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