Montana § 50-5-702 - Lay Caregiver -- Designation

§ 50-5-702. Lay Caregiver -- Designation

Lay caregiver -- designation. (1) (a) As soon as practicable after a patient's entry and before the patient's discharge or transfer, a hospital shall provide the patient or, if applicable, the patient's legal representative with at least one opportunity to designate at least one lay caregiver. (b) If the patient is unconscious or otherwise incapacitated upon entry, the hospital shall provide the patient or the patient's legal representative with an opportunity to designate a lay caregiver as soon as practicable after the patient regains consciousness or capacity. (2) If the patient or the patient's legal representative declines to designate a lay caregiver, the hospital shall appropriately document the decision. (3) If a lay caregiver is designated pursuant to this section, the hospital shall: (a) promptly request the written consent of the patient or legal representative to release medical information to the lay caregiver, using the hospital's established procedures for releasing personal health information and in compliance with all state and federal laws governing release of the information; and (b) appropriately document the designation of the lay caregiver, the relationship of the lay caregiver to the patient, and the name, telephone number, and address of the lay caregiver. (4) If the patient or the patient's legal representative declines to consent to the release of medical information to the lay caregiver, the hospital is not required to provide notice to the lay caregiver as provided in 50-5-703 or to provide information contained in the discharge plan developed pursuant to 50-5-704 . (5) A patient or the patient's legal representative may change the designated lay caregiver at any time. The hospital shall appropriately document the change as soon as practicable. (6) A person designated as a lay caregiver pursuant to this section is not obligated to perform any aftercare tasks for a patient. (7) This section may not be construed to require a patient or a patient's legal representative to designate a lay caregiver.