Michigan Laws 333.26285 – Designation of lay caregiver
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Terms Used In Michigan Laws 333.26285
- After-care assistance: means assistance provided by a lay caregiver to a patient following the patient's discharge from a hospital that is related to the patient's condition at the time of discharge. See Michigan Laws 333.26283
- Attending physician: means that term as defined in section 20102 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 333.26283
- Discharge: means a patient's exit or release from a hospital to the patient's residence following any medical care or treatment rendered to the patient following an inpatient admission. See Michigan Laws 333.26283
- Entry: means a patient's admission into a hospital for the purposes of receiving inpatient medical care. See Michigan Laws 333.26283
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Hospital: means that term as defined in section 20106 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 333.26283
- lay caregiver: means an individual 18 years of age or older designated as a caregiver by a patient under this act who voluntarily provides after-care assistance to a patient in the patient's residence. See Michigan Laws 333.26283
- Patient advocate: means that term as described and used in section 5506 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 333.26283
- Residence: means the dwelling that the patient considers to be his or her home. See Michigan Laws 333.26283
(1) As soon as practicable following a patient’s admission to a hospital as an inpatient and before the patient’s discharge from the hospital to the patient’s residence, the hospital shall provide each patient or, if applicable, the patient’s legal guardian or patient advocate with an opportunity to designate a lay caregiver.
(2) If the patient is unconscious or otherwise incapacitated upon entry into the hospital, the hospital shall provide the patient, the patient’s legal guardian, or the patient advocate with an opportunity to designate a lay caregiver within a given time frame, at the discretion of the attending physician, following the patient’s recovery of consciousness or capacity.
(3) If the patient, the patient’s legal guardian, or the patient advocate declines to designate a caregiver under this act, the hospital shall document that decline in the patient’s medical record. Upon the documentation in the patient’s medical record described in this subsection, the hospital has complied with the requirements of this act.
(4) If the patient, the patient’s legal guardian, or the patient advocate designates an individual as a caregiver under this act, 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 other appropriate contact information of the patient’s designated caregiver in the patient’s medical record.
(5) A patient, the patient’s legal guardian, or the patient advocate may elect to change the patient’s designated caregiver at any time, and the hospital must record the change in the patient’s medical record before the patient’s discharge.
(6) This does not require a patient or a patient’s legal guardian to designate an individual as a caregiver.
(7) A designation of a caregiver by a patient, a patient’s legal guardian, or a patient advocate does not obligate the designated individual to perform any after-care assistance for the patient.
(8) If the patient is a minor child and the parents of the patient are divorced, the custodial parent has the authority to designate a caregiver. If the parents have joint custody of the patient, the parents shall jointly designate the caregiver.