NOTE: The governor signed this measure on 5/8/2015.
      
      
      HOUSE BILL 15-1242
      
      
      BY REPRESENTATIVE(S) Danielson, Roupe, Windholz, Buckner,
      Duran, Fields, Garnett, Ginal, Lebsock, Lontine, Melton, Mitsch Bush,
      Moreno, Pabon, Pettersen, Primavera, Priola, Rosenthal, Ryden, Salazar,
      Vigil, Winter, Young, Hullinghorst, Williams;
      also SENATOR(S) Aguilar, Crowder, Guzman, Heath, Hodge, Jahn,
      Johnston, Jones, Kefalas, Martinez Humenik, Merrifield, Newell, Todd.
      
      
      Concerning the right of a medical patient to designate a
           caregiver to assist the patient with basic tasks following
           release from a medical facility.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, add 25-1-128 as
      follows:
      
           25-1-128.  Designation of caregiver - notice - instructions -
      definitions. (1)  As used in this section:
      
           (a)  "Aftercare" means assistance provided by a caregiver
      to a patient in the patient's residence after the patient's discharge
      from a hospital, following an inpatient hospital stay, and may
      include: Assisting with basic activities of daily living; assisting
      with instrumental activities of daily living; and carrying out
      medical or nursing tasks such as managing wound care, assisting
      in administering medications, and operating medical equipment.
      
           (b)  "Caregiver" means a person eighteen years of age or
      older designated by a patient to provide aftercare to a patient
      living in his or her residence.
      
           (c)  "Hospital" means a facility currently licensed or
      certified by the department as a general hospital pursuant to the
      department's authority under sections 25-1.5-103 and 25-3-101.
      
           (d)  "Residence" means the patient's home. "Residence" does
      not include a rehabilitation facility, hospital, nursing home,
      assisted living facility, or licensed group home.
      
           (2) (a)  A hospital shall give each patient or the patient's
      legal guardian the opportunity to designate at least one
      caregiver no later than twenty-four hours after the patient's
      admission to the hospital and prior to the patient's release from
      the hospital or nonemergency transfer to another facility.
      
           (b)  If a patient is unconscious or incapacitated upon his or
      her admission to the hospital, the hospital shall give the patient
      or the patient's legal guardian the opportunity to designate a
      caregiver as soon as practicable after the patient's recovery of
      consciousness or capacity.
      
           (c) A patient or patient's legal guardian is not obligated to
      designate a caregiver at any time.
      
           (d)  If the patient or the patient's legal guardian declines to
      designate a caregiver, the hospital shall document this in the
      patient's medical record.
      
           (3) (a)  If the patient or the patient's legal guardian
      designates a caregiver, the hospital shall request consent from
      the patient or the patient's legal guardian to release medical
      information to the caregiver.
      
           (b)  The hospital shall record the designation of the
      caregiver, the relationship of the caregiver to the patient, and
      the name, telephone number, and address of the caregiver in the
      patient's medical record.
      
           (c)  A patient or the patient's legal guardian may change
      the caregiver designation at any time. The hospital shall record
      the change in the patient's medical record within twenty-four
      hours of the change.
      
           (d)  This section does not obligate a person designated as a
      caregiver to perform aftercare tasks for a patient.
      
           (4)  If a patient or the patient's legal guardian designates
      a caregiver, the hospital shall notify the patient's caregiver of
      the patient's discharge or transfer to another facility as soon as
      practicable, which may be after the patient's physician issues a
      discharge order. If the hospital is unable to contact the
      caregiver, the lack of contact shall not interfere with, delay, or
      otherwise affect the medical care provided to the patient or the
      appropriate discharge of the patient. The hospital shall promptly
      document the attempt in the patient's medical record.
      
           (5) (a)  As soon as possible and prior to the patient's release
      from the hospital, the hospital shall consult with the patient or
      the patient's legal guardian and the caregiver and issue a
      discharge plan that describes the patient's aftercare needs. The
      discharge plan must include:
      
           (I)  The name and contact information of the caregiver, as
      provided by the caregiver;
      
           (II)  A description of the aftercare tasks necessary to
      maintain the patient's ability to reside in his or her residence; and
      
           (III)  Contact information for any health care, community
      resources, and long-term services and supports necessary to
      successfully carry out a patient's discharge plan.
      
           (b)  The hospital shall provide the caregiver with
      instructions concerning all aftercare tasks described in the
      discharge plan. The instructions shall include:
      
           (I)  A live demonstration of the aftercare tasks performed
      by a hospital employee or other authorized individual and
      provided in a culturally competent manner and in accordance
      with the hospital's requirements to provide language access
      services;
      
           (II)  An opportunity for the caregiver and the patient or the
      patient's legal guardian to ask questions about the aftercare
      tasks; and
      
           (III)  Answers to the caregiver's, patient's, and patient's
      legal guardian's questions in a culturally competent manner and
      in accordance with the hospital's requirements to provide
      language access services.
      
           (c)  The hospital shall document the instructions required
      in this subsection (5) in the patient's medical record, including the
      date, time, and contents of the instructions, and whether the
      caregiver accepted or refused the offer of instruction.
      
           (6)  Nothing in this section:
      
           (a)  Interferes with the rights of an agent acting under a
      valid health care directive;
      
           (b)  Creates a private right of action against a hospital, a
      hospital employee, or a person with whom the hospital has a
      contractual relationship;
      
           (c)  Creates additional civil or regulatory liability for a
      hospital or hospital employee;
      
           (d)  Supersedes or replaces existing rights or remedies under
      any other law; or
      
           (e) Affects a license issued to a hospital pursuant to section
      25-3-102.
      
           (7) The board of health may promulgate rules to ensure
      compliance with this section.
      
           SECTION 2.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO