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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of certain residents to designate an |
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essential caregiver for in-person visitation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. It is the intent of the legislature to ensure |
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that residents of long-term care facilities and other residences |
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have a guaranteed right to visitation by family members, friends, |
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caregivers, and other individuals. The legislature expects |
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facilities and program providers to ensure that the guaranteed |
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visitation rights are available to residents every day of each |
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year, consistent with existing resident rights. The legislature |
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intends for facilities and program providers to temporarily limit a |
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resident's guaranteed visitation rights to in-person visitation by |
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essential caregivers only during a declared public health |
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emergency. |
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SECTION 2. Subtitle B, Title 4, Health and Safety Code, is |
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amended by adding Chapter 260B to read as follows: |
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CHAPTER 260B. RIGHT TO ESSENTIAL CAREGIVER VISITS |
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FOR CERTAIN RESIDENTS |
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Sec. 260B.0001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Essential caregiver" means a family member, |
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friend, guardian, or other individual selected by a resident for |
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in-person visits. |
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(3) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(4) "Facility" means: |
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(A) a nursing facility licensed under Chapter |
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242; |
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(B) an assisted living facility licensed under |
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Chapter 247; or |
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(C) an intermediate care facility for |
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individuals with an intellectual disability licensed under Chapter |
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252. |
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(5) "Program provider" means a person that provides |
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services through the home and community-based services (HCS) waiver |
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program in a residence. |
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(6) "Residence" means a three-person or four-person |
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residence, as defined by the home and community-based services |
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(HCS) waiver program billing guidelines, that is leased or owned by |
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a program provider. The term does not include a host home or |
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companion care. |
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(7) "Resident" means: |
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(A) an individual, including a patient, who |
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resides in a facility; or |
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(B) an individual enrolled in the home and |
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community-based services (HCS) waiver program who resides in a |
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residence. |
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Sec. 260B.0002. RESIDENT'S RIGHT TO ESSENTIAL CAREGIVER |
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VISITS. (a) A resident, resident's guardian, or resident's legally |
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authorized representative has the right to designate an essential |
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caregiver with whom the facility or program provider may not |
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prohibit in-person visitation. |
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(b) Notwithstanding Subsection (a), the executive |
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commissioner by rule shall develop guidelines to assist facilities |
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and program providers in establishing essential caregiver |
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visitation policies and procedures. The guidelines must require |
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the facilities and program providers to: |
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(1) allow a resident, resident's guardian, or |
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resident's legally authorized representative to designate for |
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in-person visitation an essential caregiver in the same manner that |
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a resident would designate a power of attorney; |
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(2) establish a visitation schedule allowing the |
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essential caregiver to visit the resident for at least two hours |
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each day; |
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(3) establish procedures to enable physical contact |
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between the resident and essential caregiver; |
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(4) obtain the signature of the essential caregiver |
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certifying that the caregiver will follow the facility's or program |
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provider's safety protocols and any other rules adopted under this |
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section; and |
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(5) establish a visitor's log. |
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(c) A facility or program provider may revoke an |
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individual's designation as an essential caregiver if the caregiver |
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violates the facility's or provider's safety protocols or rules |
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adopted under this section. If a facility or program provider |
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revokes an individual's designation as an essential caregiver under |
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this subsection, the resident, resident's guardian, or resident's |
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legally authorized representative has the right to immediately |
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designate another individual as the resident's essential |
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caregiver. |
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(d) Safety protocols adopted by a facility or program |
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provider for an essential caregiver under this section may not be |
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more stringent than safety protocols for the staff of the facility |
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or residence. |
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(e) A facility or program provider may petition the |
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commission to suspend essential caregiver visits for not more than |
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seven days if in-person visitation poses a serious community health |
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risk. The commission may deny the facility's or program provider's |
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request to suspend in-person essential caregiver visitation if the |
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commission determines that in-person visitation does not pose a |
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serious community health risk. A facility or program provider |
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shall request an extension from the commission to suspend in-person |
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essential caregiver visitation for more than seven days. The |
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commission may not approve an extension under this subsection for a |
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period that exceeds seven days, and a facility or program provider |
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must separately request each extension. |
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(f) This section may not be construed as requiring an |
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essential caregiver to provide necessary care to a resident, and a |
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facility or program provider may not require an essential caregiver |
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to provide necessary care. |
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(g) In the event of a conflict between this section and any |
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other law, this section prevails. |
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SECTION 3. Chapter 555, Health and Safety Code, is amended |
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by adding Subchapter F to read as follows: |
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SUBCHAPTER F. RIGHT TO ESSENTIAL CAREGIVER VISITS |
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Sec. 555.201. DEFINITION. In this chapter, "essential |
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caregiver" means a family member, friend, guardian, or other |
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individual selected by a resident for in-person visits. |
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Sec. 555.202. RESIDENT'S RIGHT TO ESSENTIAL CAREGIVER |
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VISITS. (a) A resident of a state supported living center or the |
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resident's guardian has the right to designate an essential |
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caregiver with whom the center may not prohibit in-person |
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visitation. |
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(b) Notwithstanding Subsection (a), the executive |
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commissioner by rule shall develop guidelines to assist state |
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supported living centers in establishing essential caregiver |
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visitation policies and procedures. The guidelines must require |
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the centers to: |
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(1) allow a resident or guardian of a resident to |
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designate for in-person visitation an essential caregiver; |
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(2) establish a visitation schedule allowing the |
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essential caregiver to visit the resident for at least two hours |
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each day; |
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(3) establish procedures to enable physical contact |
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between the resident and essential caregiver; |
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(4) obtain the signature of the essential caregiver |
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certifying that the caregiver will follow the center's safety |
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protocols and any other rules adopted under this section; and |
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(5) establish a visitor's log. |
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(c) A state supported living center may revoke an |
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individual's designation as an essential caregiver if the essential |
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caregiver violates the center's safety protocols or rules adopted |
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under this section. If a state supported living center revokes an |
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individual's designation as an essential caregiver under this |
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subsection, the resident or resident's guardian has the right to |
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immediately designate another individual as the resident's |
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essential caregiver. |
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(d) Safety protocols adopted by a state supported living |
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center for an essential caregiver under this section may not be more |
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stringent than safety protocols for center staff. |
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(e) A state supported living center may petition the |
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commission to suspend essential caregiver visits for not more than |
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seven days if in-person visitation poses a serious community health |
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risk. The commission may deny the state supported living center's |
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request to suspend in-person essential caregiver visitation if the |
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commission determines that in-person visitation does not pose a |
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serious community health risk. A state supported living center |
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shall request an extension from the commission to suspend in-person |
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essential caregiver visitation for more than seven days. The |
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commission may not approve an extension under this subsection for a |
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period that exceeds seven days, and a state supported living center |
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must separately request each extension. |
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(f) This section may not be construed as requiring an |
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essential caregiver to provide necessary care to a resident, and a |
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state supported living center may not require an essential |
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caregiver to provide necessary care. |
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(g) In the event of a conflict between this section and any |
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other law, this section prevails. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall prescribe the guidelines required by |
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Sections 260B.0002 and 555.202, Health and Safety Code, as added by |
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this Act. |
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SECTION 5. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 6. This Act takes effect September 1, 2021. |