(a) Baseline care plans.
  (1) The facility must develop and implement a baseline care plan for each resident that includes the instructions needed to provide effective and person-centered care of the resident that meet professional standards of quality care. The baseline care plan must:
    (A) be developed within 48 hours of a resident's admission;
    (B) include the minimum healthcare information necessary to properly care for a resident, including:
      (i) initial goals based on admission orders;
      (ii) physician orders;
      (iii) dietary orders;
      (iv) therapy services;
      (v) social services; and
      (vi) PASRR recommendation, if applicable.
  (2) The facility may develop a comprehensive care plan in place of the baseline care plan if the comprehensive care plan:
    (A) is developed within 48 hours of the resident's admission; and
    (B) meets the requirements set forth in subsections (b) - (g) of this section, except subsection (c)(1) of this section.
  (3) The facility must provide the resident and the resident representative a summary of the baseline care plan that includes:
    (A) the initial goals of the resident;
    (B) a summary of the resident's medications and dietary instructions;
    (C) any services and treatments to be administered by the facility and personnel acting on behalf of the facility; and
    (D) any updated information based on the details of the comprehensive care plan, as necessary.
(b) A facility must develop a comprehensive care plan for each resident, consistent with the resident's rights, that includes measurable short-term and long-term objectives and timeframes to meet a resident's medical, nursing, mental, and psychosocial needs that are identified in the comprehensive assessment. If a child is admitted to the facility, the comprehensive care plan must be based on the child's individual needs. The comprehensive care plan must describe the following:
  (1) the services that are to be furnished to attain or maintain the resident's highest practicable physical, mental, and psychosocial well-being as required under §19.701 of this chapter (relating to Quality of Life) and §19.901 of this chapter (relating to Quality of Care);
  (2) any services that would otherwise be required under §19.701 of this chapter and §19.901 of this chapter but are not provided due to the resident's exercise of rights, including the right to refuse treatment under §19.403(i) of this chapter (relating to Notice of Rights and Services);
  (3) any nursing facility specialized services or nursing facility PASRR support activities the nursing facility will provide as a result of PASRR recommendations, in accordance with Subchapter BB of this chapter (relating to Nursing Facility Responsibilities Related To Preadmission Screening And Resident Review (PASRR)); and
  (4) in consultation with the resident and resident representative:
    (A) the resident's goals for admission and desired outcomes;
    (B) the resident's preference and potential for future discharge, whether the resident's desire to return to the community was assessed, and any referrals to local contact agencies or other appropriate entities; and
    (C) discharge plans in the comprehensive care plan as appropriate, in accordance with §19.803 of this subchapter (relating to Discharge Summary (Discharge Plan of Care)).
(c) The comprehensive care plan must be:
  (1) developed within seven days after completion of the comprehensive assessment;
  (2) prepared by an interdisciplinary team that includes:
    (A) the attending physician;
    (B) a registered nurse with responsibility for the resident;
    (C) a nurse aide with responsibility for the resident;
    (D) the qualified dietitian or director of food and nutrition services;
    (E) other appropriate staff in disciplines as determined by the resident's needs or as requested by the resident; and
    (F) to the extent practicable, the participation of the resident and the resident representative;
  (3) periodically reviewed and revised by a team of qualified persons after each assessment, including both the comprehensive and quarterly review assessments; and
  (4) for a resident under 22 years of age, annually reviewed at a comprehensive care plan meeting between the facility and the resident's LAR as defined in §19.805(a)(5) of this subchapter (relating to Permanency Planning for a Resident Under 22 Years of Age), which includes a review of:
    (A) the LAR's contact information as required by §19.805(b)(4)(F) of this subchapter;
    (B) the resident's comprehensive assessment;
    (C) the resident's educational status; and
    (D) the resident's permanency plan.
(d) Regarding subsection (c)(2)(F) of this section, an explanation must be included in a resident's clinical record if the participation of the resident and the resident representative is determined not practicable for the development of the resident's comprehensive care plan.
(e) A comprehensive care plan must include:
  (1) for a resident under 18 years of age, the activities, supports, and services that, when provided or facilitated by the facility, will enable the resident to live with a family; or
  (2) for a resident 18-22 years of age, the activities, supports, and services that, when provided or facilitated by the facility, will result in the resident having a consistent and nurturing environment in the least restrictive setting, as defined by the resident and LAR as defined in §19.805(a)(5) of this subchapter.
(f) A comprehensive care plan may include a palliative plan of care. This plan may be developed only at the request of the resident, surrogate decision maker or legal representative for residents with terminal conditions, end stage diseases or other conditions for which curative medical interventions are not appropriate. The plan of care must have goals that focus on maintaining a safe, comfortable and supportive environment in providing care to a resident at the end of life.
(g) For a resident under 22 years of age, the facility must provide written notice to the LAR, as defined in §19.805(a)(5) of this subchapter, of a meeting to conduct an annual review of the resident's comprehensive care plan no later than 21 days before the meeting date and request a response from the LAR.
(h) The services provided or arranged by the facility must:
  (1) meet professional standards of quality;
  (2) be provided by qualified persons in accordance with each resident's written comprehensive care plan; and
  (3) effective November 28, 2019, be culturally-competent and trauma-informed.
(i) The comprehensive care plan must be made available to all direct care staff.

Source Note: The provisions of this §554.802 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective June 1, 2001, 26 TexReg 3824; amended to be effective September 1, 2006, 31 TexReg 6800; amended to be effective March 24, 2020, 45 TexReg 2025; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871