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.
Current as of January 01, 2025 | Updated by Findlaw Staff
(1) Upon inpatient admission to a hospital, each patient or patient's legal guardian shall have the opportunity to designate one (1) lay caregiver after the patient's admission into a hospital and before the patient's discharge to the residence.
(a) If the patient is unconscious or otherwise incapacitated upon inpatient admission to the hospital, the patient's legal guardian shall have an opportunity to designate one (1) lay caregiver after the patient's recovery of consciousness or capacity, so long as the designation or lack of designation does not interfere with, delay or otherwise affect the medical care provided to the patient.
(b) If the patient or the patient's legal guardian does not designate a lay caregiver under this chapter, the hospital shall document that in the patient's medical record.
(c) If the patient or the patient's legal guardian designates a lay caregiver under this subsection (1), the hospital shall promptly request the written consent of the patient or the patient's legal guardian to release medical information to the designated lay caregiver in accordance with the hospital's established procedures for releasing personal health information and in compliance with applicable state and federal law.
(d) If the patient or the patient's legal guardian does not consent to the release of medical information to the designated lay caregiver, the hospital is not required to provide notice to the lay caregiver under Section 41-133-5.
(e) If the patient or the patient's legal guardian designates a lay caregiver under this subsection (1), the hospital shall record the designation of the lay caregiver, the relationship of the lay caregiver to the patient, and the name, telephone number and physical address of the designated lay caregiver in the patient's medical record.
(2) A patient or the patient's legal guardian may elect to change his or her designated lay caregiver if the lay caregiver becomes incapacitated.
(3) Designation of a lay caregiver by a patient or a patient's legal guardian under this chapter does not obligate any individual to perform any aftercare tasks for the patient.
(4) This section shall not be construed so as to require a patient or a patient's legal guardian to designate any individual as a lay caregiver.
Cite this article: FindLaw.com - Mississippi Code Title 41. Public Health § 41-133-3 - last updated January 01, 2025 | https://codes.findlaw.com/ms/title-41-public-health/ms-code-sect-41-133-3/
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.
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.
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.
Search our directory by legal issue
Enter information in one or both fields (Required)