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 - Dead) 2021-03-15 - Referred to Human Services [HB2324 Detail]
Download: Texas-2021-HB2324-Introduced.html
87R3355 JG-D | ||
By: Sanford | H.B. No. 2324 |
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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. |