87R2070 SRA-D
	By: Kolkhorst, et al.	S.B. No. 881

	A BILL TO BE ENTITLED
	AN ACT
	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.