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How an Assisted Living Facility Must Manage
Advance Directives*
(1) The facility must maintain written
policies regarding the implementation of advance directives.
The policies must include a clear and precise statement of
any procedure the facility is unwilling or unable to provide
or withhold in accordance with an advance directive.
(2) The facility must provide written notice of these
policies to residents at the time they are admitted to
receive services from the facility. |
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(A) If, at the time notice is to
be provided, the resident is incompetent or otherwise
incapacitated and unable to receive the notice, the facility
must provide the written notice, in the following order of
preference, to: |
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(i) the resident's legal guardian;
(ii) a person responsible for the resident's health care
decisions;
(iii) the resident's spouse;
(iv) the resident's adult child;
(v) the resident's parents; or
(vi) the person admitting the resident. |
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(B) If the facility is unable,
after diligent search, to locate an individual listed under
subparagraph (A) of this paragraph, the facility is not
required to give notice. |
(3) If a resident who was
incompetent or otherwise incapacitated and unable to receive
notice regarding the facility's advance directives policies
later becomes able to receive the notice, the facility must
provide the written notice at the time the resident becomes
able to receive the notice.
(4) Failure to inform the resident of facility policies
regarding the implementation of advance directives will
result in an administrative penalty of $500. |
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(A) Facilities will receive
written notice of the recommendation for an administrative
penalty.
(B) Within 20 days after the date on which written notice is
sent to a facility, the facility must give written consent
to the penalty or make written request for a hearing to the
Texas Health and Human Services Commission.
(C) Hearings will be held in accordance with the formal
hearing procedures at 1 TAC Chapter 357, Subchapter I. |
*From: Texas Department of Aging and Disability
Services (DADS) Licensing Standards for Assisted Living Facilities
Subchapter A, §92.41
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