Texas 2015 - 84th Regular

Texas Senate Bill SB1952 Compare Versions

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

Old	New	Differences
1	1	84R12522 MEW-D
2	2	By: Hinojosa S.B. No. 1952
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 assistance provided by a
17	17	designated caregiver to a person after that person's discharge from
18	18	a hospital, as described by this chapter. The term includes
19	19	assistance with tasks that are related to the person's condition at
20	20	the time of that person's discharge from a hospital but does not
21	21	include those tasks required to be performed by a licensed health
22	22	care professional.
23	23	(2) "Designated caregiver" means an individual
24	24	designated by a patient, including a relative, partner, friend, or
25	25	neighbor, who:
26	26	(A) is at least 18 years of age;
27	27	(B) has a significant relationship with the
28	28	patient; and
29	29	(C) will provide aftercare to the patient.
30	30	(3) "Discharge" means a patient's release from a
31	31	hospital following an inpatient admission.
32	32	(4) "Hospital" means a general or special hospital
33	33	licensed under Chapter 241 or exempt from licensure under Section
34	34	241.004(3).
35	35	(5) "Surrogate decision-maker" has the meaning
36	36	assigned by Section 313.002.
37	37	Sec. 317.002. DESIGNATION OF CAREGIVER. (a) On admission
38	38	to a hospital or at the time the patient is discharged or
39	39	transferred to another facility, the hospital shall provide the
40	40	patient, the patient's legal guardian, or the patient's surrogate
41	41	decision-maker the opportunity to designate a caregiver.
42	42	(b) If a patient, a patient's legal guardian, or a patient's
43	43	surrogate decision-maker designates a caregiver, a hospital shall:
44	44	(1) document in the patient's medical record:
45	45	(A) the name, telephone number, and address of
46	46	the patient's designated caregiver; and
47	47	(B) the relationship of the designated caregiver
48	48	to the patient; and
49	49	(2) request written authorization from the patient,
50	50	the patient's legal guardian, or the patient's surrogate
51	51	decision-maker to disclose health care information to the patient's
52	52	designated caregiver.
53	53	(c) If a patient, a patient's legal guardian, or a patient's
54	54	surrogate decision-maker declines to designate a caregiver, the
55	55	hospital shall promptly record in the patient's medical record that
56	56	the patient, the patient's legal guardian, or the patient's
57	57	surrogate decision-maker did not wish to designate a caregiver.
58	58	(d) If a patient, a patient's legal guardian, or a patient's
59	59	surrogate decision-maker declines to give authorization to a
60	60	hospital to disclose health care information to the designated
61	61	caregiver, a hospital is not required to comply with Sections
62	62	317.003 and 317.004.
63	63	(e) A patient, a patient's legal guardian, or a patient's
64	64	surrogate decision-maker may change the patient's designated
65	65	caregiver at any time, and the hospital must document the change in
66	66	the patient's medical record.
67	67	(f) The designation of a person as the patient's caregiver
68	68	does not obligate the person to serve as the patient's designated
69	69	caregiver or to provide aftercare to the patient.
70	70	Sec. 317.003. NOTICE TO DESIGNATED CAREGIVER. (a) Except
71	71	as provided by Section 317.002(d), as soon as possible before a
72	72	patient's discharge or transfer to another facility but not later
73	73	than the time the patient's attending physician issues a discharge
74	74	order, a hospital shall notify the designated caregiver of the
75	75	patient's discharge or transfer. The inability of the hospital to
76	76	contact the designated caregiver may not interfere with, delay, or
77	77	otherwise affect any medical care provided to the patient or the
78	78	discharge of the patient.
79	79	(b) If the hospital is unable to contact the designated
80	80	caregiver, the hospital shall promptly record in the patient's
81	81	medical record that the hospital attempted to contact the
82	82	designated caregiver.
83	83	Sec. 317.004. DISCHARGE PLAN. (a) Except as provided by
84	84	Section 317.002(d), as soon as possible, but not later than 24 hours
85	85	before a patient's discharge from a hospital, the hospital shall
86	86	consult with the designated caregiver and the patient regarding the
87	87	designated caregiver's capabilities and limitations and issue a
88	88	discharge plan that describes the patient's aftercare needs.
89	89	(b) A discharge plan must include:
90	90	(1) the name and contact information of the designated
91	91	caregiver;
92	92	(2) a description of the aftercare tasks included in
93	93	the discharge plan, taking into account the capabilities and
94	94	limitations of the caregiver; and
95	95	(3) the contact information for any health care
96	96	services, community resources, and long-term services and supports
97	97	necessary to implement the patient's discharge plan.
98	98	Sec. 317.005. INSTRUCTION IN AFTERCARE TASKS. (a) The
99	99	hospital shall provide the designated caregiver instruction in the
100	100	aftercare tasks described in the discharge plan under Section
101	101	317.004 in a manner that is culturally competent and in accordance
102	102	with applicable requirements to provide language access services.
103	103	The instruction may be provided in person or by video or other
104	104	technology-based method. If a hospital offers instruction using a
105	105	method other than in-person instruction, the designated caregiver
106	106	may choose the method by which the designated caregiver receives
107	107	the instruction.
108	108	(b) Training and instruction provided to a designated
109	109	caregiver under Subsection (a) must:
110	110	(1) to the extent practicable, be provided using
111	111	clear, nontechnical language; and
112	112	(2) include:
113	113	(A) a 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 who is authorized by the hospital to
116	116	perform the task; and
117	117	(B) an opportunity for the designated caregiver
118	118	and patient to ask questions and receive answers regarding the
119	119	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 and time the instruction was given to the patient and
123	123	designated caregiver.
124	124	Sec. 317.006. RULES. The executive commissioner of the
125	125	Health and Human Services Commission shall adopt rules necessary to
126	126	implement this chapter.
127	127	Sec. 317.007. RIGHTS AND REMEDIES. (a) This chapter may
128	128	not be construed to:
129	129	(1) interfere with the rights of an agent operating
130	130	under a valid advance directive in accordance with Chapter 166; or
131	131	(2) alter, amend, or revoke any existing right or
132	132	remedy granted under any other provision of law.
133	133	(b) This chapter does not create a private right of action
134	134	against a hospital, a hospital employee, or a person in a
135	135	contractual relationship with a hospital.
136	136	(c) A hospital, a hospital employee, or a person in a
137	137	contractual relationship with a hospital may not be held liable in
138	138	any way for services rendered or not rendered by a patient's
139	139	designated caregiver to the patient.
140	140	(d) A designated caregiver may not be reimbursed by a
141	141	government or commercial payer for aftercare assistance provided
142	142	under this chapter.
143	143	(e) Nothing in this chapter may be construed:
144	144	(1) to alter the obligation of an insurance company,
145	145	health service corporation, hospital service corporation, medical
146	146	service corporation, health maintenance organization, or other
147	147	entity issuing health benefit plans to provide coverage required
148	148	under a health benefit plan;
149	149	(2) to affect, impede, or otherwise disrupt or reduce
150	150	the reimbursement obligations of an insurance company, health
151	151	service corporation, hospital service corporation, medical service
152	152	corporation, health maintenance organization, or other entity
153	153	issuing health benefit plans; or
154	154	(3) to affect the time at which a patient may be
155	155	discharged or transferred from a hospital to another facility.
156	156	SECTION 2. This Act takes effect immediately if it receives
157	157	a vote of two-thirds of all the members elected to each house, as
158	158	provided by Section 39, Article III, Texas Constitution. If this
159	159	Act does not receive the vote necessary for immediate effect, this
160	160	Act takes effect September 1, 2015.