Revision: March 22, 2013, midnight
SB 87 – AS AMENDED BY THE SENATE
03/21/13 0850s
03/21/13 0930s
2013 SESSION
01/04
SENATE BILL 87
AN ACT relative to the patients’ bill of rights.
SPONSORS: Sen. Gilmour, Dist 12; Sen. Reagan, Dist 17; Sen. Soucy, Dist 18; Sen. Odell, Dist 8; Rep. M. Nelson, Hills 35
COMMITTEE: Health, Education and Human Services
This bill clarifies the patients’ bill of rights as it applies to home health care providers. The bill also establishes parameters for discharge or transfer from home health care.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/21/13 0850s
03/21/13 0930s
13-0858
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to the patients’ bill of rights.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Patients’ Bill of Rights; Definitions. Amend RSA 151:19, I-a and II to read as follows:
I-a. “Discharge” means movement of a patient from a facility to a non-institutional setting or the termination of services by a home health care provider when the discharging facility or home health care provider ceases to be legally responsible for the care of the patient.
II. “Facility” means any hospital, [or other facility,] building, residence, or other place or part thereof, licensed under the provisions of RSA 151:2. [For the purposes of RSA 151:21, this definition of facility shall not include private homes where home care services are provided.] For the purposes of RSA 151:21, RSA 151:25, and RSA 151:26, “facility” shall not include home health care providers, or private homes where home care services are provided.
2 Patients’ Bill of Rights; Definitions. Amend RSA 151:19, VI and VII to read as follows:
VI. “Patients’ rights”[,] or “rights” means those rights established under RSA 151:21 or RSA 151:21-b, as applicable.
VII. “Transfer” means movement of a patient from one facility to another facility when the legal responsibility for the care of the patient changes from the transferring to the receiving facility. Transfer shall not include the temporary movement of a patient from a facility to a hospital or other location for emergency medical treatment, as long as the facility is in compliance with RSA 151:25. In the event a facility refuses to readmit a patient in accordance with RSA 151:25 following a therapeutic leave, a transfer shall be deemed to have occurred when the decision not to readmit is made. Transfer shall not include movement of a client from a home care to an institutional setting or the shifting of service provision from one home health care provider to another.
3 Patients’ Bill of Rights; Definitions. Amend the introductory paragraph of RSA 151:21 to read as follows:
The policy describing the rights and responsibilities of each patient admitted to [the] a facility, except those admitted by a home health care provider, shall include, as a minimum, the following:
4 Home Care Clients’ Bill of Rights. Amend RSA 151:21-b, I to read as follows:
I. Home health care providers shall provide [their clients] each client or client’s legal representative with a written copy of the rights and responsibilities listed in paragraphs II and III of this section in advance of or during the initial evaluation visit and before initiation of care. These rights apply only to the services delivered by or on behalf of the home health care provider. If a client cannot read the statement of rights it shall be read to the client in a language such client understands. For a minor or a client needing assistance in understanding these rights, both the client and the [parent or legal guardian or other responsible person] client’s legal representative shall be fully informed of these rights.
5 Home Care Clients’ Bill of Rights. Amend RSA 151-21-b, II(c) to read as follows:
(c) Participate in the development and periodic revision of the plan of care, and to be informed in advance of any changes to the plan or intent to discharge except as provided in RSA 151:26-a, III.
6 Home Care Clients’ Bill of Rights. Amend the introductory paragraph and subparagraphs (a) and (b) of RSA 151:21-b, III to read as follows:
III. The provider has the right to expect the client or the client’s legal representative will:
(a) Give accurate and complete health information.
(b) [Assist in creating and maintaining a safe home environment in which care will be delivered.] Create and maintain an environment that is safe and free from sexual or other forms of harassment by the client or others in the home. For the purposes of this subparagraph, an environment is unsafe if there exists significant potential to cause injury or harm to the home care provider.
7 New Paragraph; Home Care Clients’ Bill of Rights. Amend RSA 151:21-b by inserting after paragraph IV the following new paragraph:
V. Home health care providers shall not be subject to the provisions of RSA 151:21.
8 New Paragraph; Temporary Absence. Amend RSA 151:25 by inserting after paragraph II the following new paragraph:
III. This section shall not apply to home health care providers.
9 Transfer or Discharge of Patients. Amend RSA 151:26, I and the introductory paragraph of II (a) to read as follows:
I. A facility subject to RSA 151:21 shall not transfer or discharge a patient except for those reasons listed under RSA 151:21, V.
II.(a) Transfer or discharge of a patient from a facility subject to RSA 151:21 shall in all instances be preceded by written notice which shall contain the following:
10 New Section; Discharge of Home Care Clients. Amend RSA 151 by inserting after section 26 the following new section:
151:26-a Discharge of Home Care Clients.
I. Except as provided in paragraph III, a home health care provider shall provide a minimum of 7 days written notice of intent to discharge a client unless a shorter time is mandated in state or federal law or by a third party insurance policy.
II. Any written notice required in this section shall be provided to the client or the client’s legal representative and a copy shall be placed in the client’s clinical record. The content of the written notice shall include, at a minimum, the following:
(a) The reason for the discharge.
(b) The effective date of the discharge.
(c) The identity of and contact information for the service provider, if any, who has or will be taking on legal responsibility for the care of the client.
(d) The telephone number for the state’s home health hotline per state and federal regulations.
III.(a) A home health care provider may discharge a client immediately if:
(1) The environment in which care is being delivered is unsafe or not free from sexual or other forms of harassment. For the purposes of this subparagraph, an environment is unsafe if there exists significant potential to cause injury or harm to the home care provider.
(2) The discharge is initiated at the request of the client or the client’s legal representative.
(b) Written notice in accordance with paragraph II shall be provided as soon as practicable after a discharge under this paragraph.
11 Effective Date. This act shall take effect January 1, 2014.