Bill Text: TX SB25 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the right of certain residents to designate an essential caregiver for in-person visitation.
Spectrum: Slight Partisan Bill (Republican 28-13)
Status: (Passed) 2021-06-14 - Effective on 9/1/21 [SB25 Detail]
Download: Texas-2021-SB25-Enrolled.html
S.B. No. 25 |
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relating to the right of certain residents to designate an | ||
essential caregiver for in-person visitation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. It is the intent of the legislature to ensure | ||
that residents of long-term care facilities and other residences | ||
have a guaranteed right to visitation by family members, friends, | ||
caregivers, and other individuals. The legislature expects | ||
facilities and program providers to ensure that the guaranteed | ||
visitation rights are available to residents every day of each | ||
year, consistent with existing resident rights. The legislature | ||
intends for facilities and program providers to temporarily limit a | ||
resident's guaranteed visitation rights to in-person visitation by | ||
essential caregivers only during a declared public health | ||
emergency. | ||
SECTION 2. 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 RESIDENTS | ||
Sec. 260B.0001. DEFINITIONS. In this chapter: | ||
(1) "Commission" means the Health and Human Services | ||
Commission. | ||
(2) "Essential caregiver" means a family member, | ||
friend, guardian, or other individual selected by a resident, | ||
resident's guardian, or resident's legally authorized | ||
representative for in-person visits. | ||
(3) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
(4) "Facility" means: | ||
(A) a nursing facility licensed under Chapter | ||
242; | ||
(B) an assisted living facility licensed under | ||
Chapter 247; or | ||
(C) an intermediate care facility for | ||
individuals with an intellectual disability licensed under Chapter | ||
252. | ||
(5) "Program provider" means a person that provides | ||
services through the home and community-based services (HCS) waiver | ||
program in a residence. | ||
(6) "Residence" means a three-person or four-person | ||
residence, as defined by the home and community-based services | ||
(HCS) waiver program billing guidelines, that is leased or owned by | ||
a program provider. The term does not include a host home or | ||
companion care. | ||
(7) "Resident" means: | ||
(A) an individual, including a patient, who | ||
resides in a facility; or | ||
(B) an individual enrolled in the home and | ||
community-based services (HCS) waiver program who resides in a | ||
residence. | ||
Sec. 260B.0002. RESIDENT'S RIGHT TO ESSENTIAL CAREGIVER | ||
VISITS. (a) A resident, resident's guardian, or resident's legally | ||
authorized representative has the right to designate an essential | ||
caregiver with whom the facility or program provider may not | ||
prohibit in-person visitation. | ||
(b) Notwithstanding Subsection (a), the executive | ||
commissioner by rule shall develop guidelines to assist facilities | ||
and program providers in establishing essential caregiver | ||
visitation policies and procedures. The guidelines must require | ||
the facilities and program providers to: | ||
(1) allow a resident, resident's guardian, or | ||
resident's legally authorized representative to designate for | ||
in-person visitation an essential caregiver in the same manner that | ||
a resident would designate a power of attorney; | ||
(2) establish a visitation schedule allowing the | ||
essential caregiver to visit the resident for at least two hours | ||
each day; | ||
(3) establish procedures to enable physical contact | ||
between the resident and essential caregiver; and | ||
(4) obtain the signature of the essential caregiver | ||
certifying that the caregiver will follow the facility's or program | ||
provider's safety protocols and any other rules adopted under this | ||
section. | ||
(c) A facility or program provider may revoke an | ||
individual's designation as an essential caregiver if the caregiver | ||
violates the facility's or provider's safety protocols or rules | ||
adopted under this section. If a facility or program provider | ||
revokes an individual's designation as an essential caregiver under | ||
this subsection, the resident, resident's guardian, or resident's | ||
legally authorized representative has the right to immediately | ||
designate another individual as the resident's essential | ||
caregiver. The commission by rule shall establish an appeals | ||
process to evaluate the revocation of an individual's designation | ||
as an essential caregiver under this subsection. | ||
(d) Safety protocols adopted by a facility or program | ||
provider for an essential caregiver under this section may not be | ||
more stringent than safety protocols for the staff of the facility | ||
or residence. | ||
(e) A facility or program provider may petition the | ||
commission to suspend in-person essential caregiver visits for not | ||
more than seven days if in-person visitation poses a serious | ||
community health risk. The commission may deny the facility's or | ||
