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Capital IconMinnesota Legislature

HF 445

as introduced - 89th Legislature (2015 - 2016) Posted on 01/29/2015 01:53pm

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


Section 1.

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
new text end

new text begin (2) a statement that observation status may affect the patient's Medicare, Medicaid,
or private insurance coverage for (i) hospital services, including medications and
pharmaceutical supplies, or (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 written notice required in paragraph (a) shall be signed and dated by the
patient receiving the notice or an individual designated by the patient such as the patient's
legal guardian, conservator, or other authorized representative, and a copy of the signed
written notice shall be retained by the hospital.
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 (i) the
likelihood of the patient needing posthospital services and of the availability of those
services; and (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 item (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 item (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;
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 include in the discharge
plan a list of home health agencies or skilled nursing facilities that are available to the
patient, participating in the Medicare program, and serve the geographic area in which the
patient resides, or in the case of a skilled nursing facility, in the geographic area requested
by the patient. Home health agencies must request to be listed by the hospital as available.
This list must only be presented to patients for whom home health care or posthospital
extended care services are indicated and appropriate as determined by the discharge
planning evaluation. For patients enrolled in managed care organizations, the hospital
must indicate the availability of home health and posthospital extended care services
through individuals and entities that have a contract with the managed care organizations.
The hospital must document in the patient's medical record that the list was presented to
the patient or to the individual acting on the patient's behalf; and
new text end

new text begin (5) informing the patient or the patient's family, as part of the discharge planning
process, of their freedom to choose among participating Medicare providers of
posthospital care services and respecting, when possible, patient and family preferences
when those preferences are expressed. The hospital must not specify or otherwise limit the
qualified providers that are available to the patient.
new text end