2016 Indiana Code
TITLE 16. HEALTH
ARTICLE 21. HOSPITALS
CHAPTER 12. THE CAREGIVER ADVISE, RECORD, AND ENABLE (CARE) ACT
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IC 16-21-12
Chapter 12. The Caregiver Advise, Record, and Enable
(CARE) Act
IC 16-21-12-1
"After care"
Sec. 1. As used in this chapter, "after care" means assistance
provided by a lay caregiver to a patient in the patient's residence
under an at home care plan following the patient's discharge from a
hospital. The assistance may include any of the following:
(1) Assisting with basic activities of daily living.
(2) Assisting with instrumental activities of daily living.
(3) Assisting with medical or nursing tasks, including:
(A) managing wound care;
(B) assisting in administering medications; or
(C) operating medical equipment.
As added by P.L.137-2015, SEC.6.
IC 16-21-12-2
"At home care plan"
Sec. 2. As used in this chapter, "at home care plan" means any
plan that serves to describe the after care needs of a patient upon
discharge from a hospital to the patient's residence, if the at home
care plan:
(1) is developed by:
(A) a registered nurse licensed under IC 25-23, social worker
licensed under IC 25-23.6, or other licensed health care
professional; or
(B) an individual supervised by a licensed registered nurse,
licensed social worker, or other licensed health care
professional;
(2) is based on an evaluation of the patient's need for after care,
taking into consideration the patient's functional status and
cognitive ability, including the patient's capacity for self care;
and
(3) includes contact information for hospital personnel or the
patient's physician if the patient or the patient's lay caregiver
designated under this chapter has questions regarding the
patient's after care.
The term includes a discharge plan prepared for the patient that is
developed under the discharge planning requirements of the
Medicare program's conditions of participation.
As added by P.L.137-2015, SEC.6.
IC 16-21-12-3
"Discharge"
Sec. 3. As used in this chapter, "discharge" means a patient's exit
or release from a hospital following an inpatient hospitalization.
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As added by P.L.137-2015, SEC.6.
IC 16-21-12-4
"Health care representative"
Sec. 4. As used in this chapter, "health care representative" means
an individual appointed as the patient's health care representative
under IC 16-36-1-7 or an individual holding the patient's health care
power of attorney under IC 30-5-5-16. However, if the patient has
not appointed a health care representative under IC 16-36-1-7 or
granted a health care power of attorney to an individual under
IC 30-5-5-16, the term means an individual authorized to consent to
health care for the patient under IC 16-36-1-5.
As added by P.L.137-2015, SEC.6.
IC 16-21-12-5
"Lay caregiver"
Sec. 5. As used in this chapter, "lay caregiver" means an
individual who:
(1) has a significant relationship with a patient;
(2) is designated as a lay caregiver by:
(A) the patient;
(B) the patient's health care representative; or
(C) if the patient has not appointed a health care
representative, the patient's legal guardian;
under this chapter; and
(3) provides after care to the patient.
As added by P.L.137-2015, SEC.6.
IC 16-21-12-6
"Residence"
Sec. 6. As used in this chapter, "residence" means a dwelling
considered by a patient to be the patient's temporary or permanent
home. The term does not include a hospital licensed under this
article, a health facility or residential care facility licensed under
IC 16-28, a state mental health institution operated under
IC 12-24-1-3, a private mental health institution licensed under
IC 12-25, an assisted living facility registered with the office of the
secretary of family and social services as a housing with services
establishment, or an institution or facility operated by the department
of correction or a law enforcement agency.
As added by P.L.137-2015, SEC.6.
IC 16-21-12-7
Opportunity to designate lay caregiver; documentation; hospital
responsibilities upon designation
Sec. 7. (a) As soon as practicable following a patient's admission
to a hospital as an inpatient and before the patient's discharge from
the hospital to the patient's residence or transfer to another facility,
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the hospital shall provide each patient or the patient's health care
representative with an opportunity to designate a lay caregiver. A
patient or the patient's health care representative may decline to
designate a lay caregiver.
(b) If a patient or the patient's health care representative declines
to designate a lay caregiver, or does not provide the written consent
or the information described in subsection (c), the hospital shall
document that fact in the patient's medical record and the hospital is
considered to have complied with the requirements of this chapter.
(c) If a patient or the patient's health care representative
designates a lay caregiver, the hospital shall do the following:
(1) Request written consent by the patient or the patient's health
care representative to release medical information to the
patient's designated lay caregiver following the hospital's
procedures for releasing personal health information in
compliance with federal and state laws.
(2) Record the following information in the patient's medical
record concerning the designated lay caregiver:
(A) The name, address, and telephone number of the
designated lay caregiver.
(B) The relationship between the patient and the designated
lay caregiver.
