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§ 447.3. Caregiver designation and consent

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: April 20, 2017

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 1B. Caregiver Advise, Record and Enable Act (Refs & Annos)
Effective: April 20, 2017
35 P.S. § 447.3
§ 447.3. Caregiver designation and consent
Currentness
(a) General rule.--A hospital shall provide each patient or, if applicable, the patient's legal guardian an opportunity to designate at least one lay caregiver following the patient's entry into a hospital and prior to the patient's discharge to the residence. The hospital shall promptly document the request in the patient's medical record.
(b) Unconscious and incapacitated patients.--In the event that the patient is unconscious or otherwise incapacitated upon entry into a hospital, the hospital shall provide the patient or the patient's legal guardian with an opportunity to designate a lay caregiver as soon as possible following the patient's recovery of consciousness or capacity. The hospital shall promptly document the designation in the patient's medical records.
(c) Declining of designation.--If the patient or the patient's legal guardian declines to designate a lay caregiver pursuant to this act, the hospital shall promptly document the decision in the patient's medical record.
(d) Designation of lay caregivers.--If the patient or the patient's legal guardian designates an individual as lay caregiver under this act:
(1) The hospital shall promptly request the written consent of the patient or the patient's legal guardian to release medical information to the patient's designated lay caregiver following the hospital's established procedures for releasing personal health information and in compliance with all Federal and State laws, including the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, 110 Stat. 1936).1
(2) If the patient or the patient's legal guardian declines to consent to release medical information to the patient's designated lay caregiver, the hospital is not required to provide notice to the lay caregiver or provide medical information contained in the patient's discharge plan.
(3) The hospital shall record the patient's designation of a lay caregiver, the relationship of the designated lay caregiver to the patient and the name, telephone number and address of the patient's designated lay caregiver in the patient's medical record.
(e) Change of lay caregiver.--A patient or the patient's legal guardian may elect to change the patient's lay caregiver at any time, and the hospital shall record the change in the patient's medical record prior to the patient's discharge.
(f) Construction.--This section shall not be construed to require a patient or patient's legal guardian to designate a lay caregiver.
(g) After-care assistance.--A designation of a lay caregiver by a patient or a patient's legal guardian does not obligate the designated individual to perform any after-care assistance for the patient.
(h) Minor children.--In the event that the patient is a minor child and the parents of the patient are divorced, the parent with legal custody of the patient shall have the authority to designate a lay caregiver. If the parents have shared legal custody of the patient, they shall jointly designate the lay caregiver.

Credits

2016, April 20, P.L. 152, No. 20, § 3, effective in 12 months [April 20, 2017].

Footnotes

1
See 42 U.S.C.A. § 1320d et seq.
35 P.S. § 447.3, PA ST 35 P.S. § 447.3
Current through 2023 Regular Session Act 32. Some statute sections may be more current, see credits for details.
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