26 Tex. Admin. Code § 506.40 - Advance Directives Reporting Requirements

(a) Pursuant to Texas Health and Safety Code (HSC) §166.054, a facility shall complete and submit to the Texas Health and Human Services Commission (HHSC) the Ethics or Medical Committee Reporting Form, which is located on the Texas HHSC website, no later than the 180th day after the facility provides written notice under HSC §166.046(b)(1). The Ethics or Medical Committee Reporting Form collects the following information:

(1) the number of days that elapsed from the patient's admission to the facility to the date notice was provided under HSC §166.046(b)(1);

(2) whether the ethics or medical committee met to review the case under HSC §166.046 and, if the committee did meet, the number of days that elapsed from the date notice was provided under HSC §166.046(b)(1) to the date the meeting was held;

(3) whether the patient was:

(A) transferred to a physician within the same facility who was willing to comply with the patient's advance directive or a health care or treatment decision made by or on behalf of the patient;

(B) transferred to a different health care facility; or

(C) discharged from the facility to a private residence or other setting that is not a health care facility;

(4) whether the patient died while receiving life-sustaining treatment at the facility;

(5) whether life-sustaining treatment was withheld or withdrawn from the patient at the facility after expiration of the time period described by HSC §166.046(e) and, if so, the disposition of the patient after the withholding or withdrawal of life-sustaining treatment at the facility, as selected from the following categories:

(A) the patient died at the facility;

(B) the patient is currently a patient at the facility;

(C) the patient was transferred to a different health care facility; or

(D) the patient was discharged from the facility to a private residence or other setting that is not a health care facility;

(6) the age group of the patient selected from the following categories:

(A) 17 years of age or younger;

(B) 18 years of age or older and younger than 66 years of age; or

(C) 66 years of age or older;

(7) the health insurance coverage status of the patient selected from the following categories:

(A) private health insurance coverage;

(B) public health plan coverage; or

(C) uninsured;

(8) the patient's sex;

(9) the patient's race;

(10) whether the facility was notified of and able to reasonably verify any public disclosure of the contact information for the facility's personnel, physicians or health care professionals who provide care at the facility, or members of the ethics or medical committee in connection with the patient's stay at the facility; and

(11) whether the facility was notified of and able to reasonably verify any public disclosure by facility personnel of the contact information for the patient's immediate family members or the person responsible for the patient's health care decisions in connection with the patient's stay at the facility.

(b) In accordance with HSC §166.054(c)-(e), HHSC publishes on its website an aggregate report of information submitted under subsection (a) of this section in the preceding year by April 1 of each year.

(c) Pursuant to HSC §166.054(g), information collected or submitted under subsection (a) of this section:

(1) is not admissible in a civil or criminal proceeding in which a physician, health care professional acting under the direction of a physician, or health care facility is a defendant;

(2) may not be used in relation to any disciplinary action by a licensing or regulatory agency with oversight over a physician, health care professional acting under the direction of a physician, or health care facility; and

(3) is not public information or subject to disclosure under Texas Government Code Chapter 552, except as permitted by Texas Government Code § 552.008.

Notes

26 Tex. Admin. Code § 506.40

Adopted by Texas Register, Volume 49, Number 43, October 25, 2024, TexReg 8585, eff. 11/1/2024