Senator Ken LaValle Announces Caregiver Act Passes Senate

Kenneth P. LaValle

May 7, 2015

LaValle-sponsored bill is AARP’s top legislative priority for 2015

April 23, 2015 – Senator Ken LaValle announced the Caregiver Advise, Record, and Enable (CARE) Act”, which he sponsored, has passed the state senate.  The measure aims to help caregivers receive the necessary resources to provide care to older adults and others with long-term health needs at home after hospitalization.

Senator LaValle said, “It’s important that patients and caregivers are provided the necessary information and resources prior to hospital discharge.  By involving the caregiver in the discharge plan and providing personalized instruction on post discharge care, this legislation will make a real difference in patient care and health outcomes.”

The CARE Act (S676A) would help address these challenges by having caregivers and hospitals work together in the development of a care plan.  Upon admission to a hospital, a patient would be able to designate a caregiver in the patient's medical record.  Prior to the patient's discharge to their residence or transfer to another facility, the hospital would need to notify and offer to meet with the designated caregiver to discuss the patient's plan of care and offer to adequately train the designated caregiver in certain aftercare tasks.  Hospitals would be required to offer that caregiver instruction and demonstrations of medical tasks they are being expected to provide for their loved ones at home, such as administering multiple medications, dressing wounds and operating medical equipment.

At any given time, an estimated 4.1 million New Yorkers provide varying degrees of unreimbursed care to adults with limitations in daily activities. While most caregivers are asked to assist an individual with basic activities of daily living, such as mobility, eating, and dressing, many are expected to perform complex tasks on a daily basis such as administering multiple medications, providing wound care, and operating medical equipment.

Despite the vast importance of caregivers in the individual's day-to-day care, many caregivers find that they are often left out of discussions involving a patient's care while in the hospital and, upon the patient's discharge, receive little to no instruction in the tasks they are expected to perform.

AARP identifies the legislation as their top priority legislation for 2015 and has lobbied for its passage. They point to support from a wide range of organizations representing consumers, health advocates and seniors and people with disabilities.  This legislation would help more New Yorkers age in their own homes, rather than in costly, taxpayer-funded nursing homes or other institutional settings.

The CARE Act has been transferred to the State Assembly for consideration.