Md. Code Regs. 10.07.09.03 - Resident's Representative
A. A
nursing facility or nursing facility's agent 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 the 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 established in
compliance with Estates and Trusts Article, §
13-601, Annotated
Code of Maryland;
(6) An individual
exercising a resident's rights pursuant to Health-General Article,
§19-344(r), Annotated Code of Maryland, but not for purposes of medical
care or treatment;
(7) A
representative payee or other similar fiduciary;
(8) An agent as defined in Health-General
Article, §19-344(c), Annotated Code of Maryland; or
(9) A person if that person was designated by
a resident who was not disabled at the time the designation was made and if the
resident or representative has provided the nursing facility with documentation
of the designation.
B. A
nursing facility may not recognize the authority of a resident'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. A facility shall document in the
resident's record the name of a representative listed in this regulation,
including a copy, when applicable, of the designation.
Notes
Regulation .03K adopted effective August 30, 1982 (9:17 Md. R. 1708)
Regulation .03C amended effective August 30, 1982 (9:17 Md. R. 1708)
Regulations .03 under COMAR 10.07.09 Patients' Bill of Rights: Comprehensive Care Facilities and Extended Care Facilities repealed and new Regulations .03 under COMAR 10.07.09 Residents' Bill of Rights: Comprehensive Care Facilities and Extended Care Facilities adopted effective April 22, 1996 (23:8 Md. R. 605)
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