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A BILL TO BE ENTITLED
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AN ACT
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relating to supportive palliative care services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 142A.0001, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 142A.0001. DEFINITIONS [DEFINITION]. In this chapter: |
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(1) "Family caregiver" means an individual who: |
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(A) is a relative of an individual in need of |
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supportive palliative care services; |
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(B) assumes a major responsibility for the care |
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and supervision of that individual; and |
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(C) is not a professional or licensed supportive |
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palliative care provider paid to care for that individual. |
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(2) "Hospice services" has the meaning assigned by |
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Section 142.001. |
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(3) "Supportive[, "supportive] palliative care" means |
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physician-directed interdisciplinary patient- and family-centered |
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care provided to a patient with a serious illness without regard to |
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the patient's age or terminal prognosis that: |
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(A) [(1)] may be provided concurrently with |
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methods of treatment or therapies that seek to cure or minimize the |
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effects of the patient's illness; and |
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(B) [(2)] seeks to optimize the quality of life |
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for a patient with a life-threatening or life-limiting illness and |
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the patient's family through various methods, including methods |
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that seek to: |
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(i) [(A)] anticipate, prevent, and treat |
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the patient's total suffering related to the patient's physical, |
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emotional, social, and spiritual condition; |
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(ii) [(B)] address the physical, |
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intellectual, emotional, cultural, social, and spiritual needs of |
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the patient; and |
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(iii) [(C)] facilitate for the patient |
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regarding treatment options, education, informed consent, and |
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expression of desires. |
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SECTION 2. Chapter 142A, Health and Safety Code, is amended |
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by adding Sections 142A.0004, 142A.0005, and 142A.0006 to read as |
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follows: |
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Sec. 142A.0004. EDUCATIONAL MATERIALS ON SUPPORTIVE |
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PALLIATIVE CARE. (a) The commission shall develop educational |
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materials on supportive palliative care, including materials on the |
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differences between supportive palliative care services and |
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hospice services provided in accordance with Chapter 142 or other |
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law. |
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(b) The commission shall provide to interdisciplinary teams |
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of supportive palliative care providers in this state and post on |
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the commission's Internet website the educational materials |
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developed under Subsection (a). |
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Sec. 142A.0005. REQUIRED DISCLOSURE TO PATIENT OR PATIENT'S |
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GUARDIAN OR AGENT. (a) At the time supportive palliative care |
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services are initially provided to a patient, a supportive |
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palliative care provider shall provide a written disclosure to the |
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patient or, if the patient is incapacitated, the patient's legal |
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guardian or agent under a medical power of attorney that provides: |
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(1) advance care options, including information on |
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supportive palliative care services and hospice services and the |
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differences between those services; and |
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(2) if applicable, advance directive options and |
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information on executing an advance directive. |
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(b) A supportive palliative care provider shall include in a |
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patient's medical record a statement certifying the provider |
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provided the written disclosure described by Subsection (a) to the |
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patient or the patient's legal guardian or agent under a medical |
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power of attorney, as applicable. |
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Sec. 142A.0006. FAMILY CAREGIVER TRAINING AND SUPPORT. (a) |
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The commission shall develop and implement policies to increase the |
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training and capacity of health care and social service providers |
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in recognizing and engaging with family caregivers and providing |
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the family caregivers with: |
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(1) written information on evidence-based services |
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and supports for individuals in need of supportive palliative care |
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services; and |
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(2) referrals to supportive palliative care services |
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in the local community. |
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(b) To effectively support and incorporate family |
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caregivers as part of a patient's care team, the commission shall, |
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in consultation with and with the assistance of interdisciplinary |
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teams of supportive palliative care providers: |
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(1) provide to supportive palliative care providers in |
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this state specific written educational information on the value of |
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family caregivers as partners in delivering supportive palliative |
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care services to patients; |
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(2) develop and implement protocols to assess the |
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degree of ability and availability of an individual to effectively |
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serve as a family caregiver and participate in a patient's overall |
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care; |
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(3) in collaboration with social service providers and |
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supportive palliative care coordinators, engage with, educate, and |
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share available resources with family caregivers on supportive |
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palliative care, including: |
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(A) referrals to supportive palliative care |
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services in the local community; and |
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(B) information on applying for supportive |
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palliative care services; |
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(4) identify family caregiver health care and support |
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needs; |
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(5) assist family caregivers in obtaining necessary |
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support by referring family caregivers to appropriate supportive |
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palliative care information and services; and |
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(6) develop a system for reimbursing leave or |
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encouraging employers to provide paid leave to a family caregiver |
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who is temporarily absent from a job while serving as a patient's |
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family caregiver. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act but not later than September 1, 2022, the Health and |
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Human Services Commission shall develop the educational materials |
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on supportive palliative care as required by Section 142A.0004, |
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Health and Safety Code, as added by this Act, and develop and |
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implement the policies, information, protocols, and systems as |
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required by Section 142A.0006, Health and Safety Code, as added by |
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this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |