Bill Text: TX SB1195 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the right of certain hospital patients to designate an essential caregiver for in-person visitation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-31 - Left pending in committee [SB1195 Detail]
Download: Texas-2021-SB1195-Introduced.html
| By: Paxton | S.B. No. 1195 | |
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| relating to the right of certain hospital patients 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 241(B) to read as follows: | ||
| CHAPTER 241B. RIGHT TO ESSENTIAL CAREGIVER VISITS FOR CERTAIN | ||
| HOSPITAL PATIENTS | ||
| Sec. 241B.0001. DEFINITIONS. In this chapter: | ||
| (1) "Essential caregiver" means a family member, | ||
| friend, or other individual selected by a facility patient for | ||
| in-person visits. | ||
| (2) "Executive commissioner" means the executive | ||
| commissioner of the Health and Human Services Commission. | ||
| (3) "Hospital" includes general hospital and special | ||
| hospital licensed under Chapter 241. | ||
| (4) "Patient" means a person who, to receive medical | ||
| care, consults with or is seen by a physician. | ||
| (5) "Child" or "Minor" means a person under 18 years of | ||
| age who is not and has not been married or who has not had the | ||
| disabilities of minority removed for general purposes. | ||
| (6) "Parent" has the meaning assigned under Section | ||
| 101.024, Family Code. | ||
| Sec. 241B.0002 PATIENT'S RIGHT TO ESSENTIAL CAREGIVER | ||
| VISITS. (a) A hospital patient has the right to designate at least | ||
| one essential caregiver with whom the hospital may not prohibit | ||
| in-person visitation. | ||
| (b) In the case of a patient who is a minor, the hospital must | ||
| designate as an essential caregiver: | ||
| (1) any parent that has not had their rights limited by | ||
| a court; and | ||
| (2) any person with conservatorship over the minor that | ||
| has not been limited by a court. | ||
| (c) Notwithstanding Subsections (a) and (b), the executive | ||
| commissioner by rule shall develop guidelines to assist hospitals | ||
| in establishing essential caregiver visitation policies and | ||
| procedures. The guidelines must require hospitals to: | ||
| (1) allow patients 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 patient 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 patient and essential caregiver; | ||
| (4) obtain a signed acknowledgment from the essential | ||
| caregiver in which the caregiver agrees to follow the hospital's | ||
| safety protocols. | ||
| (d) In the event of a conflict between this section and any | ||
| other law, this section prevails. | ||
| SECTION 2. 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 241B.0002, Health and Safety Code, as added by the Act. | ||
| SECTION 4. This Act takes effect September 1, 2021. | ||
