"Aftercare", assistance provided by a caregiver to a patient after the patient's discharge from a hospital to the patient's residence; provided, however, that "aftercare" shall include tasks that are limited to the patient's condition at the time of discharge that will not be performed by a licensed health care provider, including basic medical tasks, such as assistance with oral medications and operating medical equipment.
"Caregiver", an individual, 18 years of age or older, who is duly designated as a caregiver by a patient pursuant to this section and is willing and physically able to provide aftercare to a patient in the patient's residence.
"Discharge", a patient's exit or release from a hospital to the patient's residence following an inpatient admission.
"Entry", a patient's inpatient admission to a hospital to receive medical care.
"Hospital", the teaching hospital of the University of Massachusetts Medical School and a hospital licensed pursuant to section 51 that contains a majority of medical/surgical, pediatric, obstetric and maternity beds as defined by the department of public health.
"Patient", an individual, 18 years of age or older, who is admitted to a hospital as an inpatient.
"Residence", a dwelling that the patient considers to be the patient's home at the time of discharge; provided, however, that "residence" shall not include a hospital, nursing home, skilled nursing facility, hospice or other facility that provides a post-acute level of care.
The designation, along with contact information for the caregiver, shall be documented in the patient's medical record. The designated caregiver shall be provided with access to the patient's health information and discharge plan, when applicable, if the patient or the court-appointed guardian for the patient has authorized a release of such information in compliance with the Health Insurance Portability and Accountability Act of 1996 and the commonwealth's privacy laws and regulations and in accordance with the hospital's established procedures for obtaining the authorization.
If a patient is unconscious or incapacitated upon entry into a hospital and does not have a court-appointed guardian, the hospital shall provide the patient, upon recovery of consciousness and capacity, with the opportunity to designate a caregiver. The designated caregiver may be changed by a court-appointed guardian, if any, or by the patient at any time if the patient is competent and capable, as determined by the treating health care provider and the change is provided to the appropriate hospital personnel prior to the patient's discharge or transfer.
A patient or the patient's court-appointed guardian shall not be required to designate a caregiver and nothing in this section shall require a person so designated to perform any aftercare tasks for a patient.
The discussion with a caregiver relative to after care shall occur in a manner agreed to by the caregiver and the hospital; provided, however, that such discussion shall take into consideration:
The discussion of aftercare shall include:
Mass. Gen. Laws ch. 111, § 236