Hospital Discharge Rights in Maryland

The discharge planner says your parent is being sent home tomorrow. You know they can't manage stairs, can't track their medications, and can't bathe without help. Before you panic, understand this: Maryland law gives your family specific, enforceable rights during the discharge process — and most hospitals don't volunteer this information.

What Maryland Hospitals Must Do Before Discharge

Under Health-General Article § 19-308.8 and implementing regulation COMAR 10.07.01.27, every Maryland hospital must:

• Assess the patient's post-discharge needs (functional abilities, home environment, available support)
• Develop a written discharge plan that addresses those needs
• Provide written discharge instructions in language the patient and family can understand
• Coordinate post-discharge services including home health, equipment, and follow-up appointments
• Verify that any receiving facility is licensed by the Maryland Office of Health Care Quality (OHCQ)

That last requirement is significant. Discharge planners have an affirmative obligation to check the OHCQ Licensee Directory before sending your parent to a home health agency, residential service agency, or assisted living program. If the hospital discharges a patient to an unlicensed or inadequately equipped facility, the Maryland Secretary of Health can impose fines of up to $10,000 per violation.

The Lay Caregiver Act (COMAR 10.07.01.35)

Maryland's Lay Caregiver Act requires hospitals to give every patient or guardian the opportunity to formally designate one lay caregiver before discharge. Once designated, the hospital must:

• Document the designation in the medical record
• Make reasonable efforts to consult with the caregiver about the discharge plan
• Provide hands-on training for the patient's specific aftercare needs — medication administration, wound care, mobility assistance, equipment use

This is your right as a designated caregiver: the hospital cannot simply hand you a stack of papers and send you home. They must train you on the actual tasks you'll need to perform.

The law also protects you: a designated caregiver is not legally obligated to perform any aftercare. And a hospital cannot delay a medically necessary discharge because they couldn't reach the caregiver.

Your Parent's Patient Rights

Under COMAR 10.07.01.29, Maryland hospital patients have statutory rights including:

• Participating in decisions about their treatment and discharge plan
• Receiving information in a format they can understand
• Personal privacy and informed consent
• Access to their medical records
• Filing a complaint without fear of retaliation

How to File a Complaint

If a hospital fails to develop a proper discharge plan, sends your parent to an unlicensed facility, or refuses to provide caregiver training, file a complaint with OHCQ:

• Online: OHCQ Online Complaint Form
• Phone: 410-402-8108 (general) or 877-402-8218 (toll-free)
• Hospital-specific team: 410-402-8041

What to Do Right Now

If your parent is facing discharge and you believe the plan is unsafe, you have the right to appeal through Commence Health, Maryland's designated Quality Improvement Organization. The Maryland Hospital Discharge Guide provides the appeal scripts, OHCQ compliance checklists, and lay caregiver designation forms you need to enforce these rights.

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