SECTION 568.82. Discharge Notices and Release of Minors

(a) Discharge notice to family or legally authorized representative (LAR).

(1) In accordance with Texas Health and Safety Code §576.007, before discharging a patient who is an adult, a hospital shall make a reasonable effort to notify the patient's family of the discharge, if the patient grants permission for the notification.

(2) Except as provided by 42 CFR Part 2 and subsection (b) of this section, before discharging a patient who is at least 16 years of age, a hospital shall make a reasonable effort to notify the patient's LAR of the discharge.

(3) Except as provided by subsection (b) of this section, before discharging a patient who is younger than 16 years of age, a hospital shall notify the patient's LAR of the discharge.

(b) Disclosure harmful to patient. As permitted by 45 C.F.R. §164.524 and Texas Health and Safety Code §611.0045(b), a hospital may deny a patient's LAR access to any portion of the patient's record if the hospital determines that the disclosure of such portion would be reasonably likely to endanger the life or physical safety of the patient or another person.

(c) Release of minors. Except as required by §568.84(e) of this subchapter (relating to Discharge of an Involuntary Patient), upon discharge, the hospital may release a minor younger than 16 years of age only to the minor's LAR or the LAR's designee.

(d) Notice of protection and advocacy system. Upon discharge, the hospital shall provide the patient with written notification of the existence, purpose, telephone number, and address of the protection and advocacy system of the state of Texas, as required by Texas Health and Safety Code §576.008.

Source Note: The provisions of this §568.82 adopted to be effective May 27, 2021, 46 TexReg 3276