§ 447.3. Caregiver designation and consent
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: April 20, 2017
Effective: April 20, 2017
35 P.S. § 447.3
§ 447.3. Caregiver designation and consent
(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.
(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
(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
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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