New Jersey § 26:2h-5

§ 26:2h-5.

a. A hospital shall provide each patient or, if applicable, the patient's legal guardian,

with an opportunity to designate at least one caregiver following the patient's entry

into a hospital, and prior to the patient's discharge to the patient's residence,

in a timeframe that is consistent with the discharge planning process provided by

regulation. The hospital shall promptly document the request in the patient's medical record. b. In the event that the patient is unconscious or otherwise incapacitated upon entry

into the hospital, the hospital shall provide the patient or the patient's legal guardian

with an opportunity to designate a caregiver within a given timeframe, at the discretion

of the attending physician, following the patient's recovery of consciousness or capacity. The hospital shall promptly document the attempt in the patient's medical record. c. In the event that the patient or legal guardian declines to designate a caregiver

pursuant to this act, the hospital shall promptly document this declination in the

patient's medical record. d. In the event that the patient or the patient's legal guardian designates an individual

as a caregiver under this act: (1) The hospital shall promptly request the written consent of the patient or the

patient's legal guardian to release medical information to the patient's designated

caregiver following the hospital's established procedures for releasing personal health

information and in compliance with all State and federal laws, including the federal

“Health Insurance Portability and Accountability Act of 1996,” Pub.L.104-191 1 , and related regulations. (a) If the patient or the patient's legal guardian declines to consent to release

medical information to the patient's designated caregiver, the hospital is not required

to provide notice to the caregiver under section 4 of P.L.2014, c. 68 ( C.26:2H-5.27 ) or provide information contained in the patient's discharge plan under section 5

of P.L.2014, c. 68 ( C.26:2H-5.28 ). (2) The hospital shall record the patient's designation of caregiver, the relationship

of the designated caregiver to the patient, and the name, telephone number, and address

of the patient's designated caregiver in the patient's medical record. e. A patient or the patient's legal guardian may elect to change the patient's designated

caregiver at any time, and the hospital must record this change in the patient's medical

record before the patient's discharge. f. This section shall not be construed to require a patient or a patient's legal guardian

to designate any individual as a caregiver. g. A designation of a caregiver by a patient or a patient's legal guardian does not

obligate the designated individual to perform any after-care assistance for the patient. h. In the event that the patient is a minor child, and the parents of the patient

are divorced, the custodial parent shall have the authority to designate a caregiver. If the parents have joint custody of the patient, they shall jointly designate the

caregiver. 1

For public law sections classified to U.S.C.A., see U.S.C.A. Tables.