Tenn. Comp. R. & Regs. 1200-08-06-.13 - Policies and Procedures for Health Care Decision-Making in Nursing Homes

All nursing homes must establish policies and procedures for the designation of a decision maker for health care decisions of a resident who is incompetent or lacks capacity.  An adult or emancipated minor resident may execute an advance directive, which may authorize an individual to make health care decisions on the resident’s behalf.  An adult or emancipated minor resident may also authorize an individual to make health care decisions through the use of a surrogate.  A surrogate may be used when it is determined that the resident lacks capacity and no guardian has been appointed, or the guardian is not reasonably available.  Unless otherwise specified, a person then-authorized to make health care decisions for a resident has the same rights as the resident to request, receive, examine, copy and consent to the disclosure of any other health care information.