Texas 2023 - 88th Regular

Texas Senate Bill SB52

Filed
11/14/22  
Out of Senate Committee
4/3/23  
Voted on by Senate
4/6/23  
Out of House Committee
5/16/23  
Voted on by House
5/19/23  
Governor Action
6/18/23  

Caption

Relating to the right of state hospital patients to designate an essential caregiver for in-person visitation.

Impact

The bill will require the Health and Human Services Commission to develop guidelines that state hospitals must follow when implementing policies for essential caregiver visitation. These policies include allowing at least two hours of visitation each day, enabling physical contact between the patient and caregiver, and establishing protocols for safety. Notably, the legislation limits the ability of hospitals to arbitrarily suspend visitation rights, ensuring that in-person visits cannot be suspended for more than the specified timeframes, underscoring a commitment to preserving the caregiver-patient relationship. The act is set to take effect on September 1, 2023, marking a significant shift in how state hospitals manage patient visits.

Summary

Senate Bill 52 aims to enhance the visitation rights of patients in state hospitals by allowing them to designate an essential caregiver for in-person visits. This legislation was largely informed by the challenges faced during the pandemic, where the absence of designated caregiver access adversely affected patient care and emotional well-being. By providing a structured protocol for essential caregivers, the bill seeks to ensure that patients maintain meaningful connections with individuals designated by them, whether family or friends, thereby promoting a supportive environment during hospital stays. The potential for improved patient care and emotional support is a central tenet of this legislation.

Sentiment

The sentiment surrounding SB 52 has been predominantly positive, with strong support from various stakeholders including patient advocacy groups, healthcare professionals, and legislators. Proponents argue that the bill addresses critical gaps in patient care that became apparent during the COVID-19 pandemic, advocating for the essential role of caregivers in enhancing patient experience. Testimonies from advocates highlight the importance of emotional support that caregivers provide, which can significantly influence recovery and overall mental health. Nonetheless, while the general discourse has been favorable, there are usual concerns about enforcement and the adequacy of guidelines that will be established by the Health and Human Services Commission.

Contention

Potential contention might arise regarding the specific guidelines and protocols that will be developed, as there may be concerns about balancing the needs for visitation with overall hospital safety. Hospitals may seek to implement stringent safety protocols that could potentially restrict access more than intended. There is also the question of how hospitals will handle violations of visitation policies and the revocation of essential caregiver designations—a process that needs careful consideration to protect patient rights while ensuring compliance with hospital regulations. Nevertheless, the act's thrust is aligned with enhancing patient autonomy and caregiving access.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 552. State Hospitals
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX SB1195

Relating to the right of certain hospital patients to designate an essential caregiver for in-person visitation.

TX SB25

Relating to the right of certain residents to designate an essential caregiver for in-person visitation.

TX HB892

Relating to the right of certain facility residents to designate an essential caregiver for in-person visitation.

TX SB267

Relating to the right of certain facility residents to designate an essential caregiver for in-person visitation.

TX HB2897

Relating to the right of certain facility residents to designate an essential caregiver for in-person visitation.

TX SJR48

Proposing a constitutional amendment establishing a right for hospital patients to designate an essential caregiver for in-person visitation.

TX HB2116

Creates provisions relating to visitation rights of patients

TX SB297

Relating to hospital patients' rights and hospital policies and procedures; providing an administrative penalty.

TX SB124

Relating to hospital patients' rights and hospital policies and procedures; providing an administrative penalty.

TX HB151

Relating to health care facilities; to add Section 22-21-437 to the Code of Alabama 1975; to require health care facilities to adopt certain visitation policies; to provide that patients have a right to certain visitation; to allow patients to designate an essential caregiver and to guarantee that caregiver certain visitation rights; to prohibit a health care facility from adopting a visitation policy that is more stringent than certain employee policies; to prohibit a health care facility from requiring visitors to show proof of vaccination or from prohibiting consensual physical contact between visitors and patients; to provide for the circumstances in which patients may not be denied visitors who are not essential caregivers; to require health care facilities to provide visitation policies to the Department of Public Health; to require the Department of Public Health to develop a mechanism for complaints; to provide certain immunity from liability in certain circumstances; and to repeal Sections 22-21-430 through 22-21-436, Code of Alabama 1975, relating to hospital visitation during a public health emergency.

Similar Bills

TX HB2157

Relating to a requirement that a hospital allow a patient to designate a caregiver to receive aftercare instruction regarding the patient.

NJ S1158

Prohibits certain steering and marketing practices involving dispensing of prescription drugs and drug samples.

NJ A2587

Prohibits certain steering and marketing practices involving dispensing of prescription drugs and drug samples.

NJ A2331

Prohibits certain steering and marketing practices involving dispensing of prescription drugs and drug samples.

NJ S958

Establishes right of hospital patients to be accompanied by patient advocate.

TX HB1901

Relating to the disclosure of certain mental health records of deceased state hospital patients.

TX SB1417

Relating to a requirement that a hospital allow a patient to designate a caregiver to receive aftercare instruction regarding the patient.

TX HB2425

Relating to a requirement that a hospital allow a patient to designate a caregiver to receive aftercare instruction regarding the patient.