§ 2994-jj. Caregiver; opportunity to identify.
1.A hospital shall\nprovide each patient or, if applicable, the patient's legal guardian\nwith at least one opportunity to identify at least one caregiver under\nthis article following the patient's entry into a hospital and prior to\nthe patient's discharge or transfer to another facility. The hospital\nshall inform the patient that the purpose of providing the caregiver's\nidentity is to include that caregiver in discharge planning and sharing\nof post-discharge care information or instruction.\n (a) In the event that the patient is unconscious or otherwise\nincapacitated upon his or her entry into a hospital, the hospital shall\nprovide such patient or his/her legal guardian with an opportunity to\nidentify a caregiver following the pat
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§ 2994-jj. Caregiver; opportunity to identify. 1. A hospital shall\nprovide each patient or, if applicable, the patient's legal guardian\nwith at least one opportunity to identify at least one caregiver under\nthis article following the patient's entry into a hospital and prior to\nthe patient's discharge or transfer to another facility. The hospital\nshall inform the patient that the purpose of providing the caregiver's\nidentity is to include that caregiver in discharge planning and sharing\nof post-discharge care information or instruction.\n (a) In the event that the patient is unconscious or otherwise\nincapacitated upon his or her entry into a hospital, the hospital shall\nprovide such patient or his/her legal guardian with an opportunity to\nidentify a caregiver following the patient's recovery of his or her\nconsciousness or capacity.\n (b) In the event that the patient or the patient's legal guardian\ndeclines to identify a caregiver under this article, the hospital shall\npromptly document this in the patient's medical record.\n (c) The hospital shall record the patient's identification of a\ncaregiver if given by the patient or legal guardian, the relationship of\nthe identified caregiver to the patient, and the name, telephone number,\nand address of the patient's identified caregiver in the patient's\nmedical record.\n (d) A patient may elect to change his or her identified caregiver at\nany time, and the hospital must record this change in the patient's\nmedical record.\n (e) (i) The hospital shall promptly request the written consent of the\npatient or the patient's legal guardian to release medical information\nto the patient's designated caregiver following the hospital's\nestablished procedure for releasing personal health information and in\ncompliance with all state and federal laws, including the federal Health\nInsurance Portability and Accountability Act of 1996 as amended, and\nrelated regulations.\n (ii) If the patient or the patient's legal guardian declines to\nconsent to release medical information to the patient's designated\ncaregiver, the hospital shall not be required to provide notice to the\ncaregiver under section twenty-nine hundred ninety-four-kk of this\narticle or provide information contained in the patient's discharge plan\nunder section twenty-nine hundred ninety-four-ll of this article.\n 2. An identification of a caregiver by a patient or a patient's legal\nguardian under this section does not obligate any individual to perform\nany after-care tasks for any patient.\n 3. This section shall not be construed to require a patient or a\npatient's legal guardian to identify any individual as a caregiver as\ndefined by this article.\n