§ 19–381
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health-Gen. § 19-381 (2026)
Title 19. Health Care Facilities
Subtitle 3. Hospitals and Related Institutions
§ 19–381LinkCopy Citation
(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.