(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. (b) If a patient or the legal guardian of a patient declines to designate a lay caregiver: (1) The hospital shall document the decision in the patient's medical record; and (2) The hospital shall be deemed to be in compliance with the provisions of this part. (c) If a patient or the legal guardian of a patient designates a lay caregiver, the hospital shall: (1) Record in the patient's medical record: (i) The designation of the lay caregiver; (ii) The relationship of the lay caregiver to the patient; and (iii) The name, telephone number, and address of the lay caregiver; and (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: (i) The procedures of the hospital for releasing personal health information; and (ii) All applicable federal and State laws. (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) Provide to the lay caregiver the notice required under § 19-382 of this part; or (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. (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. (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. (g) This section may not be construed to require a patient or the legal guardian of a patient to designate a lay caregiver.
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