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HF 445

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/08/2015 07:57am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/29/2015
1st Engrossment Posted on 03/19/2015

Current Version - 1st Engrossment

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A bill for an act
relating to health; providing patients with specific notices; proposing coding for
new law in Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [144.586] REQUIREMENTS FOR CERTAIN NOTICES AND
DISCHARGE PLANNING.
new text end

new text begin Subdivision 1. new text end

new text begin Observation stay notice. new text end

new text begin (a) Each hospital, as defined under
section 144.50, subdivision 2, shall provide oral and written notice to each patient that
the hospital places in observation status of such placement not later than 24 hours after
such placement. The oral and written notices must include:
new text end

new text begin (1) a statement that the patient is not admitted to the hospital but is under observation
status;
new text end

new text begin (2) a statement that observation status may affect the patient's Medicare coverage for:
new text end

new text begin (i) hospital services, including medications and pharmaceutical supplies; or
new text end

new text begin (ii) home or community-based care or care at a skilled nursing facility upon the
patient's discharge; and
new text end

new text begin (3) a recommendation that the patient contact his or her health insurance provider
or the Office of the Ombudsman for Long-Term Care or Office of the Ombudsman for
State Managed Health Care Programs or the Beneficiary and Family Centered Care
Quality Improvement Organization to better understand the implications of placement in
observation status.
new text end

new text begin (b) The hospital shall document the date in the patient's record that the notice
required in paragraph (a) was provided to the patient, the patient's designated
representative such as the patient's health care agent, legal guardian, conservator, or
another person acting as the patient's representative.
new text end

new text begin Subd. 2. new text end

new text begin Postacute care discharge planning. new text end

new text begin Each hospital, including hospitals
designated as critical access hospitals, must comply with the federal hospital requirements
for discharge planning which include:
new text end

new text begin (1) conducting a discharge planning evaluation that includes an evaluation of:
new text end

new text begin (i) the likelihood of the patient needing posthospital services and of the availability
of those services; and
new text end

new text begin (ii) the patient's capacity for self-care or the possibility of the patient being cared for
in the environment from which he or she entered the hospital;
new text end

new text begin (2) timely completion of the discharge planning evaluation under clause (1) by
hospital personnel so that appropriate arrangements for posthospital care are made before
discharge, and to avoid unnecessary delays in discharge;
new text end

new text begin (3) including the discharge planning evaluation under clause (1) in the patient's
medical record for use in establishing an appropriate discharge plan. The hospital must
discuss the results of the evaluation with the patient or individual acting on behalf of the
patient. The hospital must reassess the patient's discharge plan if the hospital determines
that there are factors that may affect continuing care needs or the appropriateness of
the discharge plan; and
new text end

new text begin (4) providing counseling, as needed, for the patient and family members or interested
persons to prepare them for posthospital care. The hospital must provide a list of available
Medicare eligible home care agencies or skilled nursing facilities that serve the patient's
geographic area, or other area requested by the patient if such care or placement is
indicated and appropriate. Once the patient has designated their preferred providers, the
hospital will assist the patient in securing care covered by their health plan or within the
care network. The hospital must not specify or otherwise limit the qualified providers that
are available to the patient. The hospital must document in the patient's record that the list
was presented to the patient or to the individual acting on the patient's behalf.
new text end