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 261.289 - Submission of Application Packet for Surrogate Consent Committee

(a) A community program provider must submit an application packet for a treatment decision by a surrogate consent committee, as described in § 261.288 of this chapter (relating to Surrogate Consent Committee Decisions), if:

(b) A community program provider must submit an application packet for a treatment decision in accordance with written instructions from DADS. The application packet must include:

(c) The instructions and forms described in subsection (b) of this section are available on the DADS website at www.dads.state.tx.us.

(d) Upon request by DADS, the community program provider must submit additional information related to the application packet for a treatment decision.

(e) If DADS determines that the community program provider has not completed the application process within a reasonable period of time, DADS does not proceed with the application process and closes the case.

(f) If DADS closes the case and a treatment decision is still required in accordance with subsection (a) of this section, the community program provider must submit a new application packet in accordance with subsection (b) of this section.

(g) DADS notifies the community program provider, in writing, if DADS closes the case.

(h) If DADS approves an application packet for a treatment decision, DADS appoints a surrogate consent committee in accordance with § 261.290 of this chapter (relating to Appointment and Qualifications of a Surrogate Consent Committee).