Notice of an individual's emergency transportation, examination, and hospitalization under this subpart may be given to at least one of the following persons in the following order of priority: the individual's spouse or reciprocal beneficiary, legal parents, adult children, surrogate, legal guardian, or if none can be found, the closest adult relative, as long as the individual:

1. (1) Has capacity to make health care decisions and consents that notice may be given to at least one of the persons listed in this section;
2. (2) Is given the opportunity to object and does not object, or the health care provider can reasonably infer from the circumstances based on the exercise of professional judgment that the individual does not object; or

3. (3) Is incapacitated or an emergency circumstance exists, and the health care provider determines, based on the exercise of professional judgment, that giving notification is in the best interest of the individual.

   The staff of the facility shall make reasonable efforts to ensure that the patient's family, including a reciprocal beneficiary, is notified of the emergency hospitalization, unless the patient is an adult and waives notification.

[L 2025, c 219, pt of §3]