(1) A hospital shall give each patient or patient’s legal guardian the opportunity to designate at least one caregiver as soon as practicable and prior to the patient’s release. (2) 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 possible after the patient’s recovery of consciousness or capacity. (3) A patient or his or her legal guardian is not required to designate a caregiver at any time. If a patient or a patient's legal guardian declines to designate a caregiver, the hospital shall document this fact in the patient’s medical record.
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