Health and Safety
Caregiver Advise, Record and Enable Act
§ 23-17.27-4 Instruction to designated
caregiver. [Effective March 1, 2016.].
(a) As soon as possible and prior to a patient's discharge from a hospital, the
hospital shall consult with the designated 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.
The consultation session will include an assessment of the
caregiver's capability to provide after care and any limitations the caregiver
foresees in providing after care. Each hospital will have the discretion to
determine which hospital staff are best qualified to conduct the caregiver
assessment. If, upon assessment, the hospital determines a caregiver may have
difficulty supplying the needed care safely, the discharge plan may be adjusted
accordingly and alternate care arrangements may be made in consultation with
(b) The consultation and issuance of a discharge plan shall
occur on a schedule that takes into consideration the severity of the patient's
condition; the setting in which care is to be delivered; and the urgency of the
need for caregiver services. 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. The hospital shall promptly document the attempt in
the patient's medical record.
(1) At minimum, a discharge plan shall include:
(i) The name and contact information of the caregiver
designated under this chapter;
(ii) A description of all after-care tasks recommended by the
patient's physician, or other health care professional, taking into account the
capabilities and limitations of the caregiver;
(iii) Contact information for any health care, community
resources, and long-term services and support necessary to successfully carry
out the patient's discharge plan.
(c) The hospital issuing the discharge plan must offer to
provide caregivers with instruction in all after-care tasks described in the
discharge plan. Any training or instructions provided to a caregiver shall be
provided, to the extent possible, in non-technical language and in the
caregiver's native language.
(1) At minimum, such instruction shall include:
(i) A live or recorded demonstration of the tasks performed
by the hospital employee or individual with whom the hospital has a contractual
relationship authorized to perform the after-care task;
(ii) An opportunity for the caregiver and patient to ask
questions about the after-care tasks; and
(iii) Answers to the caregiver's and the 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.
(2) Any instruction required under this chapter shall be
documented in the patient's medical record, including, at minimum, the date,
time, and contents of the instruction.
(d) The Rhode Island department of health is authorized to
promulgate regulations to implement the provisions of this chapter including,
but not limited to, regulations to further define the content and scope of any
instruction provided to caregivers under this chapter.
(e) Nothing in this chapter shall delay the discharge of a
patient, or the transfer of a patient from a hospital to another facility.
History of Section.
(P.L. 2015, ch. 95, § 1; P.L. 2015, ch. 115, § 1.)