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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 §9.291Notice of Hearing and Documents Provided to Surrogate Consent Committee

(a) DADS sends notice of a surrogate consent committee hearing to:

  (1) each volunteer on the surrogate consent committee; and

  (2) the community program provider.

(b) The notice described in subsection (a) of this section includes:

  (1) the date, time, and location of the hearing;

  (2) the name of the individual for whom a treatment decision is sought; and

  (3) the type of treatment decision to be considered at the hearing.

(c) DADS sends each volunteer on the surrogate consent committee, in addition to the notice of hearing described in subsection (a) of this section:

  (1) relevant portions of the application packet; and

  (2) a written consultation from a DADS health care professional licensed or registered in Texas to assist the committee in determining the individual's best interest regarding the treatment decision.

(d) A community program provider must give notice of the surrogate consent committee hearing to:

  (1) the individual for whom a treatment decision is being sought;

  (2) the individual's actively involved spouse, adult child, parent, adult sibling, stepparent, or other adult relative; and

  (3) any person known to have a demonstrated interest in the care and welfare of the individual, such as an advocate or a friend identified by the individual.

(e) Concerning a notice required by subsection (d)(1) of this section, a community program provider must:

  (1) include in the notice:

    (A) the date, time, and location of the hearing; and

    (B) the type of treatment decision to be considered at the hearing;

  (2) explain the notice to the individual using the individual's primary language or mode of communication; and

  (3) document that the explanation required in paragraph (2) of this subsection was given.

(f) Concerning a notice required by subsection (d)(2) and (3) of this section, a community program provider must:

  (1) include in the notice:

    (A) the date, time, and location of the hearing;

    (B) the name of the individual for whom a treatment decision is sought;

    (C) the type of treatment decision to be considered at the hearing;

    (D) a copy of the completed, original SDM Form 2700, Application for a Treatment Decision by a Surrogate Consent Committee; and

    (E) a statement concerning the opportunity to:

      (i) attend the hearing and present evidence or testimony personally or through a representative; and

      (ii) appeal the surrogate consent committee's decision in accordance with THSC, §597.053; and

  (2) send the notice in writing and by certified mail.


Source Note: The provisions of this §9.291 adopted to be effective July 1, 2007, 32 TexReg 3856

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