2020 New York Laws
PBH - Public Health
Article 29CCCC - Care Act (Caregiver Advise, Record and Enable Act)
2994-LL - Instruction to Identified Caregiver.

§ 2994-ll. Instruction to identified caregiver. 1. As soon as possible
and not later than twenty-four hours prior to a patient's discharge from
a  hospital,  the  hospital  shall consult with the identified caregiver
along with  the  patient  regarding  the  caregiver's  capabilities  and
limitations  and  issue  a  discharge  plan  that  describes a patient's
after-care needs at his or her residence. In the event the  hospital  is
unable  to  contact  the designated caregiver, the lack of contact shall
not interfere with, delay, or otherwise affect the medical care provided
to the patient or an appropriate discharge of the patient. In the  event
that  the  identified  caregiver  is  unwilling or unable to confidently
provide proper care, the hospital shall assess whether  other  services,
including  but  not  limited  to  home care services, are needed and, if
necessary, order such services. The hospital shall promptly document the
attempt in the patient's medical record. At minimum,  a  discharge  plan
shall include:
  (a) the name and contact information of the caregiver identified under
this article;
  (b)   a  description  of  all  after-care  tasks  recommended  by  the
discharging  physician,  taking  into  account  the   capabilities   and
limitations of the caregiver; and
  (c)  contact  information  for  health  care, community resources, and
long-term services and supports necessary to successfully carry out  the
patient's discharge plan.
  2.  The hospital issuing the discharge plan must offer caregivers with
instruction in all after-care tasks described in the discharge plan.
  (a) At minimum, such instruction shall include:
  (i) a live or recorded demonstration  of  the  tasks  performed  by  a
hospital employee authorized to perform the after-care task, provided in
a  culturally  competent  manner  and  in accordance with the hospital's
requirements to provide language access services under state and federal
law;
  (ii) an opportunity for the caregiver and  patient  to  ask  questions
about the after-care tasks; and
  (iii) answers to the caregiver's and patient's questions provided in a
culturally  competent  manner  and  in  accordance  with  the hospital's
requirements to provide language access services under state and federal
law.
  (b) Any instructions required under this article shall  be  documented
in  the patient's medical record, including, at minimum, the date, time,
and contents of the instruction.
  3. The department is authorized to promulgate regulations to implement
the  provisions  of  this  article,  including  but  not   limited   to,
regulations  to  further define the content and scope of any instruction
provided to caregivers under this article.