program provider's request to suspend in-person essential | ||
caregiver visitation if the commission determines that in-person | ||
visitation does not pose a serious community health risk. A | ||
facility or program provider may request an extension from the | ||
commission to suspend in-person essential caregiver visitation for | ||
more than seven days. The commission may not approve an extension | ||
under this subsection for a period that exceeds seven days, and a | ||
facility or program provider must separately request each | ||
extension. A facility or program provider may not suspend | ||
in-person essential caregiver visitation in any year for a number | ||
of days that exceeds 14 consecutive days or a total of 45 days. | ||
(f) This section may not be construed as requiring an | ||
essential caregiver to provide necessary care to a resident, and a | ||
facility or program provider may not require an essential caregiver | ||
to provide necessary care. | ||
SECTION 3. 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, guardian, or other | ||
individual selected by a resident, resident's guardian, or | ||
resident's legally authorized representative for in-person visits. | ||
Sec. 555.202. RESIDENT'S RIGHT TO ESSENTIAL CAREGIVER | ||
VISITS. (a) A resident of a state supported living center, the | ||
resident's guardian, or the resident's legally authorized | ||
representative has the right to designate an 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 a resident, resident's guardian, or | ||
resident's legally authorized representative to designate for | ||
in-person visitation an essential caregiver; | ||
(2) establish a visitation schedule allowing the | ||
essential caregiver to visit the resident for at least two hours | ||
each day; | ||
(3) establish procedures to enable physical contact | ||
between the resident and essential caregiver; and | ||
(4) obtain the signature of the essential caregiver | ||
certifying that the caregiver will follow the center's safety | ||
protocols and any other rules adopted under this section. | ||
(c) A state supported living center may revoke an | ||
individual's designation as an essential caregiver if the essential | ||
caregiver violates the center's safety protocols or rules adopted | ||
under this section. If a state supported living center revokes an | ||
individual's designation as an essential caregiver under this | ||
subsection, the resident, resident's guardian, or resident's | ||
legally authorized representative has the right to immediately | ||
designate another individual as the resident's essential | ||
caregiver. The commission by rule shall establish an appeals | ||
process to evaluate the revocation of an individual's designation | ||
as an essential caregiver under this subsection. | ||
(d) Safety protocols adopted by a state supported living | ||
center for an essential caregiver under this section may not be more | ||
stringent than safety protocols for center staff. | ||
(e) A state supported living center may petition the | ||
commission to suspend in-person essential caregiver visits for not | ||
more than seven days if in-person visitation poses a serious | ||
community health risk. The commission may deny the state supported | ||
living center's request to suspend in-person essential caregiver | ||
visitation if the commission determines that in-person visitation | ||
does not pose a serious community health risk. A state supported | ||
living center may request an extension from the commission to | ||
suspend in-person essential caregiver visitation for more than | ||
seven days. The commission may not approve an extension under this | ||
subsection for a period that exceeds seven days, and a state | ||
supported living center must separately request each extension. A | ||
state supported living center may not suspend in-person essential | ||
caregiver visitation in any year for a number of days that exceeds | ||
14 consecutive days or a total of 45 days. | ||
(f) This section may not be construed as requiring an | ||
essential caregiver to provide necessary care to a resident, and a | ||
state supported living center may not require an essential | ||
caregiver to provide necessary care. | ||
SECTION 4. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall prescribe the guidelines and adopt the | ||
rules required by Sections 260B.0002 and 555.202, Health and Safety | ||
Code, as added by this Act. | ||
SECTION 5. If before implementing any provision of this Act | ||
a state agency determines that a waiver or authorization from a | ||
federal agency is necessary for implementation of that provision, | ||
the agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 6. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 25 passed the Senate on | ||
March 17, 2021, by the following vote: Yeas 29, Nays 0; and that | ||
the Senate concurred in House amendments on May 28, 2021, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 25 passed the House, with | ||
amendments, on May 24, 2021, by the following vote: Yeas 144, | ||
Nays 0, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |