Posted July6, 2001
On May 17, 2001, TDHS announced that it approved rules for palliative care plans under 40 TAC § 19.802. The rules went into effect June 1, 2001. TDHS also provided a form that can be used when palliative care is being provided.
TDHS stated that use of this form is optional and that it may be helpful to facility staff and surveyors. We advise that nursing facilities use this form, or a similar one, despite its use being labeled as “optional” by TDHS. Not only will it serve as a reminder that a different type of care is being provided to the resident, but it will also alert surveyors to the fact that a particular resident is receiving “comfort” care rather than curative treatment. Use of this form will also allow nursing and hospice staff to define who is responsible for what treatment. This can prevent confusion over different responsibilities which can happen when a resident is receiving care from more than one provider.
More importantly, use of this form can protect you from being cited for deficiencies. It will clearly state the resident’s health conditions that are unavoidable, such as pressure sores and declines in nutritional status, thus preventing surveyors from claiming that you did not know the condition or treat the resident.
If you need a copy of this form, please call us at (512) 302-1103 or e-mail us at Info@GarloWard.com and tell us that you want a copy of the palliative care form.
All information in this article is informational only and is not legal advice. Should you have any questions or a situation requiring advice, please contact an attorney.
Copyright 2004 by Garlo Ward, P.C., all rights reserved
Austin, Texas 78752-3714 USA
Telephone: 512-302-1103
Facsimilie: 512-302-3256
Email: Info@Garloward.com
