TITLE XI
HOSPITALS AND SANITARIA

CHAPTER 151
RESIDENTIAL CARE AND HEALTH FACILITY LICENSING

Caregiver Advise, Record, and Enable (CARE) Act

Section 151:45

    151:45 Instruction to Designated Caregiver; Rulemaking. –
I. As soon as possible, the hospital shall consult with the designated caregiver and 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. At minimum, a discharge plan shall include:
(a) The name and contact information of the caregiver;
(b) A description of all after-care tasks necessary to maintain the patient's ability to reside at home, taking into account the capabilities and limitations of the caregiver; and
(c) Contact information for any health care, community resources, and long-term services and supports necessary to successfully carry out the patient's discharge plan.
II. The hospital issuing the discharge plan shall provide caregivers with instruction in all after-care tasks described in the discharge plan.
(a) At minimum, such instruction shall include:
(1) A live 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.
(2) An opportunity for the caregiver to ask questions about the after-care tasks.
(3) Answers to the caregiver'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 instruction required under this paragraph shall be documented in the patient's medical record, including, at minimum, the date, time, and contents of the instruction.
III. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to:
(a) Procedures to designate and change a caregiver under RSA 151:43.
(b) Other matters necessary to effectuate the scope of this subdivision.

Source. 2015, 44:2, eff. Jan. 1, 2016.