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

(A) Each clinic 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 140.1201(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 as defined in guidelines of the Department. (C) Each clinic shall provide its attending health care practitioners the information in 105 CMR 140.1201(A) for distribution to appropriate patients in a timely manner. (D) Each clinic shall have a policy to guide its attending health care practitioners for identifying appropriate patients and ensuring they receive an informational pamphlet. Such policies shall be made available to the Department upon request. (E) Each clinic shall inform all physicians, nurse practitioners, and physician assistants 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 140.1201(A) shall be provided to the person with legal authority to make health care decisions for that patient. (G) The clinic shall make available to the Department proof it is in compliance with 105 CMR 140.1201(A) and (C) through (E) upon request or at the time of inspection.