Md. Code Regs. 10.07.21.20

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.07.21.20 - Patient's Representative

A. A hospice care program shall recognize the authority of:

(1) A guardian of the person under Estates and Trusts Article, §13-705, Annotated Code of Maryland;

(2) A guardian of the property under Estates and Trusts Article, §13-201, Annotated Code of Maryland;

(3) An advance directive established in compliance with Health-General Article, §5-602, Annotated Code of Maryland;

(4) A surrogate decision maker with authority under Health-General Article, §5-605, Annotated Code of Maryland;

(5) A power of attorney that meets the requirements of Estates and Trusts Article, §13-601, Annotated Code of Maryland;

(6) A representative payee or other similar fiduciary; or

(7) Any other person, if that person was designated by a patient who was competent at the time of designation, and the patient or representative has provided the hospice care program with documentation of the designation.

B. The hospice care program may not recognize the authority of the patient's representative if the representative attempts to exceed the authority:

(1) Stated in the instrument that grants the representative authority; or

(2) Established by State law.

C. The hospice care program shall document in the patient's record the name of the representative, including a copy, when applicable, of the designation.

Md. Code Regs. 10.07.21.20

Regulations .20 adopted effective August 10, 1998 (25:16 Md. R. 1274)