SB19,2 7Section 2. 146.82 (4) (c) of the statutes is created to read:
SB19,3,5
1146.82 (4) (c) Notwithstanding subs. (1) and (4) (b) (intro.), a health care
2provider may provide a lay caregiver who is designated under s. 146.827 and who is
3otherwise permitted access to a portion of a patient health care record under this
4subsection, with a copy of any written discharge plan issued under s. 146.827 (4) (a)
53.
SB19,3 6Section 3. 146.827 of the statutes is created to read:
SB19,3,7 7146.827 Designated caregivers. (1) Definitions. In this section:
SB19,3,118 (a) "Aftercare assistance" means any assistance provided by a lay caregiver to
9a patient under this section after the patient's discharge and related to the patient's
10condition at the time of discharge, including, if applicable, wound care, injections,
11medication management, and patient movement.
SB19,3,1312 (b) "Discharge" means a patient's exit or release from a hospital following any
13inpatient admission.
SB19,3,1414 (c) "Hospital" has the meaning given in s. 50.33 (2).
SB19,3,1515 (d) "Incapacitated" has the meaning given in s. 50.94 (1) (b).
SB19,3,1716 (e) "Lay caregiver" means any individual designated as a lay caregiver under
17this section to provide aftercare assistance to a patient.
SB19,3,24 18(2) Lay caregiver designation. (a) A hospital shall provide a patient, or a
19parent or legal guardian if the patient is a minor, or a person authorized by the
20patient if the patient is incapacitated, with an opportunity to designate a lay
21caregiver as soon as practicable after the patient's admission into the hospital and
22before the patient's discharge. An individual making a designation under this
23section may designate any person, including a family member, that is 18 years of age
24or older.
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1(b) If a patient who is not a minor was incapacitated upon admission to the
2hospital, no lay caregiver was designated upon admission, and the patient is no
3longer incapacitated, the hospital shall inform the patient of the option to designate
4a lay caregiver under this section.
SB19,4,95 (c) If a patient was incapacitated upon admission to the hospital and a person
6authorized by the patient designated a lay caregiver under par. (a) and if the patient
7is no longer incapacitated, the hospital shall notify the patient of the existing lay
8caregiver designation and inform the patient of the option under par. (g) to change
9the designation at any time.
SB19,4,1410 (d) If a patient, parent, legal guardian, or person authorized by the patient
11designates a lay caregiver under this section, the hospital shall promptly record the
12designation of the lay caregiver, the relationship of the lay caregiver to the patient,
13and the name, telephone number, and address of the lay caregiver in the patient's
14medical record.
SB19,4,1715 (e) If a patient, parent, legal guardian, or person authorized by the patient,
16declines to designate a lay caregiver under this section, the hospital shall promptly
17document that information in the patient's medical record.
SB19,4,2118 (f) Nothing in this section requires a patient, parent, legal guardian, or person
19authorized by the patient to designate a lay caregiver. The designation or lack of
20designation under this section may not interfere with, delay, or otherwise affect the
21medical care provided to the patient.
SB19,5,222 (g) A patient, or, if applicable, a parent, legal guardian, or person authorized
23by the patient, may elect to designate a lay caregiver, withdraw a designation, or
24change the designated lay caregiver at any time. The hospital shall promptly record
25in the patient's medical record any designation modification, and, if an individual

1designates a new lay caregiver under this section, the information required under
2par. (d).
SB19,5,43 (h) Designation of a lay caregiver pursuant to the provisions of this section does
4not obligate any individual to perform aftercare assistance for the patient.
SB19,5,9 5(3) Release of medical information. (a) If a patient, parent, legal guardian,
6or person authorized by the patient designates an individual as a lay caregiver under
7this section, the hospital shall promptly request the informed consent of the patient
8or of a person authorized by the patient to release patient health care records under
9s. 146.82 (1).
SB19,5,1310 (b) Notwithstanding par. (a), the hospital may, to the extent allowed under s.
11146.82 (4) (b) and (c), release a portion of a patient's medical records to complete the
12requirements of sub. (4), unless a patient or person authorized by a patient expressly
13refuses to grant informed consent.
SB19,5,1814 (c) If a patient or person authorized by the patient declines to provide informed
15consent under s. 146.82 (1) and declines to release a portion of the patient's medical
16record under s. 146.82 (4) (b) 1. to allow necessary communication with a designated
17lay caregiver, the hospital is not required to complete the notification, consultation,
18and discharge plan requirements under sub. (4).
SB19,5,22 19(4) Notification, aftercare consultation, and discharge plan. (a) Subject to
20sub. (3), if a patient, parent, legal guardian, or person authorized by a patient
21designates a lay caregiver, the hospital shall, as soon as practicable, do all of the
22following:
SB19,5,2423 1. Attempt to notify the patient's designated lay caregiver of the patient's
24discharge or transfer to another facility.
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12. Attempt to consult with the designated lay caregiver to prepare him or her
2for aftercare assistance.
SB19,6,43 3. Issue a discharge plan describing a patient's aftercare assistance needs with
4respect to the patient's condition at the time of discharge.
SB19,6,75 (b) In the event the hospital is unable to contact the designated lay caregiver,
6the lack of contact shall not interfere with, delay, or otherwise affect the medical care
7provided to the patient, or an appropriate discharge of the patient.
SB19,6,10 8(5) No interference with other law. Nothing in this section shall be construed
9to interfere with the rights of a person legally authorized to make health care
10decisions on behalf of a patient under this chapter or chs. 154 and 155.
SB19,6,14 11(6) No private right of action. Nothing in this section shall be construed to
12create a private right of action against a hospital, a hospital employee, or any
13authorized agent of the hospital, or to otherwise supercede or replace existing rights
14or remedies.
SB19,4 15Section 4. Effective date.
SB19,6,1716 (1) This act takes effect on the first day of the 7th month beginning after
17publication.
SB19,6,1818 (End)
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