| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the right of certain facility residents to designate an |
|
|
essential caregiver for in-person visitation. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle B, Title 4, Health and Safety Code, is |
|
|
amended by adding Chapter 260B to read as follows: |
|
|
CHAPTER 260B. RIGHT TO ESSENTIAL CAREGIVER VISITS FOR CERTAIN |
|
|
FACILITY RESIDENTS |
|
|
Sec. 260B.0001. DEFINITIONS. In this chapter: |
|
|
(1) "Essential caregiver" means a family member, |
|
|
friend, or other individual selected by a facility resident for |
|
|
in-person visits. |
|
|
(2) "Executive commissioner" means the executive |
|
|
commissioner of the Health and Human Services Commission. |
|
|
(3) "Facility" means: |
|
|
(A) a nursing facility licensed under Chapter |
|
|
242; or |
|
|
(B) an assisted living facility licensed under |
|
|
Chapter 247. |
|
|
(4) "Resident" means an individual, including a |
|
|
patient, who resides in a facility. |
|
|
Sec. 260B.0002. RESIDENT'S RIGHT TO ESSENTIAL CAREGIVER |
|
|
VISITS. (a) A facility resident has the right to designate at |
|
|
least one essential caregiver with whom the facility may not |
|
|
prohibit in-person visitation. |
|
|
(b) Notwithstanding Subsection (a), the executive |
|
|
commissioner by rule shall develop guidelines to assist facilities |
|
|
in establishing essential caregiver visitation policies and |
|
|
procedures. The guidelines must require the facilities to: |
|
|
(1) allow residents to designate for in-person |
|
|
visitation at least one essential caregiver, and more than one if |
|
|
needed; |
|
|
(2) establish a visitation schedule allowing the |
|
|
essential caregiver to visit the resident for the greater of two |
|
|
hours each day or the hours necessary for the caregiver to complete |
|
|
all caregiving tasks; |
|
|
(3) establish procedures to enable personal contact |
|
|
between the resident and essential caregiver while requiring social |
|
|
distancing between the caregiver and facility staff; |
|
|
(4) obtain a signed acknowledgment from the essential |
|
|
caregiver in which the caregiver agrees to follow the facility's |
|
|
safety protocols, including: |
|
|
(A) wearing personal protective equipment while |
|
|
visiting the resident; |
|
|
(B) completing a health screening before |
|
|
entering the facility; |
|
|
(C) submitting to regular viral testing; and |
|
|
(D) monitoring symptoms, practicing social |
|
|
distancing, and limiting contact with individuals outside of the |
|
|
facility; and |
|
|
(5) establish a visitor's log for contact tracing. |
|
|
(c) In the event of a conflict between this section and any |
|
|
other law, this section prevails. |
|
|
SECTION 2. Chapter 555, Health and Safety Code, is amended |
|
|
by adding Subchapter F to read as follows: |
|
|
SUBCHAPTER F. RIGHT TO ESSENTIAL CAREGIVER VISITS |
|
|
Sec. 555.201. DEFINITION. In this chapter, "essential |
|
|
caregiver" means a family member, friend, or other individual |
|
|
selected by a resident for in-person visits. |
|
|
Sec. 555.202. RESIDENT'S RIGHT TO ESSENTIAL CAREGIVER |
|
|
VISITS. (a) A resident of a state supported living center has the |
|
|
right to designate at least one essential caregiver with whom the |
|
|
center may not prohibit in-person visitation. |
|
|
(b) Notwithstanding Subsection (a), the executive |
|
|
commissioner by rule shall develop guidelines to assist state |
|
|
supported living centers in establishing essential caregiver |
|
|
visitation policies and procedures. The guidelines must require the |
|
|
centers to: |
|
|
(1) allow residents to designate for in-person |
|
|
visitation at least one essential caregiver, and more than one if |
|
|
needed; |
|
|
(2) establish a visitation schedule allowing the |
|
|
essential caregiver to visit the resident for the greater of two |
|
|
hours each day or the hours necessary for the caregiver to complete |
|
|
all caregiving tasks; |
|
|
(3) establish procedures to enable personal contact |
|
|
between the resident and essential caregiver while requiring social |
|
|
distancing between the caregiver and center staff; |
|
|
(4) obtain a signed acknowledgement from the essential |
|
|
caregiver in which the caregiver agrees to follow the center's |
|
|
safety protocols, including: |
|
|
(A) wearing personal protective equipment while |
|
|
visiting the resident; |
|
|
(B) completing a health screening before |
|
|
entering the center; |
|
|
(C) submitting to regular viral testing; and |
|
|
(D) monitoring symptoms, practicing social |
|
|
distancing, and limiting contact with individuals outside of the |
|
|
center; and |
|
|
(5) establish a visitor's log for contact tracing. |
|
|
(c) In the event of a conflict between this section and any |
|
|
other law, this section prevails. |
|
|
SECTION 3. As soon as practicable after the effective date |
|
|
of this Act, the executive commissioner of the Health and Human |
|
|
Services Commission shall establish the guidelines required by |
|
|
Sections 260B.0002 and 555.202, Health and Safety Code, as added by |
|
|
this Act. |
|
|
SECTION 4. This Act takes effect September 1, 2021. |