50-5-704. Instruction to designated lay caregiver. (1) As soon as practicable and before a patient's discharge, the hospital shall:

(a) consult with the lay caregiver and the patient;

(b) issue a discharge plan that describes a patient's aftercare needs at the patient's residence; and

(c) provide the lay caregiver with an opportunity for instruction in the aftercare tasks described in the discharge plan.

(2) At a minimum, a discharge plan prepared pursuant to this section must:

(a) note the name and contact information of the lay caregiver;

(b) describe all aftercare tasks necessary to maintain the patient's ability to remain in the patient's residence, taking into account the capabilities and limitations of the lay caregiver; and

(c) provide contact information for relevant followup care and for resources needed to successfully carry out the discharge plan.

(3) Instruction for the lay caregiver may be conducted in person, by telephone, or by video technology at the discretion of the lay caregiver. At a minimum, the instruction shall:

(a) be provided, to the extent possible, in nontechnical language;

(b) give the lay caregiver and patient an opportunity to ask questions about the aftercare tasks; and

(c) in a culturally competent manner, provide answers to the lay caregiver's and patient's questions.

(4) Instruction required pursuant to this section must be appropriately documented. At a minimum, the documentation must include the date, time, and contents of the instruction.

(5) Nothing in this section may delay the patient's discharge or transfer to another facility.