Texas 2017 - 85th Regular

Texas House Bill HB2425 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Price, et al. H.B. No. 2425
2		-	(Senate Sponsor - Taylor of Collin)
3		-	(In the Senate - Received from the House May 8, 2017;
4		-	May 9, 2017, read first time and referred to Committee on Health &
5		-	Human Services; May 16, 2017, reported favorably by the following
6		-	vote: Yeas 7, Nays 1; May 16, 2017, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 2425
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to a requirement that a hospital allow a patient to
13	6		designate a caregiver to receive aftercare instruction regarding
14	7		the patient.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Subtitle F, Title 4, Health and Safety Code, is
17	10		amended by adding Chapter 317 to read as follows:
18	11		CHAPTER 317. DESIGNATION OF CAREGIVER FOR RECEIPT OF AFTERCARE
19	12		INSTRUCTION
20	13		Sec. 317.001. DEFINITIONS. In this chapter:
21	14		(1) "Aftercare" means assistance provided by a
22	15		designated caregiver to a person after that person's discharge from
23	16		a hospital, as described by this chapter. The term includes
24	17		assistance with tasks that are related to the person's condition at
25	18		the time of that person's discharge from a hospital but does not
26	19		include those tasks required to be performed by a licensed health
27	20		care professional.
28	21		(2) "Designated caregiver" means an individual
29	22		designated by a patient, including a relative, partner, friend, or
30	23		neighbor, who:
31	24		(A) is at least 18 years of age;
32	25		(B) has a significant relationship with the
33	26		patient; and
34	27		(C) will provide aftercare to the patient.
35	28		(3) "Discharge" means a patient's release from a
36	29		hospital following an inpatient admission.
37	30		(4) "Hospital" means a general or special hospital
38	31		licensed under Chapter 241 or exempt from licensure under Section
39	32		241.004(3).
40	33		(5) "Patient" means a person that is receiving or has
41	34		received health care services at a hospital.
42	35		(6) "Surrogate decision-maker" has the meaning
43	36		assigned by Section 313.002.
44	37		Sec. 317.0015. APPLICABILITY. This chapter applies only to
45	38		a patient who is:
46	39		(1) 18 years of age or older; or
47	40		(2) younger than 18 years of age who has had the
48	41		disabilities of minority removed.
49	42		Sec. 317.002. DESIGNATION OF CAREGIVER. (a) On admission
50	43		to a hospital or before the patient is discharged or transferred to
51	44		another facility, the hospital shall provide the patient, the
52	45		patient's legal guardian, or the patient's surrogate decision-maker
53	46		the opportunity to designate a caregiver.
54	47		(b) If a patient, a patient's legal guardian, or a patient's
55	48		surrogate decision-maker designates a caregiver, a hospital shall:
56	49		(1) document in the patient's medical record:
57	50		(A) the name, telephone number, and address of
58	51		the patient's designated caregiver; and
59	52		(B) the relationship of the designated caregiver
60	53		to the patient; and
61	54		(2) request written authorization from the patient,
62	55		the patient's legal guardian, or the patient's surrogate
63	56		decision-maker to disclose health care information to the patient's
64	57		designated caregiver.
65	58		(c) If a patient, a patient's legal guardian, or a patient's
66	59		surrogate decision-maker declines to designate a caregiver, the
67	60		hospital shall promptly record in the patient's medical record that
68	61		the patient, the patient's legal guardian, or the patient's
69	62		surrogate decision-maker did not wish to designate a caregiver.
70	63		(d) If a patient, a patient's legal guardian, or a patient's
71	64		surrogate decision-maker declines to give authorization to a
72	65		hospital to disclose health care information to the designated
73	66		caregiver, a hospital is not required to comply with Sections
74	67		317.003 and 317.004.
75	68		(e) A patient, a patient's legal guardian, or a patient's
76	69		surrogate decision-maker may change the patient's designated
77	70		caregiver at any time, and the hospital must document the change in
78	71		the patient's medical record.
79	72		(f) The designation of a person as the patient's caregiver
80	73		does not obligate the person to serve as the patient's designated
81	74		caregiver or to provide aftercare to the patient.
