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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring an emergency operation plan for continued |
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treatment of patients in an end stage renal disease facility in the |
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event of a disaster and the prioritization of power restoration for |
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those facilities during certain disasters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.014, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) The rules adopted under Section 251.003 must contain |
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minimum standards to protect the health and safety of a patient of |
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an end stage renal disease facility, including standards for: |
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(1) the qualifications and supervision of the |
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professional staff, including physicians, and other personnel; |
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(2) the equipment used by the facility is compatible |
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with the health and safety of the patients; |
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(3) the sanitary and hygienic conditions in the |
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facility; |
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(4) quality assurance for patient care; |
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(5) the provision and coordination of treatment and |
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services by the facility; |
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(6) clinical records maintained by the facility; |
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(7) design and space requirements for the facility for |
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safe access by patients and personnel and for ensuring patient |
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privacy; |
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(8) indicators of the quality of care provided by the |
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facility; [and] |
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(9) water treatment and reuse by the facility; and |
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(10) the continued treatment of patients during a |
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state of disaster declared under Section 418.014, Government Code, |
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or a declaration of local disaster declared under Section 418.108, |
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Government Code, including the development and adoption of a |
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comprehensive emergency operation plan. |
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(c) The emergency operation plan described by Subsection |
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(a)(10) must: |
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(1) include a plan to communicate to a patient any |
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changes in the patient's dialysis treatment schedule; |
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(2) include a plan to address patient transportation |
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to and from the facility in the event of a disaster that obstructs |
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or impairs roadways; and |
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(3) require a facility to execute a contract with one |
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or more end stage renal disease facilities located within a |
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100-mile radius stipulating that each facility will provide |
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dialysis treatment to patients of the other facility if necessary |
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in the event of a disaster. |
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SECTION 2. Sections 38.072(a) and (b), Utilities Code, are |
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amended to read as follows: |
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(a) In this section: |
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(1) "Assisted living facility" has the meaning |
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assigned by Section 247.002, Health and Safety Code. |
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(2) "End stage renal disease facility" has the meaning |
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assigned by Section 251.001, Health and Safety Code. |
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(3) "Extended power outage" has the meaning assigned |
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by Section 13.1395, Water Code. |
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(4) [(3)] "Hospice services" has the meaning assigned |
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by Section 142.001, Health and Safety Code. |
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(5) [(4)] "Nursing facility" has the meaning assigned |
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by Section 242.301, Health and Safety Code. |
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(b) The commission by rule shall require an electric utility |
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to give to the following the same priority that it gives to a |
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hospital in the utility's emergency operations plan for restoring |
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power after an extended power outage: |
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(1) a nursing facility; |
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(2) an assisted living facility; [and] |
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(3) an end stage renal disease facility; and |
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(4) a facility that provides hospice services. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, each end stage renal disease facility shall develop and |
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implement an emergency operation plan under Section 251.014, Health |
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and Safety Code, as amended by this Act. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the Public Utility Commission of Texas shall adopt the |
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rules required by Section 38.072, Utilities Code, as amended by |
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this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |