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Bill > H3911


MA H3911

MA H3911
Authorizing the disclosure of medical information to certain designated caregivers


summary

Introduced
12/21/2015
In Committee
11/21/2016
Crossed Over
11/17/2016
Passed
12/05/2016
Dead
Signed/Enacted/Adopted
12/08/2016

Introduced Session

189th General Court

Bill Summary

Authorizing the disclosure of medical information to certain designated caregivers

AI Summary

This bill, titled "Authorizing the disclosure of medical information to certain designated caregivers," aims to allow hospitals to share certain medical information with individuals designated by patients to provide "after-care," which is defined as assistance provided to a patient after they leave a hospital and return to their residence, including basic medical tasks not requiring a licensed healthcare provider. The bill proposes adding a new section to Chapter 111 of the General Laws that would require hospitals to offer patients, who are 18 or older and deemed competent, the opportunity to designate a "caregiver" – an individual 18 or older willing and able to provide after-care. This designation, along with the caregiver's contact information, would be documented in the patient's medical record, and the hospital could then share the patient's discharge plan and discuss after-care needs with the designated caregiver, provided the patient or their legal guardian has authorized this release in compliance with privacy laws like HIPAA. The bill also clarifies that patients are not required to designate a caregiver, and designated caregivers are not obligated to perform any after-care tasks, nor does this legislation create new liabilities for healthcare providers or interfere with existing legal rights like those of a healthcare proxy agent or guardian. Finally, the commissioner of public health will issue guidance to implement these provisions, and the new section will become effective within eight months of enactment.

Committee Categories

Budget and Finance, Health and Social Services

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Joint Committee on Public Health (Joint)

Last Action

Signed by the Governor, Chapter 332 of the Acts of 2016 (on 12/08/2016)

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