1. (a) A hospital shall provide a patient or the legal guardian of a patient with an opportunity to designate one lay caregiver before discharge of the patient.

2. (b) If a patient or the legal guardian of a patient declines to designate a lay caregiver:

   1. (1) The hospital shall document the decision in the patient's medical record; and
   2. (2) The hospital shall be deemed to be in compliance with the provisions of this part.

3. (c) If a patient or the legal guardian of a patient designates a lay caregiver, the hospital shall:

   1. (1) Record in the patient's medical record:

      1. (i) The designation of the lay caregiver;
      2. (ii) The relationship of the lay caregiver to the patient; and
      3. (iii) The name, telephone number, and address of the lay caregiver; and

   2. (2) Request the written consent of the patient or the legal guardian of the patient to release medical information to the lay caregiver in accordance with:

      1. (i) The procedures of the hospital for releasing personal health information; and
      2. (ii) All applicable federal and State laws.

4. (d) If a patient or the legal guardian of a patient declines to consent to the release of medical information to the lay caregiver, the hospital is not required to:

   1. (1) Provide to the lay caregiver the notice required under § 19-382 of this part; or
   2. (2) Consult with the lay caregiver or provide to the lay caregiver information contained in the discharge plan issued under § 19-383 of this part.
5. (e) A patient or the legal guardian of a patient may change the designation of a lay caregiver in the event the lay caregiver becomes incapacitated.
6. (f) A designation of a lay caregiver by a patient or the legal guardian of a patient under this section does not obligate an individual to perform any aftercare for the patient.
7. (g) This section may not be construed to require a patient or the legal guardian of a patient to designate a lay caregiver.

Added by Acts 2016, c. 376, § 1, eff. Oct. 1, 2016; Acts 2016, c. 377, § 1, eff. Oct. 1, 2016.