Md. Code, Health - General § 19-381
This is the official text of Md. Code, Health - General § 19-381, part of Maryland’s Code, Health - General — covers public health regulation.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§19–381.
Official statutory text
(a) A hospital shall provide a patient or the legal guardian of a patient with an opportunity to designate one lay caregiver before discharge of the patient.
(b) If a patient or the legal guardian of a patient declines to designate a lay caregiver:
(1) The hospital shall document the decision in the patient’s medical record; and
(2) The hospital shall be deemed to be in compliance with the provisions of this part.
(c) If a patient or the legal guardian of a patient designates a lay caregiver, the hospital shall:
(1) Record in the patient’s medical record:
(i) The designation of the lay caregiver;
(ii) The relationship of the lay caregiver to the patient; and
(iii) The name, telephone number, and address of the lay caregiver; and
(2) Request the written consent of the patient or the legal guardian of the patient to release medical information to the lay caregiver in accordance with:
(i) The procedures of the hospital for releasing personal health information; and
(ii) All applicable federal and State laws.
(d) If a patient or the legal guardian of a patient declines to consent to the release of medical information to the lay caregiver, the hospital is not required to:
(1) Provide to the lay caregiver the notice required under § 19–382 of this part; or
(2) Consult with the lay caregiver or provide to the lay caregiver information contained in the discharge plan issued under § 19–383 of this part.
(e) A patient or the legal guardian of a patient may change the designation of a lay caregiver in the event the lay caregiver becomes incapacitated.
(f) A designation of a lay caregiver by a patient or the legal guardian of a patient under this section does not obligate an individual to perform any aftercare for the patient.
(g) This section may not be construed to require a patient or the legal guardian of a patient to designate a lay caregiver.
(b) If a patient or the legal guardian of a patient declines to designate a lay caregiver:
(1) The hospital shall document the decision in the patient’s medical record; and
(2) The hospital shall be deemed to be in compliance with the provisions of this part.
(c) If a patient or the legal guardian of a patient designates a lay caregiver, the hospital shall:
(1) Record in the patient’s medical record:
(i) The designation of the lay caregiver;
(ii) The relationship of the lay caregiver to the patient; and
(iii) The name, telephone number, and address of the lay caregiver; and
(2) Request the written consent of the patient or the legal guardian of the patient to release medical information to the lay caregiver in accordance with:
(i) The procedures of the hospital for releasing personal health information; and
(ii) All applicable federal and State laws.
(d) If a patient or the legal guardian of a patient declines to consent to the release of medical information to the lay caregiver, the hospital is not required to:
(1) Provide to the lay caregiver the notice required under § 19–382 of this part; or
(2) Consult with the lay caregiver or provide to the lay caregiver information contained in the discharge plan issued under § 19–383 of this part.
(e) A patient or the legal guardian of a patient may change the designation of a lay caregiver in the event the lay caregiver becomes incapacitated.
(f) A designation of a lay caregiver by a patient or the legal guardian of a patient under this section does not obligate an individual to perform any aftercare for the patient.
(g) This section may not be construed to require a patient or the legal guardian of a patient to designate a lay caregiver.
Status: in_force · Read it on the official government site
Need a lawyer in Maryland?
Find a Maryland lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.