(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), may elect hospice care for the individual.
(b) If hospice care is elected for an individual in accordance with 40 TAC §30.16 (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 §419.227 of this title (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 §419.246 of this subchapter (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 subchapter 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.

Source Note: The provisions of this §261.274 adopted to be effective January 5, 2003, 27 TexReg 12251; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127