82	75		Sec. 317.003. NOTICE TO DESIGNATED CAREGIVER. (a) Except
83	76		as provided by Section 317.002(d), as soon as possible before a
84	77		patient's discharge or transfer to another facility but not later
85	78		than the time the patient's attending physician issues a discharge
86	79		order, a hospital shall notify the designated caregiver of the
87	80		patient's discharge or transfer. The inability of the hospital to
88	81		contact the designated caregiver may not interfere with, delay, or
89	82		otherwise affect any medical care provided to the patient or the
90	83		discharge of the patient.
91	84		(b) If the hospital is unable to contact the designated
92	85		caregiver, the hospital shall promptly record in the patient's
93	86		medical record that the hospital attempted to contact the
94	87		designated caregiver.
95	88		Sec. 317.004. DISCHARGE PLAN. (a) Except as provided by
96	89		Section 317.002(d), before a patient's discharge from a hospital,
97	90		the hospital shall provide to the patient and designated caregiver
98	91		a written discharge plan that describes the patient's aftercare
99	92		needs.
100	93		(b) A discharge plan must include:
101	94		(1) the name and contact information of the designated
102	95		caregiver and the designated caregiver's relationship to the
103	96		patient;
104	97		(2) a description of the aftercare tasks that the
105	98		patient requires written in a manner that is culturally competent;
106	99		and
107	100		(3) the contact information for any health care
108	101		resources necessary to meet the patient's aftercare needs.
109	102		Sec. 317.005. INSTRUCTION IN AFTERCARE TASKS. Before a
110	103		patient's discharge from the hospital to any setting in which
111	104		health care services are not regularly provided to others, the
112	105		hospital shall provide the designated caregiver instruction and
113	106		training as necessary for the caregiver to perform aftercare tasks.
114	107		Sec. 317.006. RULES. The executive commissioner of the
115	108		Health and Human Services Commission shall adopt rules necessary to
116	109		implement this chapter.
117	110		Sec. 317.007. RIGHTS AND REMEDIES. (a) This chapter may
118	111		not be construed to:
119	112		(1) interfere with the rights of an agent operating
120	113		under a valid advance directive in accordance with Chapter 166; or
121	114		(2) alter, amend, revoke, or supersede any existing
122	115		right or remedy granted under any other provision of law.
123	116		(b) This chapter does not create a private right of action
124	117		against:
125	118		(1) a hospital, a hospital employee, or a person in a
126	119		contractual relationship with a hospital; or
127	120		(2) a designated caregiver.
128	121		(c) A hospital, a hospital employee, or a person in a
129	122		contractual relationship with a hospital may not be held liable in
130	123		any way for services rendered or not rendered by a patient's
131	124		designated caregiver to the patient.
132	125		(d) A designated caregiver may not be reimbursed by a
133	126		government or commercial payer for aftercare assistance provided
134	127		under this chapter.
135	128		(e) Nothing in this chapter may be construed:
136	129		(1) to alter the obligation of an insurance company,
137	130		health service corporation, hospital service corporation, medical
138	131		service corporation, health maintenance organization, or other
139	132		entity issuing health benefit plans to provide coverage required
140	133		under a health benefit plan;
141	134		(2) to affect, impede, or otherwise disrupt or reduce
142	135		the reimbursement obligations of an insurance company, health
143	136		service corporation, hospital service corporation, medical service
144	137		corporation, health maintenance organization, or other entity
145	138		issuing health benefit plans; or
146	139		(3) to affect the time at which a patient may be
147	140		discharged or transferred from a hospital to another facility.
148	141		SECTION 2. This Act takes effect immediately if it receives
149	142		a vote of two-thirds of all the members elected to each house, as
150	143		provided by Section 39, Article III, Texas Constitution. If this
151	144		Act does not receive the vote necessary for immediate effect, this
152	145		Act takes effect September 1, 2017.
153		-	* * * * *
	146	+	______________________________ ______________________________
	147	+	President of the Senate Speaker of the House
	148	+	I certify that H.B. No. 2425 was passed by the House on May 6,
	149	+	2017, by the following vote: Yeas 140, Nays 2, 2 present, not
	150	+	voting.
	151	+	______________________________
	152	+	Chief Clerk of the House
	153	+	I certify that H.B. No. 2425 was passed by the Senate on May
	154	+	19, 2017, by the following vote: Yeas 28, Nays 3.
	155	+	______________________________
	156	+	Secretary of the Senate
	157	+	APPROVED: _____________________
	158	+	Date
	159	+	_____________________
	160	+	Governor