As added by P.L.137-2015, SEC.6.
IC 16-21-12-8
Provision of preferred means to contact lay caregiver; use by
hospital; notification to lay caregiver if patient unable
Sec. 8. (a) If a patient or the patient's health care representative
designates a lay caregiver, and provides the written consent and the
other information described in section 7(c) of this chapter, the
hospital shall, as soon as practicable before the patient's discharge
from the hospital, provide the patient or the patient's health care
representative with an opportunity to advise hospital personnel of a
preferred means of contacting the lay caregiver.
(b) If the patient or the patient's health care representative advises
hospital personnel of a preferred means of contacting the designated
lay caregiver under subsection (a), the hospital shall, when
attempting to contact a patient's designated lay caregiver, attempt to
use the preferred means of contact provided in subsection (a) if the
preferred means of contact is permitted by the hospital and is readily
available for use by hospital personnel when attempting to contact
the lay caregiver.
(c) If hospital personnel, in the exercise of their professional
judgment, determine that a patient lacks the physical or mental
capacity to accurately and timely notify the patient's lay caregiver of
the patient's pending discharge or transfer to another facility, the
hospital shall, within a reasonable time before the patient's discharge
or transfer, attempt to notify the patient's lay caregiver of the pending
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discharge or transfer.
As added by P.L.137-2015, SEC.6.
IC 16-21-12-9
Hospital attempt to consult with lay caregiver; at home care plan
Sec. 9. (a) If a patient or the patient's health care representative:
(1) designates a lay caregiver; and
(2) provides the written consent and the other information
described in section 7(c) of this chapter;
the hospital shall, as soon as practicable before the patient's
discharge from a hospital, attempt to consult with the designated lay
caregiver to prepare the lay caregiver for the patient's after care
needs and issue an at home care plan that describes the patient's after
care needs upon discharge from the hospital to the patient's
residence.
(b) An at home care plan may include contact information for
health care, community resources, and long term services and
supports necessary to successfully carry out the patient's at home
care plan.
As added by P.L.137-2015, SEC.6.
IC 16-21-12-10
Opportunity for lay caregiver to ask questions; live or recorded
demonstration of after care needs
Sec. 10. (a) As part of the consultation under section 9(a) of this
chapter, the hospital shall attempt to provide the designated lay
caregiver the opportunity to ask questions and receive answers about
the after care needs of the patient.
(b) If the hospital personnel who consult with the lay caregiver
under section 9(a) of this chapter, determine, in the exercise of their
professional judgment, that a live or recorded demonstration is
necessary in order to appropriately prepare the lay caregiver for the
patient's after care needs, the hospital may provide to a designated
lay caregiver a live or recorded demonstration of the after care
described in the patient's at home care plan.
As added by P.L.137-2015, SEC.6.
IC 16-21-12-11
No interference or delay of medical care if unable to contact lay
caregiver
Sec. 11. If the hospital is unable to contact the designated lay
caregiver, the lack of contact may not interfere with, delay, or
otherwise affect the medical care provided to the patient or an
otherwise appropriate discharge or transfer to another facility.
As added by P.L.137-2015, SEC.6.
IC 16-21-12-12
No requirement to designate lay caregiver
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Sec. 12. This chapter may not be construed to require a patient or
the patient's health care representative to designate a lay caregiver.
As added by P.L.137-2015, SEC.6.
IC 16-21-12-13
No obligation for lay caregiver to perform after care
Sec. 13. The designation of a lay caregiver does not obligate any
individual to perform any after care for the patient.
As added by P.L.137-2015, SEC.6.
IC 16-21-12-14
No interference with, delay, or affect on patient care
Sec. 14. A hospital may not allow the process of appointing or the
refusal or failure to appoint a lay caregiver for a patient to interfere
with, delay, or otherwise affect the services that the hospital provides
to a patient.
As added by P.L.137-2015, SEC.6.
IC 16-21-12-15
No interference with health care representative rights; no private
right of action against hospital
Sec. 15. (a) This chapter may not be construed to interfere with
the rights of a health care representative appointed under IC 16-36-1.
(b) This chapter may not be construed to create a private right of
action against a hospital, a hospital employee, or an individual with
whom a hospital has a contractual relationship.
(c) No cause of action of any type arises against a hospital, a
hospital employee, a staff member, or an individual with whom a
hospital has a contractual relationship based upon an act or omission
of a lay caregiver.
As added by P.L.137-2015, SEC.6.
IC 16-21-12-16
No new reimbursement requirements under chapter
Sec. 16. This chapter may not be construed to establish a new
requirement to reimburse or otherwise pay for services rendered by
a lay caregiver for after care services.
As added by P.L.137-2015, SEC.6.
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