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 261.291 - Notice of Hearing and Documents Provided to Surrogate Consent Committee
Universal Citation: 26 TX Admin Code ยง 261.291
Current through Reg. 49, No. 38; September 20, 2024
(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.
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