Provision of Information on Palliative Care and End-of-life Options

(A) Each hospital shall distribute to appropriate patients in its care, directly or through professionally qualified individuals, culturally and linguistically suitable information regarding the availability of palliative care and end-of-life options. This obligation shall be fulfilled by providing the patient with: (1) A Department-issued informational pamphlet; or (2) A similar informational pamphlet that meets the specifications in 105 CMR 130.1901(B). (B) At a minimum, the informational pamphlet shall include: (1) A definition and explanation of advanced care planning, palliative care services and hospice services; and (2) All other requirements defined in guidelines of the Department. (C) Each hospital shall provide its attending health care practitioners the information in 105 CMR 130.1901(A) for distribution to appropriate patients in a timely manner. (D) Each hospital shall have a policy to guide its attending health care practitioners for identifying appropriate patients and ensuring that they receive an informational pamphlet. Such policies shall be made available to the Department upon request. (E) Each hospital shall inform all physicians and nurse practitioners providing care within or on behalf of the facility of the requirements of M.G.L. c. 111, § 227(c) to offer to provide end-of- life counseling to patients with a terminal illness or condition. (F) Where the patient lacks capacity to reasonably understand and make informed decisions, the information in 105 CMR 130.1901(A) shall be provided to the person with legal authority to make health care decisions for that patient. (G) The hospital shall make available to the Department proof that it is in compliance with 105 CMR 130.1901(A) and (C) through (E) upon request or at the time of inspection.