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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on the admission of and care provided to |
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individuals by certain nursing facilities during a public health |
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emergency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter K, Chapter 242, Health and Safety |
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Code, is amended by adding Section 242.405 to read as follows: |
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Sec. 242.405. ADMISSION AND PROVISION OF CARE RESTRICTIONS |
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FOR CERTAIN NURSING FACILITIES DURING PUBLIC HEALTH EMERGENCY. (a) |
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In this section: |
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(1) "COVID-19" means the 2019 novel coronavirus |
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disease. |
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(2) "Pandemic disease" means an infectious disease |
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that spreads to a significant portion of the population of a |
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country, multiple countries, or the world and that poses a |
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substantial risk of a significant number of human fatalities, |
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illnesses, or permanent long-term disabilities. The term includes |
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COVID-19. |
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(3) "Public health emergency" means a public health |
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disaster declared under Chapter 81 or a state of disaster declared |
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under Chapter 418, Government Code, related to public health. |
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(4) "Rating system" means the Centers for Medicare and |
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Medicaid Services five-star quality rating system for nursing |
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facilities. |
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(b) This section applies only to a nursing facility that: |
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(1) is located in a county with a population of 100,000 |
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or more; and |
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(2) holds a rating of one or two stars under the rating |
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system. |
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(c) During a declared public health emergency based on a |
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pandemic disease, a nursing facility subject to this section may |
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admit an individual as a resident only if, on the day of admission |
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or immediately after admission, the individual tests negative on a |
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test for that pandemic disease. |
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(d) If, during a declared public health emergency based on a |
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pandemic disease, a resident of a nursing facility subject to this |
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section tests positive for that pandemic disease, the nursing |
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facility shall, as soon as practicable after the resident tests |
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positive and in coordination with the resident, the resident's |
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family, or the resident's legal guardian, arrange for the transfer |
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of the individual to a facility that holds a rating of three, four, |
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or five stars under the rating system. |
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SECTION 2. This Act takes effect September 1, 2021. |