CODE OF VIRGINIA

DISCHARGE PLANNING; DESIGNATION OF INDIVIDUAL TO PROVIDE CARE (§ 32.1-137.03)

A. Every hospital (i) shall provide each patient admitted as an inpatient or his
legal guardian the opportunity to designate an individual who will care for or
assist the patient in his residence following discharge from the hospital and to
whom the hospital shall provide information regarding the patient’s
discharge plan and any follow-up care, treatment, and services that the patient
may require and (ii) upon admission, shall record in the patient’s medical
record the name of the individual designated by the patient, the relationship
between the patient and the person, and the person’s telephone number and
address. If the patient fails or refuses to designate an individual to receive
information regarding his discharge plan and any follow-up care, treatment, and
services, the hospital shall record the patient’s failure or refusal in
the patient’s medical record. For the purposes of this subsection,
“residence” does not include any rehabilitation facility, hospital,
nursing home, assisted living facility, or group home.

B. A patient may change the designated individual at any time prior to the
patient’s release, and the hospital shall record in the patient’s
medical record the name of the designated individual, the relationship between
the patient and the person, and the person’s telephone number and address,
within 24 hours of such change.

C. Prior to discharging a patient who has designated an individual pursuant to
subsection A or B, the hospital shall notify the designated individual of the
patient’s discharge and shall provide the designated individual with a
copy of the patient’s discharge plan and instructions and information
regarding any follow-up care, treatment, or services that the designated
individual will provide and consult with the designated individual regarding the
designated individual’s ability to provide the care, treatment, or
services. Such discharge plan shall include (i) the name and contact information
of the designated individual; (ii) a description of the follow-up care,
treatment, and services that the patient requires; and (iii) information,
including contact information, about any health care, long-term care, or other
community-based services and supports necessary for the implementation of the
patient’s discharge plan. A copy of the discharge plan and any
instructions or information provided to the designated individual shall be
included in the patient’s medical record.

D. The hospital shall provide each individual designated pursuant to subsection
A or B the opportunity for a demonstration of specific follow-up care tasks that
the designated individual will provide to the patient in accordance with the
patient’s discharge plan prior to the patient’s discharge, including
opportunity for the designated individual to ask questions regarding the
performance of follow-up care tasks. Such opportunity shall be provided in a
culturally competent manner and in the designated individual’s native
language.

E. Designation of an individual pursuant to subsection A or B shall not create
any obligation on the part of the designated individual regarding the provision
of any follow-up care, treatment, and services that the patient may require.

F. Nothing in this section shall create a private right of action against any
hospital, its employees, or its contractors.

G. No hospital or its employees or contractors shall be liable for any civil
damages for any injuries resulting from any act of an individual designated
pursuant to subsection A or B related to the provision of or failure to provide
follow-up care, treatment, or services pursuant to a patient’s discharge
plan.

H. Nothing in this section shall interfere with an individual acting under a
valid health care directive.

I. The Department shall promulgate regulations for the implementation of this
section.

HISTORY: 2015, cc. 18, 106.