| (a) Definitions. The following words and terms, when
used in this section, have the following meanings, unless the context
clearly indicates otherwise.
(1) Aftercare--Assistance provided by a designated
caregiver to a person after that person's discharge from a hospital,
as described by Health and Safety Code, chapter 317, and this section.
(2) Designated caregiver--An individual designated
by a patient, including a relative, partner, friend, or neighbor,
who:
(A) is at least 18 years of age;
(B) has a significant relationship with the patient;
and
(C) will provide aftercare to the patient.
(3) Surrogate decision-maker--An individual with decision-making
capacity who is identified as the person who has authority to consent
to medical treatment on behalf of an incapacitated patient in need
of medical treatment.
(b) The hospital shall provide a patient who is at
least 18 years of age, a patient who is younger than 18 years of age
who has had the disabilities of minority removed, the patient's legal
guardian, or the patient's surrogate decision-maker the opportunity
to designate a caregiver for receipt of aftercare instructions.
(c) The hospital shall provide the opportunity to designate
a caregiver on admission of the patient or before the patient is discharged
or transferred to another facility.
(d) If the patient, the patient's legal guardian, or
the patient's surrogate decision-maker declines to designate a caregiver,
the hospital shall note the fact in the patient's medical record.
(e) If the patient, the patient's legal guardian, or
the patient's surrogate decision-maker designates a caregiver, the
hospital shall:
(1) document in the patient's medical record the designated
caregiver's name, telephone number, address, and relationship to the
patient; and
(2) request written authorization to disclose health
care information to the designated caregiver.
(f) If written authorization to disclose health care
information to the designated caregiver is obtained, the hospital
shall:
(1) as soon as possible before the patient's discharge
or transfer, notify the designated caregiver of this fact;
(2) if the hospital is unable to contact the designated
caregiver before the patient's discharge or transfer, note this in
the patient's medical record;
(3) before the patient's discharge, provide the designated
caregiver a written discharge plan that describes the patient's aftercare
needs that includes:
(A) the designated caregiver's name, contact information,
and relationship to the patient;
(B) a description of the aftercare tasks that the patient
requires, written in a culturally competent manner; and
(C) the contact information for any health care resources
necessary to meet the patient's aftercare needs;
(4) before the patient's discharge to any setting in
which health care services are not regularly provided to others, provide
the designated caregiver instruction and training as necessary for
the caregiver to perform aftercare tasks, including the opportunity
to ask follow-up questions.
(g) The patient, the patient's legal guardian, or the
patient's surrogate decision-maker may change the designated caregiver
at any time and the hospital shall note the change in the patient's
medical record.
(h) This section may not be construed to interfere
with, delay, or otherwise affect any medical care provided to the
patient or the discharge or transfer of the patient.
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