Montana Code 50-5-704. Instruction to designated lay caregiver
50-5-704. Instruction to designated lay caregiver. (1) As soon as practicable and before a patient’s discharge, the hospital shall:
Terms Used In Montana Code 50-5-704
- Aftercare: means assistance provided by a lay caregiver to a patient after the patient's discharge from a hospital and limited to the patient's condition at the time of discharge, including but not limited to assistance with:
(a)basic activities of daily living;
(b)instrumental activities of daily living; and
(c)medical or nursing tasks that do not require a licensed professional. See Montana Code 50-5-701
- Discharge: means a patient's exit or release from a hospital to the patient's residence after an inpatient hospital admission. See Montana Code 50-5-701
- Hospital: means a hospital, critical access hospital, or rural emergency hospital as those terms are defined in 50-5-101. See Montana Code 50-5-701
- Lay caregiver: means an individual designated as a lay caregiver by a patient or the patient's legal representative to provide aftercare to a patient in the patient's residence. See Montana Code 50-5-701
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Residence: means a dwelling that the patient considers to be the patient's home, including the home of a lay caregiver, relative, or friend. See Montana Code 50-5-701
(a)consult with the lay caregiver and the patient;
(b)issue a discharge plan that describes a patient’s aftercare needs at the patient’s residence; and
(c)provide the lay caregiver with an opportunity for instruction in the aftercare tasks described in the discharge plan.
(2)At a minimum, a discharge plan prepared pursuant to this section must:
(a)note the name and contact information of the lay caregiver;
(b)describe all aftercare tasks necessary to maintain the patient’s ability to remain in the patient’s residence, taking into account the capabilities and limitations of the lay caregiver; and
(c)provide contact information for relevant followup care and for resources needed to successfully carry out the discharge plan.
(3)Instruction for the lay caregiver may be conducted in person, by telephone, or by video technology at the discretion of the lay caregiver. At a minimum, the instruction shall:
(a)be provided, to the extent possible, in nontechnical language;
(b)give the lay caregiver and patient an opportunity to ask questions about the aftercare tasks; and
(c)in a culturally competent manner, provide answers to the lay caregiver’s and patient’s questions.
(4)Instruction required pursuant to this section must be appropriately documented. At a minimum, the documentation must include the date, time, and contents of the instruction.
(5)Nothing in this section may delay the patient’s discharge or transfer to another facility.