{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-137.03.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-137.03.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-137.03.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-137.03.html"}],"law_id":65455,"edition_id":1,"section_id":65455,"structure_id":12729,"section_number":"32.1-137.03","catch_line":"Discharge planning; designation of individual to provide care","history":"2015, cc. 18, 106.","full_text":"A\n\nEvery 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\n\nA 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\n\nPrior 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\n\nThe 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\n\nDesignation 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\n\nNothing in this section shall create a private right of action against any hospital, its employees, or its contractors.G\n\nNo 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\n\nNothing in this section shall interfere with an individual acting under a valid health care directive.I\n\nThe Department shall promulgate regulations for the implementation of this section.","order_by":null,"text":{"0":{"id":238014,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":238015,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":238016,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":238017,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":238018,"text":"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":238019,"text":"Nothing in this section shall create a private right of action against any hospital, its employees, or its contractors.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":238020,"text":"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.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":238021,"text":"Nothing in this section shall interfere with an individual acting under a valid health care directive.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":238022,"text":"The Department shall promulgate regulations for the implementation of this section.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":12729,"edition_id":1,"name":"Hospital and Nursing Home Licensure and Inspection","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12728,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":202857,"object_type":"structure","relational_id":12729,"identifier":"1","token":"32.1\/5\/1","url":"\/32.1\/5\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12728,"edition_id":1,"name":"Regulation of Medical Care Facilities and Services","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":202855,"object_type":"structure","relational_id":12728,"identifier":"5","token":"32.1\/5","url":"\/32.1\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80727,"structure_id":12729,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","url":"\/32.1-123\/","token":"32.1\/5\/1\/32.1-123","metadata":false},{"id":75042,"structure_id":12729,"section_number":"32.1-124","catch_line":"Exemptions","url":"\/32.1-124\/","token":"32.1\/5\/1\/32.1-124","metadata":false},{"id":58545,"structure_id":12729,"section_number":"32.1-125","catch_line":"Establishment or operation of hospitals and nursing homes prohibited without license or certification; 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This law was first created in 2015. The record of its establishment is cataloged in chapters 18<\/a> and 106<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":203067,"object_type":"law","relational_id":65455,"identifier":"32.1-137.03","token":"32.1\/5\/1\/32.1-137.03","url":"\/32.1-137.03\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-137.03\/","token":"32.1\/5\/1\/32.1-137.03","dublin_core":{"Title":"Discharge planning; designation of individual to provide care","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-137.03","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every hospital<\/span> (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<\/span> and to whom the hospital<\/span> 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<\/span>, and the person<\/span>’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<\/span> 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<\/span>, nursing home<\/span>, assisted living facility, or group home. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A patient may change the designated individual at any time prior to the patient’s release, and the hospital<\/span> shall record in the patient’s medical record the name of the designated individual, the relationship between the patient and the person<\/span>, and the person<\/span>’s telephone number and address, within 24 hours of such change. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Prior to discharging a patient who has designated an individual pursuant to subsection A or B, the hospital<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The hospital<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Nothing in this section shall create a private right of action against any hospital<\/span>, its employees, or its contractors. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> No hospital<\/span> or its employees or contractors shall be liable for any civil damages<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Nothing in this section shall interfere with an individual acting under a valid health care directive. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The Department<\/span> shall promulgate regulations for the implementation of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISCHARGE PLANNING; DESIGNATION OF INDIVIDUAL TO PROVIDE CARE (\u00a7 32.1-137.03)\n\nA. Every hospital (i) shall provide each patient admitted as an inpatient or his\nlegal guardian the opportunity to designate an individual who will care for or\nassist the patient in his residence following discharge from the hospital and to\nwhom the hospital shall provide information regarding the patient’s\ndischarge plan and any follow-up care, treatment, and services that the patient\nmay require and (ii) upon admission, shall record in the patient’s medical\nrecord the name of the individual designated by the patient, the relationship\nbetween the patient and the person, and the person’s telephone number and\naddress. If the patient fails or refuses to designate an individual to receive\ninformation regarding his discharge plan and any follow-up care, treatment, and\nservices, the hospital shall record the patient’s failure or refusal in\nthe patient’s medical record. For the purposes of this subsection,\n“residence” does not include any rehabilitation facility, hospital,\nnursing home, assisted living facility, or group home.\n\nB. A patient may change the designated individual at any time prior to the\npatient’s release, and the hospital shall record in the patient’s\nmedical record the name of the designated individual, the relationship between\nthe patient and the person, and the person’s telephone number and address,\nwithin 24 hours of such change.\n\nC. Prior to discharging a patient who has designated an individual pursuant to\nsubsection A or B, the hospital shall notify the designated individual of the\npatient’s discharge and shall provide the designated individual with a\ncopy of the patient’s discharge plan and instructions and information\nregarding any follow-up care, treatment, or services that the designated\nindividual will provide and consult with the designated individual regarding the\ndesignated individual’s ability to provide the care, treatment, or\nservices. Such discharge plan shall include (i) the name and contact information\nof the designated individual; (ii) a description of the follow-up care,\ntreatment, and services that the patient requires; and (iii) information,\nincluding contact information, about any health care, long-term care, or other\ncommunity-based services and supports necessary for the implementation of the\npatient’s discharge plan. A copy of the discharge plan and any\ninstructions or information provided to the designated individual shall be\nincluded in the patient’s medical record.\n\nD. The hospital shall provide each individual designated pursuant to subsection\nA or B the opportunity for a demonstration of specific follow-up care tasks that\nthe designated individual will provide to the patient in accordance with the\npatient’s discharge plan prior to the patient’s discharge, including\nopportunity for the designated individual to ask questions regarding the\nperformance of follow-up care tasks. Such opportunity shall be provided in a\nculturally competent manner and in the designated individual’s native\nlanguage.\n\nE. Designation of an individual pursuant to subsection A or B shall not create\nany obligation on the part of the designated individual regarding the provision\nof any follow-up care, treatment, and services that the patient may require.\n\nF. Nothing in this section shall create a private right of action against any\nhospital, its employees, or its contractors.\n\nG. No hospital or its employees or contractors shall be liable for any civil\ndamages for any injuries resulting from any act of an individual designated\npursuant to subsection A or B related to the provision of or failure to provide\nfollow-up care, treatment, or services pursuant to a patient’s discharge\nplan.\n\nH. Nothing in this section shall interfere with an individual acting under a\nvalid health care directive.\n\nI. The Department shall promulgate regulations for the implementation of this\nsection.\n\nHISTORY: 2015, cc. 18, 106.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}