<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 9INTELLECTUAL DISABILITY SERVICES--MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES
SUBCHAPTER EINTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS (ICF/IID) PROGRAM--CONTRACTING
DIVISION 10SURROGATE DECISION-MAKING
RULE §9.287Provider Responsibilities Regarding Surrogate Decision-Maker

(a) A community program provider must provide the following information to a person identified as a surrogate decision-maker in accordance with §9.286 of this division (relating to Surrogate Decision-Maker):

  (1) a description of the condition that the proposed treatment, medication, or procedure is intended to improve or cure;

  (2) a description of the proposed treatment, medication, or procedure, including:

    (A) the individual's need for it; and

    (B) the potential benefits and risks of it to the individual;

  (3) a description of any generally accepted alternatives to the proposed treatment, medication, or procedure, including the risks and potential benefits of the alternatives to the individual;

  (4) the reasons the alternatives were not proposed for the individual, if applicable;

  (5) the time frames involved, such as immediacy of the need for the proposed treatment, medication, or procedure and the length of time that consent will be effective; and

  (6) that the surrogate decision-maker may:

    (A) refuse to give consent or withdraw consent after it is given;

    (B) defer to a surrogate consent committee for a specific decision; and

    (C) withdraw as the surrogate decision-maker.

(b) A community program provider must document in the individual's record:

  (1) the specific information provided to the surrogate decision-maker as described in subsection (a) of this section;

  (2) the decision made by the surrogate decision-maker, and:

    (A) if consent is given, include a copy of the written consent given by the surrogate decision-maker; or

    (B) if consent is denied, document the reason for the denial, if known;

  (3) withdrawal of consent after it is given by the surrogate decision-maker and, if known, the reason for the withdrawal;

  (4) deferral by the surrogate decision-maker for a specific decision and, if known, the reason for the deferral; and

  (5) withdrawal of the surrogate decision-maker and, if known, the reason for the withdrawal.


Source Note: The provisions of this §9.287 adopted to be effective July 1, 2007, 32 TexReg 3856

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page