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

(A) Each long-term care facility shall distribute to appropriate residents , 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 resident with: (1) A Department-based informational pamphlet; or (2) A similar informational pamphlet that meets the specifications in 105 CMR 150.031(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 long-term care facility shall provide the information in 105 CMR 150.031(A) to appropriate residents in a timely manner. (D) Each long-term care facility shall have a policy for identifying appropriate residents and ensuring they receive an informational pamphlet. Such policies shall be made available to the Department upon request. (E) Each long-term care facility shall inform all primary care providers 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 residents with a terminal illness or condition. (F) Where the resident lacks capacity to reasonably understand and make informed decisions, the information in 105 CMR 150.031(A) shall be provided to the person with legal authority to make health care decisions for that resident. (G) The long-term care facility (level I through IV) shall make available to the Department proof it is in compliance with 105 CMR 150.031(A) and (C) through (E) upon request or at the time of inspection.