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Supporting In-Home Caregivers: The Designated Caregiver Act

By Noah C. Hagan posted 06-06-2016 08:39

  

Effective in July 2016, a new state statute will require hospitals to work with patients and their designated caregivers on after-discharge care. The Designated Caregiver Act allows a patient to name a caregiver to provide any in-home assistance the patient would need after discharge. The hospital must document caregiver information, notify the caregiver of the patient’s transfer or impending discharge, and attempt to consult with the caregiver on after-discharge care. The hospital must answer the caregiver’s questions about the patient’s after-discharge needs.

          The bill was introduced by State Senator Margaret O’Brien to help ensure that a patient’s family and friends who provide in-home care after a hospitalization have the information and instruction they need to provide assistance with performing health care–related tasks. According to AARP, family caregiving is on the rise in Michigan as baby boomers become older adults. One AARP poll shows that approximately 80 percent of adults who are at least 50 years old have acted as caregivers to a loved one or expect to do so in the future. These lay caregivers can help people remain in their own homes longer. The bill was supported by AARP and the Michigan Department of Health and Human Services, as well as various health systems in Michigan.

          It is worth noting that the act does not require the designated caregiver to provide any care to the patient. The caregiver may provide the assistance on a voluntary basis, without compensation. Other things that the act does not do:

  • impact the patient’s insurance company’s obligations of care, coverage, or reimbursement
  • create a right of action against a hospital, hospital employee, or hospital consultant or contractor
  • provide a basis for liability against the hospital or its employees for the services rendered or not rendered by the designated caregiver
  • impact, impede, disrupt, or reduce any obligations of an insurance company providing any form of no-fault insurance
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