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A BILL TO BE ENTITLED
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AN ACT
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relating to including medically fragile individuals in the Texas |
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Division of Emergency Management's emergency assistance registry |
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for wellness checks during certain emergencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 418, Government Code, is amended by |
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adding Subchapter J to read as follows: |
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SUBCHAPTER J. WELLNESS CHECKS FOR MEDICALLY FRAGILE INDIVIDUALS |
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DURING CERTAIN EMERGENCIES |
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Sec. 418.301. DEFINITIONS. In this subchapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Department" means the Department of State Health |
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Services. |
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(3) "Emergency assistance registry" means the |
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registry maintained by the division that provides local emergency |
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planners and emergency responders with additional information on |
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the needs of certain individuals in their communities. |
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(4) "First responder" means any federal, state, or |
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local personnel who may respond to a disaster, including: |
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(A) public health and public safety personnel; |
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(B) commissioned law enforcement personnel; |
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(C) fire protection personnel, including |
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volunteer firefighters; |
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(D) emergency medical services personnel, |
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including hospital emergency facility staff; |
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(E) a member of the National Guard; or |
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(F) a member of the Texas State Guard. |
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(5) "Medically fragile individual" means any |
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individual who, during a time of disaster or emergency, would be |
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particularly vulnerable because of a medical condition, including |
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individuals: |
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(A) with Alzheimer's disease and other related |
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disorders; |
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(B) receiving dialysis services; |
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(C) who are diagnosed with a debilitating chronic |
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illness; |
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(D) who are dependent on oxygen treatment; and |
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(E) who have medical conditions that require |
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24-hour supervision from a skilled nurse. |
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Sec. 418.302. MEDICALLY FRAGILE INDIVIDUAL DESIGNATION. |
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The division shall develop a process for designating individuals |
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who are included in the emergency assistance registry as medically |
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fragile for the purposes of this chapter. |
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Sec. 418.303. EMERGENCY ASSISTANCE REGISTRY ACCESS. The |
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division shall authorize the following persons to access the |
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emergency assistance registry to assist medically fragile |
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individuals during an event described by Section 418.305: |
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(1) the commission; |
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(2) the department; |
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(3) first responders; |
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(4) local governments; and |
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(5) local health departments. |
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Sec. 418.304. REQUIRED WELLNESS CHECK. The division shall |
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collaborate with the persons authorized to access the emergency |
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assistance registry under Section 418.303 and with applicable |
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municipalities and counties to ensure that a wellness check is |
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conducted on each medically fragile individual listed in the |
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emergency assistance registry and located in an area that |
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experiences an event described by Section 418.305 to ensure the |
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individual has: |
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(1) continuity of care; and |
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(2) the ability to continue using electrically powered |
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medical equipment, if applicable. |
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Sec. 418.305. EVENTS REQUIRING WELLNESS CHECKS. (a) The |
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division, in collaboration with the commission and the department, |
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shall adopt rules regarding which events require a wellness check, |
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including: |
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(1) an extended power, water, or gas outage; |
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(2) a state of disaster declared under this chapter; |
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or |
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(3) any other event considered necessary by the |
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commission, the department, or the division. |
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(b) If more than one disaster is declared for the same |
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event, or the same event qualifies as an event requiring a wellness |
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check for multiple reasons under Subsection (a), only one wellness |
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check is required to be conducted under this subchapter. |
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Sec. 418.306. REQUIREMENTS FOR WELLNESS CHECK. (a) The |
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division, in collaboration with the commission and the department, |
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by rule shall develop minimum standards for conducting wellness |
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checks. Each county and municipality shall adopt procedures for |
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conducting wellness checks in compliance with the minimum |
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standards. |
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(b) A wellness check on a medically fragile individual under |
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this subchapter must: |
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(1) include: |
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(A) an automated telephone call and text to the |
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individual; |
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(B) a personalized telephone call to the |
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individual; and |
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(C) if the individual is unresponsive to a |
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telephone call under Paragraph (B), an in-person wellness check; |
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and |
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(2) be conducted in accordance with the minimum |
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standards prescribed by division rule and the procedures of the |
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applicable county or municipality. |
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(c) A wellness check must be conducted as soon as |
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practicable but not later than 24 hours after the event requiring a |
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wellness check occurs. |
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Sec. 418.307. RULES. The division, in collaboration with |
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the commission and the department, shall adopt rules to implement |
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this subchapter. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Texas Division of Emergency Management shall adopt |
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the rules necessary to implement Subchapter J, Chapter 418, |
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Government Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |