designate a caregiver, the facility must 109 document that information in the patient’s records. 110 (d) A designation by a patient or a patient’s legal 111 representative does not require the person designated as a 112 caregiver to perform such aftercare. Facilities must inform a 113 designated caregiver that he or she may choose not to be the 114 patient’s caregiver. If a designated caregiver so chooses, the 115 facility must document that information in the patient’s records 116 and inform the patient or the patient’s legal representative of 117 the caregiver’s decision not to serve so that he or she has the 118 opportunity to designate another caregiver. 119 (3) As soon as practicable after a patient’s physician 120 issues an order to discharge or transfer the patient from the 121 facility, the facility must notify the patient’s designated 122 caregiver, if any. However, the facility’s inability to reach 123 the designated caregiver after making reasonable attempts to do 124 so may not interfere with, delay, or otherwise affect the 125 medical care provided to the patient or an appropriate discharge 126 or transfer of the patient. The facility must document in the 127 patient’s records all attempts made to contact the patient’s 128 designated caregiver in such instances. 129 (4) If the facility is able to reach the patient’s 130 designated caregiver before the patient’s discharge, and the 131 caregiver is willing to provide the patient’s aftercare, the 132 facility must provide the caregiver with the patient’s discharge 133 plan, if any, and any instructions for the aftercare needs of 134 the patient and must offer the caregiver an opportunity to ask 135 any questions about such aftercare. A facility is not required 136 to determine the ability of a designated caregiver to understand 137 or perform the aftercare for a patient. 138 (5) A facility, a facility employee, or a person under 139 contract with a facility is immune from liability in any 140 administrative, civil, or criminal action for any act or 141 omission of a designated caregiver relating to the patient’s 142 aftercare. 143 (6) This section may not be construed to: 144 (a) Authorize or require any state or federal agency or 145 insurer as defined in s. 624.03 to compensate a designated 146 caregiver for aftercare provided to a patient. 147 (b) Require a facility to take actions that are 148 inconsistent with or duplicative of any standards under the 149 federal Medicare program or its related conditions of 150 participation or the standards of a national accrediting 151 organization granted deeming authority by the Centers for 152 Medicare and Medicaid Services. 153 (c) Create a private right of action against a facility, a 154 facility employee, or a person under contract with the facility. 155 (d) Interfere with the rights of an attorney in fact under 156 a durable power of attorney. 157 (7) The agency shall adopt rules to implement this section. 158 Section 2. This act shall take effect July 1, 2021.