[§323G-2]  Designation of a caregiver.  (a)  Each hospital shall adopt and maintain a written discharge policy or policies that include the following components:

     (1)  Each patient is provided an opportunity to designate a caregiver, to be included in the patient's electronic health record;

     (2)  Each patient and the patient's designated caregiver are given the opportunity to participate in the discharge planning;

     (3)  Each patient and the patient's designated caregiver are given the opportunity to receive instruction, prior to discharge, related to the patient's after-care needs; and

     (4)  Each patient's caregiver is notified of the patient's discharge or transfer.  A hospital shall make reasonable attempts to notify the patient's caregiver of the patient's discharge to the patient's residence as soon as practicable.  In the event that the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient or an appropriate discharge of the patient.

     (b)  The discharge policy or policies shall specify the requirements for documenting:

     (1)  The caregiver who is designated by the patient; and

     (2)  The caregiver's contact information.

     (c)  The discharge policy or policies shall also incorporate one of the following:

     (1)  Standards for accreditation adopted by The Joint Commission or other nationally recognized hospital accreditation organizations; or

     (2)  The conditions of participation for hospitals adopted by the Centers for Medicare and Medicaid Services.

     (d)  This section does not require hospitals to adopt discharge policies that would:

     (1)  Delay a patient's discharge or transfer to another facility; or

     (2)  Require the disclosure of protected health information without obtaining the patient's consent as required by state and federal laws governing health information privacy and security. [L 2016, c 69, pt of §1]