Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 261 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS (ICF/IID) PROGRAM-CONTRACTING
Subchapter J - SURROGATE DECISION-MAKING
Section 261.287 - Provider Responsibilities Regarding Surrogate Decision-Maker

Universal Citation: 26 TX Admin Code ยง 261.287

Current through Reg. 49, No. 38; September 20, 2024

(a) A community program provider must provide the following information to a person identified as a surrogate decision-maker in accordance with § 261.286 of this chapter (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.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.