Bill Text: TX HB892 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the right of certain facility residents to designate an essential caregiver for in-person visitation.
Sponsorship: Moderate Partisan Bill (Republican 12-2)
Status: (Introduced - Dead) 2021-03-09 - Left pending in committee [HB892 Detail]
Download: Texas-2021-HB892-Introduced.html
| 87R2070 SRA-D | ||
| By: Frank | H.B. No. 892 | |
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| relating to the right of certain facility residents to designate an | ||
| essential caregiver for in-person visitation. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle B, Title 4, Health and Safety Code, is | ||
| amended by adding Chapter 260B to read as follows: | ||
| CHAPTER 260B. RIGHT TO ESSENTIAL CAREGIVER VISITS FOR CERTAIN | ||
| FACILITY RESIDENTS | ||
| Sec. 260B.0001. DEFINITIONS. In this chapter: | ||
| (1) "Essential caregiver" means a family member, | ||
| friend, or other individual selected by a facility resident for | ||
| in-person visits. | ||
| (2) "Executive commissioner" means the executive | ||
| commissioner of the Health and Human Services Commission. | ||
| (3) "Facility" means: | ||
| (A) a nursing facility licensed under Chapter | ||
| 242; or | ||
| (B) an assisted living facility licensed under | ||
| Chapter 247. | ||
| (4) "Resident" means an individual, including a | ||
| patient, who resides in a facility. | ||
| Sec. 260B.0002. RESIDENT'S RIGHT TO ESSENTIAL CAREGIVER | ||
| VISITS. (a) A facility resident has the right to designate at | ||
| least one essential caregiver with whom the facility may not | ||
| prohibit in-person visitation. | ||
| (b) Notwithstanding Subsection (a), the executive | ||
| commissioner by rule shall develop guidelines to assist facilities | ||
| in establishing essential caregiver visitation policies and | ||
| procedures. The guidelines must require the facilities to: | ||
| (1) allow residents to designate for in-person | ||
| visitation at least one essential caregiver, and more than one if | ||
| needed; | ||
| (2) establish a visitation schedule allowing the | ||
| essential caregiver to visit the resident for the greater of two | ||
| hours each day or the hours necessary for the caregiver to complete | ||
| all caregiving tasks; | ||
| (3) establish procedures to enable personal contact | ||
| between the resident and essential caregiver while requiring social | ||
| distancing between the caregiver and facility staff; | ||
| (4) obtain a signed acknowledgment from the essential | ||
| caregiver in which the caregiver agrees to follow the facility's | ||
| safety protocols, including: | ||
| (A) wearing personal protective equipment while | ||
| visiting the resident; | ||
| (B) completing a health screening before | ||
| entering the facility; | ||
| (C) submitting to regular viral testing; and | ||
| (D) monitoring symptoms, practicing social | ||
| distancing, and limiting contact with individuals outside of the | ||
| facility; and | ||
| (5) establish a visitor's log for contact tracing. | ||
| (c) In the event of a conflict between this section and any | ||
| other law, this section prevails. | ||
| SECTION 2. Chapter 555, Health and Safety Code, is amended | ||
| by adding Subchapter F to read as follows: | ||
| SUBCHAPTER F. RIGHT TO ESSENTIAL CAREGIVER VISITS | ||
| Sec. 555.201. DEFINITION. In this chapter, "essential | ||
| caregiver" means a family member, friend, or other individual | ||
| selected by a resident for in-person visits. | ||
| Sec. 555.202. RESIDENT'S RIGHT TO ESSENTIAL CAREGIVER | ||
| VISITS. (a) A resident of a state supported living center has the | ||
| right to designate at least one essential caregiver with whom the | ||
| center may not prohibit in-person visitation. | ||
| (b) Notwithstanding Subsection (a), the executive | ||
| commissioner by rule shall develop guidelines to assist state | ||
| supported living centers in establishing essential caregiver | ||
| visitation policies and procedures. The guidelines must require the | ||
| centers to: | ||
| (1) allow residents to designate for in-person | ||
| visitation at least one essential caregiver, and more than one if | ||
| needed; | ||
| (2) establish a visitation schedule allowing the | ||
| essential caregiver to visit the resident for the greater of two | ||
| hours each day or the hours necessary for the caregiver to complete | ||
| all caregiving tasks; | ||
| (3) establish procedures to enable personal contact | ||
| between the resident and essential caregiver while requiring social | ||
| distancing between the caregiver and center staff; | ||
| (4) obtain a signed acknowledgement from the essential | ||
| caregiver in which the caregiver agrees to follow the center's | ||
| safety protocols, including: | ||
| (A) wearing personal protective equipment while | ||
| visiting the resident; | ||
| (B) completing a health screening before | ||
| entering the center; | ||
| (C) submitting to regular viral testing; and | ||
| (D) monitoring symptoms, practicing social | ||
| distancing, and limiting contact with individuals outside of the | ||
| center; and | ||
| (5) establish a visitor's log for contact tracing. | ||
| (c) In the event of a conflict between this section and any | ||
| other law, this section prevails. | ||
| SECTION 3. As soon as practicable after the effective date | ||
| of this Act, the executive commissioner of the Health and Human | ||
| Services Commission shall establish the guidelines required by | ||
| Sections 260B.0002 and 555.202, Health and Safety Code, as added by | ||
| this Act. | ||
| SECTION 4. This Act takes effect September 1, 2021. | ||
