CARE ACT

Chapter 107

S.F. 107, Eken—DFL

H.F. 210, Zerwas—R

Effective: January 1, 2017

Background

Minnesota’s chapter of the American Association of Retired Persons (AARP) introduced the Caregiver Advice, Record, Enable (CARE) Act in the 2015 legislative session. AARP has introduced and passed the CARE Act in more than 20 states. The goal behind the legislation is to support the more than 600,000 caregivers in Minnesota by requiring hospitals to support and train caregivers when their loved ones were in the hospital. Due to differences between the House and the Senate language at the end of the 2015 legislative session, the bill did not pass. During the 2016 session, these differences were resolved and the bill was signed into law.

Bill Summary

The CARE Act requires a hospital to provide a patient with the opportunity to designate a caregiver within 24-hours of entry and before the patient is discharged. Once a caregiver is designated, the hospital is to record their name, phone number and address in the medical record. If the patient declines to list a caregiver, this must also be recorded. A patient can choose to change the designated caregiver at any time. This designation does not require the caregiver to perform any aftercare for the patient.

When the patient is to be discharged, the hospital must notify the designated caregiver as soon as possible and issue a discharge plan that includes aftercare needs and instructions for all aftercare tasks to both patient and caregiver. At a minimum the plan must include:

  • The name and contact information of the caregiver.
  • Instructions for all aftercare tasks necessary. Instructions must include: live demonstration or video of aftercare tasks performed by a professional and provide an opportunity to answer questions. Instructions must be in a culturally competent manner and in accordance with requirements for language access services.
  • Contact information for resources and supports needed to carry out the discharge plan.
  • Contact information of a hospital representative to answer questions about the discharge and instructions.

This notification will not interfere with the discharge if the caregiver is unable to be reached as long as the hospital made a good faith effort and the CARE Act cannot be used to create a separate action against the hospital.

Implications

Caregivers of older adults will now be provided the opportunity to be listed as a caregiver and receive training on necessary care after hospital stays.

Staff Contact

Danielle Salisbury