SB 161 / HB 269 Enact the NC Caregivers Act

Primary Senate Sponsors: Sen. Joyce Krawiec (R-Forsyth), Sen. Dan Bishop (R-Mecklenburg), Sen. Ralph Hise (R-Madison)

Primary House Sponsors: Rep. Donna White (R-White), Rep. Josh Dobson (R-Avery)Rep. Donny Lambeth (R-Forsyth), Rep. Mary Ann Black (D-Durham)

Bill Summary

The bill states that each hospital would provide each patient, or patient’s legal guardian with at least 1 opportunity to designate at least one caregiver following patient’s admission into a hospital and prior to discharge to another facility.

Hospitals would be required to document in the medical record if the patient/legal guardian declines caregiver designation.

If the parent/legal guardian elects to designate a caregiver the following would apply:

  • Hospital request written consent of patient/guardian to release medical information complicit with all state and federal laws
  • If patient/legal guardian declines consent to release the hospital is not required to designate caregiver
  • Hospital shall record in the patient’s medical record the caregiver’s name, contact information, and relationship to the patient

The hospital would be required to make a good faith effort to notify the caregiver of discharge or transfer. Any lack of contact would not interfere or delay medical care.

The bill states that nothing in this section would interfere with valid health care power of attorney or valid health care directive.

The bill states that nothing in this section would be construed to create a private right of action or liability against a hospital, employee, or an individual with whom a hospital has a contractual relationship.

Bill Movement

This bill was filed on March  5, 2019.


This bill was filed on February 27, 2019.

This bill was referred to the following committees:

  • This bill passed the Senate Health Care Committee on May 2, 2019.
  • This bill passed in the Senate Rules Committee on May 6, 2019.

This bill passed on the Senate floor on May 7, 2019.