Bill Text: TX SB1417 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to a requirement that a hospital allow a patient to designate a caregiver to receive aftercare instruction regarding the patient.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-19 - Left pending in committee [SB1417 Detail]
Download: Texas-2017-SB1417-Introduced.html
85R11798 JCG-F | ||
By: Taylor of Collin | S.B. No. 1417 |
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relating to a requirement that a hospital allow a patient to | ||
designate a caregiver to receive aftercare instruction regarding | ||
the patient. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle F, Title 4, Health and Safety Code, is | ||
amended by adding Chapter 317 to read as follows: | ||
CHAPTER 317. DESIGNATION OF CAREGIVER FOR RECEIPT OF AFTERCARE | ||
INSTRUCTION | ||
Sec. 317.001. DEFINITIONS. In this chapter: | ||
(1) "Aftercare" means assistance provided by a | ||
designated caregiver to a person after that person's discharge from | ||
a hospital, as described by this chapter. The term includes | ||
assistance with tasks that are related to the person's condition at | ||
the time of that person's discharge from a hospital but does not | ||
include those tasks required to be performed by a licensed health | ||
care professional. | ||
(2) "Designated caregiver" means an individual | ||
designated by a patient, including a relative, partner, friend, or | ||
neighbor, who: | ||
(A) is at least 18 years of age; | ||
(B) has a significant relationship with the | ||
patient; and | ||
(C) will provide aftercare to the patient. | ||
(3) "Discharge" means a patient's release from a | ||
hospital following an inpatient admission. | ||
(4) "Hospital" means a general or special hospital | ||
licensed under Chapter 241 or exempt from licensure under Section | ||
241.004(3). | ||
(5) "Surrogate decision-maker" has the meaning | ||
assigned by Section 313.002. | ||
Sec. 317.002. DESIGNATION OF CAREGIVER. (a) On admission | ||
to a hospital or before the patient is discharged or transferred to | ||
another facility, the hospital shall provide the patient, the | ||
patient's legal guardian, or the patient's surrogate decision-maker | ||
the opportunity to designate a caregiver. | ||
(b) If a patient, a patient's legal guardian, or a patient's | ||
surrogate decision-maker designates a caregiver, a hospital shall: | ||
(1) document in the patient's medical record: | ||
(A) the name, telephone number, and address of | ||
the patient's designated caregiver; and | ||
(B) the relationship of the designated caregiver | ||
to the patient; and | ||
(2) request written authorization from the patient, | ||
the patient's legal guardian, or the patient's surrogate | ||
decision-maker to disclose health care information to the patient's | ||
designated caregiver. | ||
(c) If a patient, a patient's legal guardian, or a patient's | ||
surrogate decision-maker declines to designate a caregiver, the | ||
hospital shall promptly record in the patient's medical record that | ||
the patient, the patient's legal guardian, or the patient's | ||
surrogate decision-maker did not wish to designate a caregiver. | ||
(d) If a patient, a patient's legal guardian, or a patient's | ||
surrogate decision-maker declines to give authorization to a | ||
hospital to disclose health care information to the designated | ||
caregiver, a hospital is not required to comply with Sections | ||
317.003 and 317.004. | ||
(e) A patient, a patient's legal guardian, or a patient's | ||
surrogate decision-maker may change the patient's designated | ||
caregiver at any time, and the hospital must document the change in | ||
the patient's medical record. | ||
(f) The designation of a person as the patient's caregiver | ||
does not obligate the person to serve as the patient's designated | ||
caregiver or to provide aftercare to the patient. | ||
Sec. 317.003. NOTICE TO DESIGNATED CAREGIVER. (a) Except | ||
as provided by Section 317.002(d), as soon as possible before a | ||
patient's discharge or transfer to another facility but not later | ||
than the time the patient's attending physician issues a discharge | ||
order, a hospital shall notify the designated caregiver of the | ||
patient's discharge or transfer. The inability of the hospital to | ||
contact the designated caregiver may not interfere with, delay, or | ||
otherwise affect any medical care provided to the patient or the | ||
discharge of the patient. | ||
(b) If the hospital is unable to contact the designated | ||
caregiver, the hospital shall promptly record in the patient's | ||
medical record that the hospital attempted to contact the | ||
designated caregiver. | ||
Sec. 317.004. DISCHARGE PLAN. (a) Except as provided by | ||
Section 317.002(d), before a patient's discharge from a hospital, | ||
the hospital shall provide to the patient and designated caregiver | ||
a written discharge plan that describes the patient's aftercare | ||
needs. | ||
(b) A discharge plan must include: | ||
(1) the name and contact information of the designated | ||
caregiver and the designated caregiver's relationship to the | ||
patient; | ||
(2) a description of the aftercare tasks that the | ||
patient requires written in a manner that is culturally competent; | ||
and | ||
(3) the contact information for any health care | ||
resources necessary to implement the patient's discharge plan. | ||
Sec. 317.005. INSTRUCTION IN AFTERCARE TASKS. Before a | ||
patient's discharge from the hospital to any setting in which | ||
health care services are not regularly provided to others, the | ||
hospital shall provide the designated caregiver instruction and | ||
training as necessary for the caregiver to perform aftercare tasks. | ||
Sec. 317.006. RULES. The executive commissioner of the | ||
Health and Human Services Commission shall adopt rules necessary to | ||
implement this chapter. | ||
Sec. 317.007. RIGHTS AND REMEDIES. (a) This chapter may | ||
not be construed to: | ||
(1) interfere with the rights of an agent operating | ||
under a valid advance directive in accordance with Chapter 166; or | ||
(2) alter, amend, revoke, or supersede any existing | ||
right or remedy granted under any other provision of law. | ||
(b) This chapter does not create a private right of action | ||
against: | ||
(1) a hospital, a hospital employee, or a person in a | ||
contractual relationship with a hospital; or | ||
(2) a designated caregiver. | ||
(c) A hospital, a hospital employee, or a person in a | ||
contractual relationship with a hospital may not be held liable in | ||
any way for services rendered or not rendered by a patient's | ||
designated caregiver to the patient. | ||
(d) A designated caregiver may not be reimbursed by a | ||
government or commercial payer for aftercare assistance provided | ||
under this chapter. | ||
(e) Nothing in this chapter may be construed: | ||
(1) to alter the obligation of an insurance company, | ||
health service corporation, hospital service corporation, medical | ||
service corporation, health maintenance organization, or other | ||
entity issuing health benefit plans to provide coverage required | ||
under a health benefit plan; | ||
(2) to affect, impede, or otherwise disrupt or reduce | ||
the reimbursement obligations of an insurance company, health | ||
service corporation, hospital service corporation, medical service | ||
corporation, health maintenance organization, or other entity | ||
issuing health benefit plans; or | ||
(3) to affect the time at which a patient may be | ||
discharged or transferred from a hospital to another facility. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |