Skip to main content
Find a Lawyer

Maryland Code, Health-General § 19-381

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Maryland Code, Health-General § 19-381 - last updated January 01, 2025 | https://codes.findlaw.com/md/health-general/md-code-health-gen-sect-19-381/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard