| (a) A hospital must comply with each of the following
requirements to qualify for participation as a hospital in the Texas
Medical Assistance (Medicaid) Program. A hospital must:
(1) be licensed by the Department of State Health Services
(department) as a general or special hospital, unless exempt from
licensure by the appropriate licensing authority. This requirement
does not apply to military hospitals providing inpatient emergency
hospital services;
(2) be enrolled and participating in the Medicare Program
as a hospital;
(3) sign a written provider agreement with the department
or its designee to participate in the Medicaid program. The provider
agreement requires the hospital to comply with the terms of the agreement
and all requirements of the Medicaid program, including regulations,
rules, handbooks, standards, and guidelines published by the department
or its designee; and
(4) comply with the utilization review plan approved
by the department or its designee.
(b) Effective December 1, 1991, the hospital must maintain
policies and procedures regarding the following policies with respect
to all adult individuals receiving inpatient services provided by
the hospital:
(1) provide all adult individuals the following information
regarding advance directives at the time of the individual's admission
as an inpatient:
(A) the individual's rights under Texas law, whether
statutory or as recognized by the courts of the state, to make decisions
concerning medical care, including the right to accept or refuse medical
or surgical treatment and the right to formulate advance directives
(directive to physicians/living will or durable power of attorney
for health care); and
(B) the hospital's policies respecting the implementation
of such rights;
(2) document in the individual's medical record whether
or not the individual has executed an advance directive;
(3) not condition the provision of care or otherwise
discriminate against an individual based on whether or not the individual
has executed an advance directive;
(4) ensure compliance with the requirements of Texas
law, whether statutory or as recognized by the courts of Texas, respecting
advance directives at facilities of the provider or organization;
and
(5) provide for education for staff and the community
on issues concerning advance directives.
|
| Source Note: The provisions of this §354.1077 adopted to be effective July 1, 1986, 11 TexReg 2756; amended to be effective February 1, 1992, 17 TexReg 326; transferred effective September 1, 1993, as published in the Texas Register September 7, 1993, 18 TexReg 5978; amended to be effective November 29, 1993, 18 TexReg 8354; amended to be effective November 22, 1996, 21 TexReg 11595; transferred effective September 1, 2001, as published in the Texas Register May 24, 2002, 27 TexReg 4561; amended to be effective September 1, 2006, 31 TexReg 6630; amended to be effective July 5, 2012, 37 TexReg 4853 |
