C.R.S. Section 25-1-128
Designation of caregiver

  • notice
  • instructions
  • definitions
  • rules

(1)

As used in this section:

(a)

“Aftercare” means assistance provided by a caregiver to a patient in the patient’s residence after the patient’s discharge from a hospital, following an inpatient hospital stay, and may include: Assisting with basic activities of daily living; assisting with instrumental activities of daily living; and carrying out medical or nursing tasks such as managing wound care, assisting in administering medications, and operating medical equipment.

(b)

“Caregiver” means a person eighteen years of age or older designated by a patient to provide aftercare to a patient living in his or her residence.

(c)

“Hospital” means a facility currently licensed or certified by the department as a general hospital pursuant to the department’s authority under sections 25-1.5-103 and 25-3-101.

(d)

“Residence” means the patient’s home. “Residence” does not include a rehabilitation facility, hospital, nursing home, assisted living facility, or licensed group home.

(2)

Intentionally left blank —Ed.

(a)

A hospital shall give each patient or the patient’s legal guardian the opportunity to designate at least one caregiver no later than twenty-four hours after the patient’s admission to the hospital and prior to the patient’s release from the hospital or nonemergency transfer to another facility.

(b)

If a patient is unconscious or incapacitated upon his or her admission to the hospital, the hospital shall give the patient or the patient’s legal guardian the opportunity to designate a caregiver as soon as practicable after the patient’s recovery of consciousness or capacity.

(c)

A patient or patient’s legal guardian is not obligated to designate a caregiver at any time.

(d)

If the patient or the patient’s legal guardian declines to designate a caregiver, the hospital shall document this in the patient’s medical record.

(3)

Intentionally left blank —Ed.

(a)

If the patient or the patient’s legal guardian designates a caregiver, the hospital shall request consent from the patient or the patient’s legal guardian to release medical information to the caregiver.

(b)

The hospital shall record the designation of the caregiver, the relationship of the caregiver to the patient, and the name, telephone number, and address of the caregiver in the patient’s medical record.

(c)

A patient or the patient’s legal guardian may change the caregiver designation at any time. The hospital shall record the change in the patient’s medical record within twenty-four hours of the change.

(d)

This section does not obligate a person designated as a caregiver to perform aftercare tasks for a patient.

(4)

If a patient or the patient’s legal guardian designates a caregiver, the hospital shall notify the patient’s caregiver of the patient’s discharge or transfer to another facility as soon as practicable, which may be after the patient’s physician issues a discharge order. If the hospital is unable to contact the caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient or the appropriate discharge of the patient. The hospital shall promptly document the attempt in the patient’s medical record.

(5)

Intentionally left blank —Ed.

(a)

As soon as possible and prior to the patient’s release from the hospital, the hospital shall consult with the patient or the patient’s legal guardian and the caregiver and issue a discharge plan that describes the patient’s aftercare needs. The discharge plan must include:

(I)

The name and contact information of the caregiver, as provided by the caregiver;

(II)

A description of the aftercare tasks necessary to maintain the patient’s ability to reside in his or her residence; and

(III)

Contact information for any health-care, community resources, and long-term services and support necessary to successfully carry out a patient’s discharge plan.

(b)

The hospital shall provide the caregiver with instructions concerning all aftercare tasks described in the discharge plan. The instructions shall include:

(I)

A live demonstration of the aftercare tasks performed by a hospital employee or other authorized individual and provided in a culturally competent manner and in accordance with the hospital’s requirements to provide language access services;

(II)

An opportunity for the caregiver and the patient or the patient’s legal guardian to ask questions about the aftercare tasks; and

(III)

Answers to the caregiver’s, patient’s, and patient’s legal guardian’s questions in a culturally competent manner and in accordance with the hospital’s requirements to provide language access services.

(c)

The hospital shall document the instructions required in this subsection (5) in the patient’s medical record, including the date, time, and contents of the instructions, and whether the caregiver accepted or refused the offer of instruction.

(6)

Nothing in this section:

(a)

Interferes with the rights of an agent acting under a valid health-care directive;

(b)

Creates a private right of action against a hospital, a hospital employee, or a person with whom the hospital has a contractual relationship;

(c)

Creates additional civil or regulatory liability for a hospital or hospital employee;

(d)

Supersedes or replaces existing rights or remedies under any other law; or

(e)

Affects a license issued to a hospital pursuant to section 25-3-102.

(7)

The board of health may promulgate rules to ensure compliance with this section.

