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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 hospital patients 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. Subtitle B, Title 4, Health and Safety Code is |
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amended by adding Chapter 241(B) to read as follows: |
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CHAPTER 241B. RIGHT TO ESSENTIAL CAREGIVER VISITS FOR CERTAIN |
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HOSPITAL PATIENTS |
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Sec. 241B.0001. DEFINITIONS. In this chapter: |
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(1) "Essential caregiver" means a family member, |
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friend, or other individual selected by a facility patient for |
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in-person visits. |
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(2) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(3) "Hospital" includes general hospital and special |
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hospital licensed under Chapter 241. |
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(4) "Patient" means a person who, to receive medical |
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care, consults with or is seen by a physician. |
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(5) "Child" or "Minor" means a person under 18 years of |
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age who is not and has not been married or who has not had the |
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disabilities of minority removed for general purposes. |
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(6) "Parent" has the meaning assigned under Section |
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101.024, Family Code. |
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Sec. 241B.0002 PATIENT'S RIGHT TO ESSENTIAL CAREGIVER |
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VISITS. (a) A hospital patient has the right to designate at least |
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one essential caregiver with whom the hospital may not prohibit |
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in-person visitation. |
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(b) In the case of a patient who is a minor, the hospital must |
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designate as an essential caregiver: |
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(1) any parent that has not had their rights limited by |
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a court; and |
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(2) any person with conservatorship over the minor that |
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has not been limited by a court. |
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(c) Notwithstanding Subsections (a) and (b), the executive |
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commissioner by rule shall develop guidelines to assist hospitals |
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in establishing essential caregiver visitation policies and |
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procedures. The guidelines must require hospitals to: |
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(1) allow patients to designate for in-person |
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visitation at least one essential caregiver, and more than one if |
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needed; |
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(2) establish a visitation schedule allowing the |
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essential caregiver to visit the patient for the greater of two |
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hours each day or the hours necessary for the caregiver to complete |
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all caregiving tasks; |
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(3) establish procedures to enable personal contact |
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between the patient and essential caregiver; |
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(4) obtain a signed acknowledgment from the essential |
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caregiver in which the caregiver agrees to follow the hospital's |
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safety protocols. |
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(d) 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 2. As soon as practicable after the effective date of |
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this Act, the executive commissioner of the Health and Human |
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Services Commission shall establish the guidelines required by |
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Sections 241B.0002, Health and Safety Code, as added by the Act. |
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SECTION 4. This Act takes effect September 1, 2021. |