26 Tex. Admin. Code § 261.274 - Hospice Services
(a) An individual
may elect to receive hospice care in a facility if the individual is eligible
for such care in accordance with 40 TAC §30.10 (relating to Eligibility
Requirements). An individual's LAR or surrogate decision-maker, appointed in
accordance with § 405.237 of this title (relating to Appointment and
Qualifications of a Surrogate Decision-Maker) [does not exist], may elect
hospice care for the individual.
(b) If hospice care is elected for an
individual in accordance with 40 TAC §30.16 of (relating to Election of
Hospice Care), the program provider for the individual must contract with the
designated hospice or discharge the individual in accordance with §
261.227 of this chapter (relating
to Discharge from a Facility).
(c)
Before hospice care is provided to an individual at a facility:
(1) the program provider and the hospice must
execute a contract, as described in subsection (d) of this section;
(2) the program provider and the hospice must
review the individual's MR/RC Assessment to determine if a revision to the
individual's LON is needed in accordance with §
261.246 of this chapter (relating
to Renewal and Revision of Level of Need);
(3) the program provider must provide a
signed copy of the completed MR/RC Assessment to the hospice; and
(4) the program provider must notify the
TDMHMR Help Desk at (888) 952-4357 that the individual has elected to receive
hospice care.
(d) A
contract between a program provider and a hospice must establish the amount the
hospice will pay the program provider for the individual's room and board and
must require the hospice and the program provider to develop a plan of care for
the individual. In this section, "room and board" includes performance of
personal care services, including assistance with activities of daily living,
administration of medication, maintaining the cleanliness of an individual's
room, and supervision and assistance with durable medical equipment and
prescribed therapies.
(e) A program
provider must continue to provide services in accordance with this chapter to
an individual receiving hospice care in a facility. If the individual, or the
LAR on the individual's behalf, chooses continued participation in active
treatment and such treatment, in the opinion of the individual's physician, is
not contraindicated by the individual's condition, it must be provided in
accordance with the individual's ability to participate in it.
(f) A program provider must pay the quality
assurance fee described in 1 TAC Chapter 352 (relating to Quality Assurance Fee
for Long-Term Care Facilities) for an individual receiving hospice care in a
facility of the program provider.
(g) Hospice staff will not be considered
facility staff to establish or maintain a staff-to-client ratio.
Notes
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No prior version found.