Texas 2015 - 84th Regular

Texas House Bill HB2157 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R6200 MEW-D
2	2	By: Miller of Fort Bend H.B. No. 2157
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a requirement that a hospital allow a patient to
8	8	designate a caregiver to receive aftercare instruction regarding
9	9	the patient.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 4, Health and Safety Code, is
12	12	amended by adding Chapter 317 to read as follows:
13	13	CHAPTER 317. DESIGNATION OF CAREGIVER FOR RECEIPT OF AFTERCARE
14	14	INSTRUCTION
15	15	Sec. 317.001. DEFINITIONS. In this chapter:
16	16	(1) "Aftercare" means the assistance provided by a
17	17	caregiver to a patient after the patient's discharge from a
18	18	hospital, including:
19	19	(A) assisting with basic activities of daily
20	20	living;
21	21	(B) assisting with instrumental activities of
22	22	daily living; and
23	23	(C) carrying out medical or nursing tasks,
24	24	including:
25	25	(i) wound care;
26	26	(ii) administering medications; and
27	27	(iii) operating medical equipment.
28	28	(2) "Designated caregiver" means an individual
29	29	designated by a patient, including a relative, partner, friend, or
30	30	neighbor, who:
31	31	(A) is at least 18 years of age;
32	32	(B) has a significant relationship with the
33	33	patient; and
34	34	(C) will provide aftercare to the patient in the
35	35	patient's or caregiver's residence.
36	36	(3) "Discharge" means a patient's release from a
37	37	hospital to the patient's or caregiver's residence following an
38	38	inpatient admission.
39	39	(4) "Hospital" means a general or special hospital
40	40	licensed under Chapter 241 or exempt from licensure under Section
41	41	241.004(3).
42	42	(5) "Residence" means the dwelling where a person
43	43	primarily resides. The term does not include a rehabilitation
44	44	facility, hospital, nursing facility, assisted living facility, or
45	45	group home.
46	46	(6) "Surrogate decision-maker" has the meaning
47	47	assigned by Section 313.002.
48	48	Sec. 317.002. DESIGNATION OF CAREGIVER. (a) Not later than
49	49	the time the patient is discharged or transferred to another
50	50	facility, the hospital shall provide the patient, the patient's
51	51	legal guardian, or the patient's surrogate decision-maker the
52	52	opportunity to designate at least one caregiver.
53	53	(b) If a patient, a patient's legal guardian, or a patient's
54	54	surrogate decision-maker designates a caregiver, a hospital shall
55	55	promptly:
56	56	(1) document in the patient's medical record:
57	57	(A) the name, telephone number, and address of
58	58	the patient's designated caregiver; and
59	59	(B) the relationship of the designated caregiver
60	60	to the patient; and
61	61	(2) request written authorization from the patient,
62	62	the patient's legal guardian, or the patient's surrogate
63	63	decision-maker to disclose health care information to the patient's
64	64	designated caregiver.
65	65	(c) If a patient, a patient's legal guardian, or a patient's
66	66	surrogate decision-maker declines to designate a caregiver, the
67	67	hospital shall promptly record in the patient's medical record that
68	68	the patient, the patient's legal guardian, or the patient's
69	69	surrogate decision-maker did not wish to designate a caregiver.
70	70	(d) If a patient, a patient's legal guardian, or a patient's
71	71	surrogate decision-maker declines to give authorization to a
72	72	hospital to disclose health care information to the designated
73	73	caregiver, a hospital is not required to comply with Sections
74	74	317.003 and 317.004.
75	75	(e) A patient, a patient's legal guardian, or a patient's
76	76	surrogate decision-maker may change the patient's designated
77	77	caregiver at any time, and the hospital must document the change in
78	78	the patient's medical record.
79	79	(f) The designation of a person as the patient's caregiver
80	80	does not obligate the person to serve as the patient's designated
81	81	caregiver or to provide aftercare to the patient.
82	82	Sec. 317.003. NOTICE TO DESIGNATED CAREGIVER. Except as
83	83	provided by Section 317.002(d), as soon as possible before a
84	84	patient's discharge or transfer to another facility, a hospital
85	85	shall notify the designated caregiver of the patient's discharge or
86	86	transfer. The inability of the hospital to contact the designated
87	87	caregiver may not interfere with, delay, or otherwise affect any
88	88	medical care provided to the patient or the discharge of the
89	89	patient.
90	90	Sec. 317.004. DISCHARGE PLAN. (a) Except as provided by
91	91	Section 317.002(d), as soon as possible before a patient's
92	92	discharge from a hospital, the hospital shall consult with the
93	93	designated caregiver and the patient regarding the designated
94	94	caregiver's capabilities and limitations and issue a discharge plan
95	95	that describes the patient's aftercare needs at the patient's or
96	96	caregiver's residence.
97	97	(b) A discharge plan must include:
98	98	(1) the name and contact information of the designated
99	99	caregiver;
100	100	(2) a description of each aftercare task necessary to
101	101	maintain the patient's ability to reside at home or at the
102	102	caregiver's home, taking into account the capabilities and
103	103	limitations of the caregiver; and
104	104	(3) the contact information for any health care
105	105	services, community resources, and long-term services and supports
106	106	necessary to successfully implement the patient's discharge plan.
107	107	Sec. 317.005. INSTRUCTION IN AFTERCARE TASKS. (a) The
108	108	hospital shall provide each designated caregiver instruction in
109	109	each aftercare task described in the discharge plan under Section
110	110	317.004 in a manner that is culturally competent and in accordance
111	111	with applicable requirements to provide language access services.
112	112	(b) The instruction under Subsection (a) must include:
113	113	(1) a live demonstration of each aftercare task that
114	114	is performed by a hospital employee or a person in a contractual
115	115	relationship with the hospital that is authorized by the hospital
116	116	to perform the task; and
117	117	(2) an opportunity for the designated caregiver and
118	118	patient to ask questions and receive satisfactory answers regarding
119	119	the aftercare tasks.
120	120	(c) The hospital shall document in the patient's medical
121	121	record the instruction given under Subsection (a), including the
122	122	date, time, and content of the instruction.
123	123	Sec. 317.006. RULES. The executive commissioner of the
124	124	Health and Human Services Commission shall adopt rules necessary to
125	125	implement this chapter, including requirements for the content and
126	126	scope of any instruction required to be provided by a hospital to a
127	127	designated caregiver.
128	128	Sec. 317.007. RIGHTS AND REMEDIES. (a) This chapter may not
129	129	be construed to:
130	130	(1) interfere with the rights of an agent operating
131	131	under a valid advance directive in accordance with Chapter 166; or
132	132	(2) alter, amend, or revoke any existing right or
133	133	remedy granted under any other provision of law.
134	134	(b) This chapter does not create a private right of action
135	135	against a hospital, a hospital employee, or a person in a
136	136	contractual relationship with a hospital.
137	137	SECTION 2. This Act takes effect immediately if it receives
138	138	a vote of two-thirds of all the members elected to each house, as
139	139	provided by Section 39, Article III, Texas Constitution. If this
140	140	Act does not receive the vote necessary for immediate effect, this
141	141	Act takes effect September 1, 2015.