(a) General. A special care facility designated as a residential AIDS hospice shall meet the standards of this section. These standards are in addition to the other standards described in this chapter that apply to special care facilities.
(b) Service requirements.
  (1) Palliative care. The facility shall provide palliative care that is reasonable and necessary to meet the needs of a resident and the management of the resident's terminal illness and related conditions.
  (2) Support services. Support services shall be available to both the resident and the family. Support services shall:
    (A) include social, spiritual and emotional care provided to a resident and the family; and
    (B) be under the supervision of a qualified individual who may be a person with a master's degree in social work, an accredited or ordained member of the clergy, or other individual with appropriate training and experience.
  (3) Counseling services. Counseling services shall be available to the resident and the family. If provided, counseling services shall be identified as a need in the resident's plan of care described in subsection (c) of this section.
  (4) Bereavement services. Bereavement services shall be available to the family. The provision of bereavement services shall be:
    (A) provided in an organized program under the supervision of a qualified person who may be a person with a master's in social work, an accredited or ordained member of the clergy, or other individual with appropriate training and experience;
    (B) available to families for up to one year following the death of the resident; and
    (C) identified as a need for the family in the resident's plan of care described in subsection (c) of this section.
(c) Plan of care.
  (1) An interdisciplinary team shall develop an individual plan of care for each resident receiving hospice services.
    (A) The interdisciplinary team shall consist of the resident, a physician, a registered nurse and other appropriate members who are involved with the resident's care.
    (B) Members of the interdisciplinary team may also include a volunteer, an employee of the facility, an individual under contract with facility, or an employee or representative of a home and community support services agency employed by the resident to provide services.
    (C) The interdisciplinary team shall review and revise the resident's plan of care as needed based on changes in the resident's needs, but not less than once a month.
  (2) The plan of care shall identify the need for counseling and bereavement services, as appropriate.
  (3) A physician shall conduct a clinical and medical review of the care and services provided to a resident receiving hospice services. The physician conducting the review shall serve as a member of the interdisciplinary team described in paragraph (1) of this subsection. The physician may be an employee, a volunteer, or a contracted consultant to the facility.
(d) Designation process. The department must approve a special care facility's designation as a residential AIDS hospice prior to the facility's implementation of hospice services.
  (1) A special care facility may request designation as a residential AIDS hospice on the initial application form, or by submitting a written request to the department at any time during the licensing period.
  (2) The department will evaluate the facility's compliance with subsections (a) - (c) of this section prior to approving the residential AIDS hospice designation. This evaluation may be accomplished through a presurvey conference with review of required policies and documents or by means of an onsite inspection.
  (3) The department will send a written notice to the facility regarding the approval or denial of the residential AIDS hospice designation. If denied, the written notice will state the deficient items that resulted in the denial of the application. The facility may submit additional information and request reconsideration of the application.
  (4) The facility may withdraw the residential AIDS hospice designation by submitting a written request to the department. The request shall include the effective date of withdrawal.

Source Note: The provisions of this §506.35 adopted to be effective July 25, 2004, 29 TexReg 6911; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2467