Bill > H2081

This bill, titled the Caregiver Advise, Record, and Enable (CARE) Act, aims to establish a framework for patients to designate caregivers who will assist them after being discharged from a hospital. A "hospital" is defined as a facility licensed under Massachusetts General Law Chapter 111. "After-care" refers to any assistance provided by a designated caregiver after a patient leaves the hospital, which can include help with daily living activities, managing medications, or operating medical equipment. A "caregiver" is any individual chosen by the patient to provide this after-care, and their residence is considered their home, excluding other healthcare facilities. The bill mandates that hospitals offer patients, or their legal guardians, at least one opportunity to designate a caregiver within 24 hours of admission and before discharge. If a patient is incapacitated, this opportunity is provided upon their recovery. Hospitals must obtain written consent to share medical information with the designated caregiver and record the caregiver's details in the patient's medical record, with changes to designation to be updated within 24 hours. Importantly, designating a caregiver does not obligate them to perform any tasks. Hospitals are required to notify the designated caregiver of the patient's discharge or transfer at least four hours prior to the event. Furthermore, hospitals must consult with the caregiver about the patient's after-care needs and provide a discharge plan detailing these needs, including necessary instructions for the caregiver, which must be demonstrated live and allow for questions. The bill also clarifies that it does not interfere with existing healthcare directives and does not create a private right of action against hospitals or their employees.