2017 ORS 441.198¹
Discharge to care of lay caregiver

(1) As used in this section:

(a) “Aftercare” includes all of the following:

(A) Assistance with activities of daily living or instrumental activities of daily living.

(B) Medical or nursing tasks such as wound care, the administration of medications and the operation of medical equipment.

(C) Other assistance provided by a caregiver to a patient, following the patient’s discharge, that is related to the patient’s condition at the time of discharge.

(b) “Discharge” means a patient’s release from a hospital following the patient’s admission to the hospital.

(c) “Lay caregiver” means an individual who, at the request of a patient, agrees to provide aftercare to the patient in the patient’s residence.

(2) A hospital shall adopt and maintain written discharge policies. The policies must include the following components:

(a) Hospital staff assess the patient’s ability for self-care after discharge;

(b) The patient is provided an opportunity to designate a lay caregiver;

(c) The patient and lay caregiver are given the opportunity to participate in the discharge planning;

(d) The patient and lay caregiver are provided instruction or training, prior to discharge, as necessary for the lay caregiver to perform medical and nursing aftercare following discharge; and

(e) The patient’s lay caregiver is notified of the patient’s discharge or transfer.

(3) The discharge policies must specify the requirements for documenting:

(a) The lay caregiver who is designated by the patient; and

(b) The details of a discharge plan.

(4) The discharge policies may incorporate established evidence-based practices, including but not limited to:

(a) Standards for accreditation adopted by the Joint Commission or other nationally recognized hospital accreditation organization; or

(b) The Conditions of Participation for hospitals adopted by the Centers for Medicare and Medicaid Services.

(5) The discharge policies must ensure that the discharge planning is appropriate to the condition of the patient and shall be interpreted in a manner and as necessary to meet the needs and acuity of the patient and the abilities of the lay caregiver.

(6) This section does not require a hospital to adopt discharge policies that would:

(a) Delay a patient’s discharge or transfer to another facility; or

(b) Require the disclosure of protected health information without obtaining a patient’s consent as required by state and federal laws governing health information privacy and security. [2015 c.263 §2]

Chapter 441

Atty. Gen. Opinions

Licensing and phantom beds, (1970) Vol 40, p 171; a hospital’s employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963

1 Legislative Counsel Committee, CHAPTER 441—Health Care Facilities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors441.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 441, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano441.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.