Licensing Requirements for In-home Supportive Palliative Care

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In recent years, the landscape of palliative care in Texas has evolved significantly, particularly in the realm of in-home supportive services. Senate Bill 916, passed during the 86th Legislature Regular Session in 2019, brought about significant changes, establishing Texas Health and Safety Code (HSC) Chapter 142A, which delineated the framework for supportive palliative care. This legislative action aimed to enhance the quality of life for patients with serious illnesses, irrespective of age or prognosis, by providing comprehensive, patient- and family-centered care.

Read the Offical Provider Letter Below:

→ Long-Term Care Regulatory Provider Letter

One crucial aspect addressed in this legislative update is the licensing requirements for providers offering in-home supportive palliative care services. The recent Long-Term Regulatory Provider Letter (PL 2021-35), issued by Texas Health and Human Services (HHS), offers invaluable guidance on navigating these requirements.

Texas Health and Human Services underscores the definition of supportive palliative care services as physician-directed, interdisciplinary care provided to a patient with a serious illness without regard to the patient’s age or terminal prognosis.

This definition, as outlined in Texas Health and Safety Code (HSC) Chapter 142A, emphasizes the following key points:

• Supportive palliative care may be provided concurrently with methods of treatment or therapies that seek to cure or minimize the effects of the patient’s illness.
• Its primary goal is to optimize the quality of life for patients with life-threatening or life-limiting illnesses and their families.
• Supportive palliative care encompasses various methods aimed at addressing the patient’s total suffering related to physical, emotional, social, and spiritual aspects, while also meeting the patient’s and family’s needs regarding treatment options, education, informed consent, and expression of desires.

For providers intending to offer in-home supportive palliative care services, obtaining a Home and Community Support Services Agency (HCSSA) license with home health designation is imperative. Texas Health and Human Services outlines the licensure requirements and underscores the importance of compliance with state licensing standards, including staffing qualifications and training.

Moreover, the letter provides clarity on the limitations for hospice agencies, emphasizing that hospice services must be elected by patients with a limited prognosis and cannot be provided to individuals who do not meet eligibility criteria. Hospice agencies intending to provide supportive palliative care must adhere to strict regulations and, if necessary, obtain additional licensing.

In conclusion, the Long-Term Regulatory Provider Letter (PL 2021-35) issued by Texas Health and Human Services provides vital insights into the licensing requirements for in-home supportive palliative care in Texas. Defined by Texas Health and Safety Code (HSC) Chapter 142A, supportive palliative care emphasizes patient-centered, interdisciplinary care aimed at optimizing quality of life. Providers must adhere to licensing standards outlined by Texas HHS, ensuring the delivery of comprehensive care. By staying informed and following regulatory guidance, providers can continue to meet the evolving needs of patients and families, enhancing outcomes in supportive palliative care delivery.

Supportive palliative care. Texas Health and Human Services. (n.d.). https://www.hhs.texas.gov/services/health/supportive-palliative-care

Health and Safety Code Chapter 142A. Supportive palliative care services. (n.d.). https://statutes.capitol.texas.gov/Docs/HS/htm/HS.142A.htm

Texas. (n.d.-a). https://www.hhs.texas.gov/sites/default/files/documents/providers/communications/2021/letters/PL2021-35.pdf