CARE Act Legislation Signed Into Law By Governor Snyder and Set to Take Effect July 12th
The Michigan CARE Act, recently signed into law by Governor Snyder, is set to take effect on July 12, 2016. Michigan becomes the 29th state to enact the CARE Act, which is intended to support and equip family caregivers with information and training when loved ones go into the hospital and as they transition home. A copy of Public Act No. 85 is available here (We have identified that the following link is no longer active, and it has been removed).
The new law will require hospitals to:
- Record the name of the family caregiver at admission (plus relationship to patient, telephone number, and other contact information);
- Notify the family caregiver when the patient is going to be discharged or moved to another facility; and
- Provide instructions to the caregiver about any medication and treatment instructions (i.e., the discharge plan) he or she will need to perform when the patient returns home.
As part of the process of providing instructions to caregivers, the CARE Act requires that such instructions be communicated, to the extent possible, in “nontechnical language” and in a “culturally competent manner” and in accordance with the hospital's language access services. The discharge instructions also must be documented in the patient’s file, including, at a minimum, “the date, time, and contents of the instruction.”
The legislation was supported by the AARP, as well as nurses, who have been pushing a nationwide effort to lobby states to adopt the CARE Act. The Michigan Health & Hospital Association opposed the bill.
With the implementation of the CARE Act a little over a month away, it’s important that hospitals, physicians, nurses and other staff members involved in the care and discharge of patients begin preparing for the law’s requirements. If you have any questions, or require assistance regarding compliance, please contact Gary J. McRay at (517) 371-8285 or Julie L. Hamlet at (616) 796-2515.
Gary has nearly 40 years of experience and has earned a reputation for handling sophisticated transactions for hospitals, managed care organizations, HMOs, health insurers, physician groups and other provider entities and for helping his clients stay on top of complex regulatory issues, such as Anti-Kickback Statute, Stark II, Medicare, Medicaid, and BCBSM reimbursement appeals.View All Posts by Author ›
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Best Lawyers® 2021
Congratulations to the attorneys of the Health Care practice group at Foster Swift Collins & Smith, PC for their inclusion in the Best Lawyers in America 2021 edition. Firm-wide, 44 lawyers were listed. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation and as lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Health Care practice group members listed in Best Lawyers are as follows:
- Gilbert M. Frimet, Southfield
- Richard C. Kraus, Lansing
- Gary J. McRay, Lansing
- Jennifer B. Van Regenmorter, Holland
To see the full list of Foster Swift attorneys listed in Best Lawyers 2021, click here.