What is the Caregiver law in Nevada?
Full Question:
What is the caregiver law in Nevada?
03/05/2017 |
Category: Healthcare ยป Caregiver |
State: Nevada |
#33389
Answer:
DESIGNATION OF CAREGIVERS
NRS 449.790 Definitions. As used in NRS 449.790 to 449.811, inclusive, unless the context otherwise requires, the words and terms defined in NRS 449.792, 449.794 and 449.796 have the meanings ascribed to them in those sections.
(Added to NRS by 2015, 176)
NRS 449.792 “Aftercare” defined. “Aftercare” means care or assistance that is provided to a patient after the patient is discharged following inpatient treatment at a hospital.
(Added to NRS by 2015, 176)
NRS 449.794 “Caregiver” defined. “Caregiver” means a person designated as such pursuant to NRS 449.798, including, without limitation, a relative, spouse, partner, foster parent, friend or neighbor.
(Added to NRS by 2015, 176)
NRS 449.796 “Representative of the patient” defined. “Representative of the patient” means a legal guardian of the patient, a person designated by the patient to make decisions governing the withholding or withdrawal of life-sustaining treatment pursuant to NRS 449.600 or a person given power of attorney to make decisions concerning health care for the patient pursuant to NRS 162A.700 to 162A.865, inclusive.
(Added to NRS by 2015, 176)
NRS 449.798 Designation of caregiver for a patient, removal of designation and designation of new caregiver under certain circumstances; designation does not establish obligation to patient.
1. A caregiver may be designated for a patient by:
(a) The patient if he or she is 18 years of age or older and of sound mind;
(b) The representative of the patient if the patient is 18 years of age or older and incompetent; or
(c) The parent or legal guardian of the patient if the patient is less than 18 years of age.
2. A patient described in subsection 1 may have a caregiver designated for him or her upon admission to a hospital as an inpatient in the manner described in NRS 449.801.
3. If a caregiver is unable or unwilling to perform the duties of a caregiver, the designation of that person as a caregiver may be removed and a new caregiver may be designated by:
(a) The patient if he or she is 18 years of age or older and of sound mind;
(b) The representative of the patient if the patient is 18 years of age or older and incompetent; or
(c) The parent or legal guardian of the patient if the patient is less than 18 years of age.
4. A caregiver is under no obligation to a patient solely because the patient, the representative of the patient or the parent or guardian of the patient has designated the caregiver pursuant to this section.
(Added to NRS by 2015, 176)
NRS 449.801 Hospital required to provide opportunity to designate caregiver to inpatient before discharge or when patient regains competence.
1. After admitting a patient as an inpatient and before discharging the patient, a hospital shall provide the opportunity to designate a caregiver for the patient to:
(a) The patient if he or she is 18 years of age or older and of sound mind;
(b) The representative of the patient if the patient is 18 years of age or older and incompetent; or
(c) The parent or legal guardian of the patient if the patient is less than 18 years of age.
2. If a patient is unconscious or otherwise incompetent upon admission to a hospital as an inpatient and later regains competence while he or she is an inpatient at the hospital, the hospital shall, after the patient regains competence, provide the patient with the opportunity to designate a caregiver.
(Added to NRS by 2015, 176)
NRS 449.803 Hospital required to record designation or change of caregiver and request consent to release medical information to caregiver if required; hospital required to record declination to designate caregiver.
1. If a patient, the representative of a patient or the parent or guardian of a patient designates a caregiver pursuant to NRS 449.801 or changes a caregiver pursuant to NRS 449.798, the hospital shall:
(a) Record the designation or change of the caregiver, the relationship of the caregiver to the patient and the name, telephone number and address of the caregiver in the medical record of the patient; and
(b) If required by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted pursuant thereto or any other federal or state law, request the written consent of the patient, the representative of the patient or the parent or guardian of the patient, as applicable, to release medical information to the caregiver in a manner that complies with the applicable laws.
2. If a patient, the representative of a patient or the parent or guardian of a patient declines to designate a caregiver after being given the opportunity to do so pursuant to NRS 449.801, the hospital shall record the declination in the medical record of the patient.
(Added to NRS by 2015, 177)
NRS 449.805 Hospital required to attempt to notify caregiver before planned discharge or transfer of patient. If a patient, the representative of a patient or the parent or guardian of a patient has provided consent for the hospital to release medical information to a caregiver pursuant to subsection 1 of NRS 449.803, the hospital shall, before the patient is discharged or transferred to another facility, attempt to notify the caregiver of the planned discharge or transfer.
(Added to NRS by 2015, 177)
NRS 449.807 Hospital required to attempt to provide caregiver with discharge plan; contents of discharge plan; hospital required to attempt to consult with caregiver regarding aftercare. If a patient, the representative of a patient or the parent or guardian of a patient has provided consent for a hospital to release medical information to a caregiver pursuant to subsection 1 of NRS 449.803, the hospital shall, before the patient is discharged other than to a facility licensed pursuant to this chapter:
1. Attempt to provide the caregiver with a discharge plan. A discharge plan must include, without limitation:
(a) The name and contact information of the caregiver;
(b) A description of all necessary aftercare, including, without limitation, any requirements to maintain the ability of the patient to reside at home; and
(c) Contact information for:
(1) Any providers of health care, community resources or other providers of services necessary to carry out the discharge plan; and
(2) An employee of the hospital who will be available before the patient is discharged to answer questions concerning the discharge plan.
2. Attempt to consult with the caregiver, in person or using video technology, concerning the aftercare set forth in the discharge plan. Such consultation must include, without limitation:
(a) A demonstration of the aftercare set forth in the discharge plan, performed by an appropriate member of the hospital staff in a culturally and linguistically appropriate manner; and
(b) An opportunity for the caregiver to ask questions concerning the aftercare.
(Added to NRS by 2015, 177)
NRS 449.809 Hospital required to document certain actions and instructions in medical record of patient; hospital required to proceed with planned discharge or transfer of patient if unable to reach caregiver.
1. A hospital shall document in the medical record of the patient:
(a) The attempt or completion of any actions required pursuant to NRS 449.805 or 449.807;
(b) Any instructions given pursuant to NRS 449.807; and
(c) The date and time at which such instructions were given.
2. If a hospital is unable to reach a caregiver after attempting to provide any information pursuant to NRS 449.805 or 449.807, the hospital must proceed with the discharge or transfer of the patient as scheduled.
(Added to NRS by 2015, 178)
NRS 449.811 Hospital and employees and contractors of hospital not liable for aftercare provided improperly or not provided by caregiver. A hospital or an employee or contractor of a hospital that acts in compliance with NRS 449.790 to 449.811, inclusive, is not liable for any aftercare that is provided improperly or not provided by a caregiver.
(Added to NRS by 2015, 178)