Source: Section 25-1-128 — Designation of caregiver - notice - instructions - definitions - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑1‑101
Construction of terms
25‑1‑101.5
Authority of revisor of statutes to amend references to department - affected statutory provisions
25‑1‑102
Department created - executive director - divisions
25‑1‑103
State board of health created
25‑1‑104
State board - organization
25‑1‑105
Executive director - chief medical officer - qualifications - salary - office
25‑1‑106
Division personnel
25‑1‑107.5
Additional authority of department - rules - remedies against nursing facilities - criteria for recommending assessments for civil penalties - cooperation with department of health care policy and financing - nursing home penalty cash fund - nursing home innovations grant board - reports - transfer of contracts to the department
25‑1‑108
Powers and duties of state board of health - rules
25‑1‑109
Powers and duties of division of administration
25‑1‑110
Higher standards permissible
25‑1‑112
Legal adviser - attorney general - actions
25‑1‑113
Judicial review of decisions
25‑1‑114
Unlawful acts - penalties
25‑1‑114.1
Civil remedies and penalties
25‑1‑114.5
Voluntary disclosure arising from self-evaluation - presumption against imposition of administrative or civil penalties
25‑1‑114.6
Implementation of environmental self-audit law - pilot project - legislative declaration
25‑1‑115
Treatment - religious belief
25‑1‑116
Licensed healing systems not affected
25‑1‑117
Acquisition of federal surplus property
25‑1‑120
Nursing facilities - rights of patients
25‑1‑121
Patient grievance mechanism - institution’s obligations to patient
25‑1‑122
Named reporting of certain diseases and conditions - access to medical records - confidentiality of reports and records
25‑1‑122.5
Confidentiality of genetic testing records - “Uniform Parentage Act”
25‑1‑123
Restructure of health and human services - development of plan - participation of department required
25‑1‑124
Health-care facilities - consumer information - reporting - release
25‑1‑124.5
Nursing care facilities - employees - record check - adult protective services data system check - definition
25‑1‑124.7
Health facilities - employees - adult protective services data system check
25‑1‑125
Applications for licenses - authority to suspend licenses - rules
25‑1‑128
Designation of caregiver - notice - instructions - definitions - rules
25‑1‑130
Standing order - post-exposure prophylaxis - definition
25‑1‑131
Firearms safe storage education campaign
25‑1‑132
Two-year appropriation to the department - repeal
25‑1‑133
Environmental justice action task force - report - repeal
25‑1‑134
Environmental justice - ombudsperson - advisory board - grant program - definitions - repeal
25‑1‑135
Health-care services reserve corps task force - created - powers and duties - report - repeal
25‑1‑136
Kidney disease prevention and education task force - created - powers and duties - report - selection of chair and vice-chair - sunset review - repeal
25‑1‑137
Task force to reduce youth violence, suicide, and delinquency risk factors - creation - membership - reporting - definitions
25‑1‑401
Office of state chemist created
25‑1‑402
Employment of assistants
25‑1‑403
Analyses of food and drugs
25‑1‑404
Certificate presumptive evidence
25‑1‑501
Legislative declaration
25‑1‑502
Definitions
25‑1‑503
State board - public health duties
25‑1‑504
Comprehensive public health plan - development - approval - reassessment - cash fund
25‑1‑505
County and district public health plans - approval
25‑1‑506
County or district public health agency
25‑1‑507
Municipal board of health
25‑1‑508
County or district boards of public health - public health directors
25‑1‑509
County and district public health directors
25‑1‑510
County or district board unable or unwilling to act
25‑1‑511
County treasurer - agency funds
25‑1‑512
Allocation of moneys - public health services support fund - created
25‑1‑513
Enlargement of or withdrawal from public health agency
25‑1‑514
Legal adviser - county attorney - actions
25‑1‑515
Judicial review of decisions
25‑1‑516
Unlawful acts - penalties
25‑1‑517
Mode of treatment inconsistent with religious creed or tenet
25‑1‑518
Nuisances
25‑1‑519
Existing intergovernmental agreements
25‑1‑520
Clean syringe exchange programs - operation - approval - reporting requirements
25‑1‑801
Patient records in custody of health-care facility - definitions
25‑1‑802
Patient records in custody of individual health-care providers
25‑1‑803
Effect of this part 8 on similar rights of a patient
25‑1‑1001
Legislative declaration
25‑1‑1002
Definitions
25‑1‑1003
Grant program - requirements - use of medical assistance funds prohibited
25‑1‑1004
Study of statutes and rules and regulations pertaining to nursing home facilities and day care centers
25‑1‑1201
Legislative declaration
25‑1‑1202
Index of statutory sections regarding medical record confidentiality and health information
25‑1‑1203
Electronic storage of medical records
25‑1‑1204
Online exchange of advanced directives forms permitted
25‑1‑1301
Short title
25‑1‑1302
Legislative declaration
25‑1‑1303
Grants for research - reports to general assembly
25‑1‑1501
Legislative declaration
25‑1‑1502
Definitions
25‑1‑1503
Colorado rare disease advisory council - creation
25‑1‑1504
Council membership
25‑1‑1505
Activities carried out by the council - duties
25‑1‑1506
Department - fiscal agent
25‑1‑1507
Council facilitator - duties
25‑1‑1508
Council meetings - requirements - transparency - information
25‑1‑1509
Reporting - recommendations
25‑1‑1510
Funding - gifts, grants, or donations
25‑1‑1511
Repeal of part - sunset review
Green check means up to date. Up to date

Current through Fall 2024

§ 25-1-128’s source at colorado​.gov