1. A. Each health care provider shall establish and maintain written policies and procedures regarding advance directives. A health care provider shall maintain these policies and procedures for review by the department during a survey. These policies and procedures must include:

   1. 1. a written provision relating to individual rights, under federal and state law/regulation to make decisions concerning medical treatment;
   2. 2. the right of a patient to formulate advance directives as defined by the federal and state laws/regulations;
   3. 3. provisions providing adequate written notice of individual adult patients (at the time of admission, commencement, or enrollment) concerning patient rights;
   4. 4. a copy of existing advance directives in the patient’s medical records;
   5. 5. documentation of information dissemination as required in §915;
   6. 6. documentation in the individual’s medical record as to whether the individual has executed an advance directive;
   7. 7. a plan for participation in community and staff educational campaigns regarding advance directive by newsletters, articles in local newspapers, local news reports, or commercials; and

   8. 8. an assurance of compliance with state law with regard to:

      1. a. informing relevant personnel and networks of health care providers and services;
      2. b. providing information about advance directives;
      3. c. ascertaining existence of advance directives;
      4. d. making reasonable efforts to obtain copies by written request; and
      5. e. transferring copies of advance directives brought in by individuals seeking provider services.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and Title XIX of the Social Security Act.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 20:791 (July 1994), LR 32:847 (May 2006).