Bill Text: TX HB2324 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to a designated essential caregiver for residents of certain long-term care facilities during public health emergencies.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-03-15 - Referred to Human Services [HB2324 Detail]

Download: Texas-2021-HB2324-Introduced.html
  87R3355 JG-D
 
  By: Sanford H.B. No. 2324
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a designated essential caregiver for residents of
  certain long-term care facilities during public health
  emergencies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 4, Health and Safety Code, is
  amended by adding Chapter 226 to read as follows:
  CHAPTER 226. LONG-TERM CARE FACILITY ESSENTIAL CAREGIVER
  DESIGNATIONS AND REQUIREMENTS
         Sec. 226.001.  DEFINITIONS. In this chapter:
               (1)  "Essential caregiver" means an individual
  designated as a resident's essential caregiver in accordance with
  Section 226.003.
               (2)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
               (3)  "Long-term care facility" means:
                     (A)  a facility licensed or regulated under
  Chapter 242, 247, or 252; and
                     (B)  a state supported living center as defined by
  Section 531.002.
               (4)  "Public health emergency" means an immediate
  threat from a communicable disease as defined by Section 81.003
  that:
                     (A)  poses a high risk of death or serious
  long-term disability to a large number of people in the general
  population; and
                     (B)  creates a substantial risk of public exposure
  because of the disease's high level of contagion or the method by
  which the disease is transmitted.
               (5)  "Resident" means an individual, including a
  patient or client, who resides in a long-term care facility.
         Sec. 226.002.  PURPOSE. The purpose of this chapter is to
  require long-term care facilities to develop and implement policies
  and procedures for residents to designate an essential caregiver
  and to ensure that during a public health emergency the facility
  provides an essential caregiver with meaningful access to the
  resident to:
               (1)  detect resident concerns and advocate on behalf of
  the resident;
               (2)  observe and communicate to facility staff and
  health care providers important details and changes related to the
  resident's condition or behavior;
               (3)  assist the resident in managing complex or
  critical information;
               (4)  provide emotional support and ensure the
  resident's personal values and care preferences are considered by
  facility staff and health care providers;
               (5)  alleviate caregiving tasks of facility staff and
  health care providers;
               (6)  preserve and promote the resident's quality of
  life; and
               (7)  promote and help maintain a sense of continuity,
  identity, and autonomy for the resident.
         Sec. 226.003.  POLICIES AND PROCEDURES FOR DESIGNATION AND
  USE OF ESSENTIAL CAREGIVER. (a) The executive commissioner by rule
  shall require each long-term care facility to develop and implement
  policies and procedures allowing each resident to designate an
  essential caregiver to whom the facility will provide, in
  accordance with and in the manner described by this chapter,
  meaningful access to the resident during a public health emergency.
         (b)  The policies and procedures must:
               (1)  require long-term care facility staff and health
  care providers to consult each resident to determine the most
  appropriate individual to designate as the resident's essential
  caregiver;
               (2)  establish criteria for individuals to be
  designated as a resident's essential caregiver, provided the
  criteria allow the resident to designate a family member, a friend,
  an outside caregiver, or a volunteer who has provided regular care
  and support to the resident;
               (3)  if demonstrated by one or more individuals' past
  involvement with the resident or necessitated by the resident's
  particular needs, allow a resident to designate more than one
  essential caregiver;
               (4)  authorize a resident's essential caregiver to
  regularly assist facility staff and health care providers in
  providing care and emotional support to the resident, including
  during a public health emergency;
               (5)  except as otherwise provided by Section 226.004
  due to the imposition of quarantine restrictions, require facility
  staff to work cooperatively with each resident and essential
  caregiver to develop a visitation schedule that ensures:
                     (A)  the caregiver has meaningful access to the
  resident during a public health emergency;
                     (B)  the caregiver is allowed access to the
  resident to provide caregiving services:
                           (i)  for the greater of three hours each day
  or the hours necessary for the caregiver to complete the services;
  and
                           (ii)  in a manner, including during evening
  and weekend visits, that accommodates the caregiver's work,
  child-care obligations, or other schedule; and
                     (C)  the number of caregivers admitted to the
  facility at any given time is appropriate for maintaining the
  health, safety, and security of each resident, staff member, and
  health care provider; and
               (6)  ensure that each essential caregiver has access to
  information on the proper use of personal protective equipment
  during a public health emergency.
         Sec. 226.004.  REQUIREMENTS AND RESTRICTIONS FOR ESSENTIAL
  CAREGIVER ACCESS DURING PUBLIC HEALTH EMERGENCY. (a) A long-term
  care facility must designate a central point of entry during a
  public health emergency where each essential caregiver must enter
  and register. Before entering the facility, facility staff or
  health care providers must properly screen each caregiver for
  symptoms of a disease or disorder related to a public health
  emergency in the same manner the facility staff and health care
  providers are screened.
         (b)  An essential caregiver admitted to a long-term care
  facility during a public health emergency must wear all necessary
  personal protective equipment while inside the facility, including
  eye protection or a face mask as necessary, and must frequently
  sanitize the caregiver's hands. The facility shall provide an
  appropriate number of hand sanitizing or other stations located
  throughout the facility for caregivers to maintain proper hygiene
  while inside the facility.
         (c)  A long-term care facility shall establish procedures
  allowing an essential caregiver to walk outside with the resident
  in the area surrounding the facility if the caregiver and resident
  wear appropriate personal protective equipment. A caregiver may
  not take a resident beyond that area other than to an essential
  medical appointment with the authorization of facility staff or
  health care providers.
         (d)  An essential caregiver must:
               (1)  visit or provide care to a resident inside the
  resident's room or another area designated by facility staff or
  health care providers;
               (2)  while inside the facility maintain an appropriate
  social distance from each individual other than the caregiver's
  resident, including facility staff, health care providers, and
  other residents; and
               (3)  immediately notify facility staff or health care
  providers if, within 14 days following the caregiver's most recent
  visit, the caregiver develops a fever or experiences symptoms of a
  disease or disorder related to a public health emergency.
         (e)  Except for a compassionate care visit authorized by a
  long-term care facility, an essential caregiver may not visit a
  resident who is under quarantine restrictions imposed by the
  facility due to the resident testing positive for, being exposed
  to, or experiencing symptoms of a disease or disorder related to a
  public health emergency.
         Sec. 226.005.  RESTRICTION OR REVOCATION OF ESSENTIAL
  CAREGIVER DESIGNATION. (a) A long-term care facility may restrict
  an essential caregiver's access to the facility or revoke a
  caregiver's designation for a violation of Section 226.004.
         (b)  Before restricting an essential caregiver's access or
  revoking a caregiver's designation, a long-term care facility must
  provide the caregiver with an opportunity to discuss the
  restriction or revocation with facility staff, health care
  providers, and the resident in an attempt to correct the violation.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt rules as necessary to implement
  Chapter 226, Health and Safety Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2021.
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