87R13687 EAS-F
 
  By: Miles, Huffman S.B. No. 1876
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring an emergency operation plan for continued
  treatment of patients in an end stage renal disease facility in the
  event of a disaster and the prioritization of power restoration for
  those facilities during certain disasters.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 251.014, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (c) to
  read as follows:
         (a)  The rules adopted under Section 251.003 must contain
  minimum standards to protect the health and safety of a patient of
  an end stage renal disease facility, including standards for:
               (1)  the qualifications and supervision of the
  professional staff, including physicians, and other personnel;
               (2)  the equipment used by the facility is compatible
  with the health and safety of the patients;
               (3)  the sanitary and hygienic conditions in the
  facility;
               (4)  quality assurance for patient care;
               (5)  the provision and coordination of treatment and
  services by the facility;
               (6)  clinical records maintained by the facility;
               (7)  design and space requirements for the facility for
  safe access by patients and personnel and for ensuring patient
  privacy;
               (8)  indicators of the quality of care provided by the
  facility; [and]
               (9)  water treatment and reuse by the facility; and 
               (10)  the continued treatment of patients during a
  state of disaster declared under Section 418.014, Government Code,
  or a declaration of local disaster declared under Section 418.108,
  Government Code, including the development and adoption of a
  comprehensive emergency operation plan.
         (c)  The emergency operation plan described by Subsection
  (a)(10) must:
               (1)  include a plan to communicate to a patient any
  changes in the patient's dialysis treatment schedule; 
               (2)  include a plan to address patient transportation
  to and from the facility in the event of a disaster that obstructs
  or impairs roadways; and 
               (3)  require a facility to execute a contract with one
  or more end stage renal disease facilities located within a
  100-mile radius stipulating that each facility will provide
  dialysis treatment to patients of the other facility if necessary
  in the event of a disaster.
         SECTION 2.  Sections 38.072(a) and (b), Utilities Code, are
  amended to read as follows:
         (a)  In this section:
               (1)  "Assisted living facility" has the meaning
  assigned by Section 247.002, Health and Safety Code.
               (2)  "End stage renal disease facility" has the meaning
  assigned by Section 251.001, Health and Safety Code. 
               (3)  "Extended power outage" has the meaning assigned
  by Section 13.1395, Water Code.
               (4) [(3)]  "Hospice services" has the meaning assigned
  by Section 142.001, Health and Safety Code.
               (5) [(4)]  "Nursing facility" has the meaning assigned
  by Section 242.301, Health and Safety Code.
         (b)  The commission by rule shall require an electric utility
  to give to the following the same priority that it gives to a
  hospital in the utility's emergency operations plan for restoring
  power after an extended power outage:
               (1)  a nursing facility;
               (2)  an assisted living facility; [and]
               (3)  an end stage renal disease facility; and 
               (4)  a facility that provides hospice services.
         SECTION 3.  As soon as practicable after the effective date
  of this Act, each end stage renal disease facility shall develop and
  implement an emergency operation plan under Section 251.014, Health
  and Safety Code, as amended by this Act.
         SECTION 4.  As soon as practicable after the effective date
  of this Act, the Public Utility Commission of Texas shall adopt the
  rules required by Section 38.072, Utilities Code, as amended by
  this Act.
         SECTION 5.  This Act takes effect September 1, 2021.