MCA Chapter 133

in effect

Miss. Code Ann. § 41-133-1 Definitions.

For the purposes of this chapter: “Aftercare” means any assistance provided by a designated lay caregiver to an individual under this chapter after the patient’s discharge from a hospital. The assistance may include tasks that are limited to the patient’s condition at the time of discharge that do not require a licensed professional. “Discharge” means a patient’s exit or release from a hospital to the patient’s residence after any inpatient stay. “Hospital” means a facility licensed under the provisions of Section 41-9-1 et seq. “Lay caregiver” means any individual eighteen (18) years of age or older, including next-of-kin, duly designated as a lay caregiver under this chapter who provides aftercare assistance to a patient in the patient’s residence. “Residence” means a dwelling considered by a patient to be his or her home, not including any hospital, nursing home, rehabilitation facility, assisted living facility or group home licensed by the State Department of Health.

Miss. Code Ann. § 41-133-3 Opportunity to designate lay caregiver; timing; by whom.

Upon inpatient admission to a hospital, each patient or patient’s legal guardian shall have the opportunity to designate one (1) lay caregiver after the patient’s admission into a hospital and before the patient’s discharge to the residence. If the patient is unconscious or otherwise incapacitated upon inpatient admission to the hospital, the patient’s legal guardian shall have an opportunity to designate one (1) lay caregiver after the patient’s recovery of consciousness or capacity, so long as the designation or lack of designation does not interfere with, delay or otherwise affect the medical care provided to the patient. If the patient or the patient’s legal guardian does not designate a lay caregiver under this chapter, the hospital shall document that in the patient’s medical record. If the patient or the patient’s legal guardian designates a lay caregiver under this subsection (1), the hospital shall promptly request the written consent of the patient or the patient’s legal guardian to release medical information to the designated lay caregiver in accordance with the hospital’s established procedures for releasing personal health information and in compliance with applicable state and federal law. If the patient or the patient’s legal guardian does not consent to the release of medical information to the designated lay caregiver, the hospital is not required to provide notice to the lay caregiver under Section 41-133-5. If the patient or the patient’s legal guardian designates a lay caregiver under this subsection (1), the hospital shall record the designation of the lay caregiver, the relationship of the lay caregiver to the patient, and the name, telephone number and physical address of the designated lay caregiver in the patient’s medical record. A patient or the patient’s legal guardian may elect to change his or her designated lay caregiver if the lay caregiver becomes incapacitated. Designation of a lay caregiver by a patient or a patient’s legal guardian under this chapter does not obligate any individual to perform any aftercare tasks for the patient. This section shall not be construed so as to require a patient or a patient’s legal guardian to designate any individual as a lay caregiver.

Miss. Code Ann. § 41-133-5 Notification to designated lay caregiver of patient’s discharge.

If a patient or the patient’s legal guardian has designated a lay caregiver under this chapter, a hospital shall notify the designated lay caregiver of the patient’s discharge to the patient’s residence or transfer to another licensed facility as soon as practicable. If the hospital is unable to contact the designated lay caregiver, the lack of contact shall not interfere with, delay or otherwise affect the medical care provided to the patient, or an appropriate discharge of the patient.

Miss. Code Ann. § 41-133-7 Providing information about aftercare to patient and designated lay caregiver.

If a patient or patient’s legal guardian has designated a lay caregiver, a hospital employee shall provide an opportunity for the caregiver and patient to ask questions about the aftercare tasks and shall discuss the discharge plan with the caregiver in a competent manner and in accordance with the hospital’s requirements under state and federal law.

Miss. Code Ann. § 41-133-9 Chapter not to interfere with rights under Uniform Health-Care Decisions Act.

Nothing in this chapter shall be construed to interfere with the rights of a person legally authorized to make health care decisions under the Uniform Health-Care Decisions Act, Section 41-41-201 et seq. Nothing in this chapter shall be construed to create a private right of action against a hospital, hospital employee, a duly authorized agent of the hospital, or otherwise supersede or replace existing rights or remedies under any other general or special law.

Miss. Code Ann. § 41-133-11 Use of state or federal funds for payment to lay caregiver prohibited.

No state or federal funds shall be used for payment to any lay caregiver as defined in this chapter after discharge from a hospital, and no state or federal program funding shall be impacted by this chapter.