Texas 2017 - 85th Regular

Texas Senate Bill SB1417 Compare Versions

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

Old	New	Differences
1	1	85R11798 JCG-F
2	2	By: Taylor of Collin S.B. No. 1417
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 before the patient is discharged or transferred to
39	39	another facility, the hospital shall provide the patient, the
40	40	patient's legal guardian, or the patient's surrogate decision-maker
41	41	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), before a patient's discharge from a hospital,
85	85	the hospital shall provide to the patient and designated caregiver
86	86	a written discharge plan that describes the patient's aftercare
87	87	needs.
88	88	(b) A discharge plan must include:
89	89	(1) the name and contact information of the designated
90	90	caregiver and the designated caregiver's relationship to the
91	91	patient;
92	92	(2) a description of the aftercare tasks that the
93	93	patient requires written in a manner that is culturally competent;
94	94	and
95	95	(3) the contact information for any health care
96	96	resources necessary to implement the patient's discharge plan.
97	97	Sec. 317.005. INSTRUCTION IN AFTERCARE TASKS. Before a
98	98	patient's discharge from the hospital to any setting in which
99	99	health care services are not regularly provided to others, the
100	100	hospital shall provide the designated caregiver instruction and
101	101	training as necessary for the caregiver to perform aftercare tasks.
102	102	Sec. 317.006. RULES. The executive commissioner of the
103	103	Health and Human Services Commission shall adopt rules necessary to
104	104	implement this chapter.
105	105	Sec. 317.007. RIGHTS AND REMEDIES. (a) This chapter may
106	106	not be construed to:
107	107	(1) interfere with the rights of an agent operating
108	108	under a valid advance directive in accordance with Chapter 166; or
109	109	(2) alter, amend, revoke, or supersede any existing
110	110	right or remedy granted under any other provision of law.
111	111	(b) This chapter does not create a private right of action
112	112	against:
113	113	(1) a hospital, a hospital employee, or a person in a
114	114	contractual relationship with a hospital; or
115	115	(2) a designated caregiver.
116	116	(c) A hospital, a hospital employee, or a person in a
117	117	contractual relationship with a hospital may not be held liable in
118	118	any way for services rendered or not rendered by a patient's
119	119	designated caregiver to the patient.
120	120	(d) A designated caregiver may not be reimbursed by a
121	121	government or commercial payer for aftercare assistance provided
122	122	under this chapter.
123	123	(e) Nothing in this chapter may be construed:
124	124	(1) to alter the obligation of an insurance company,
125	125	health service corporation, hospital service corporation, medical
126	126	service corporation, health maintenance organization, or other
127	127	entity issuing health benefit plans to provide coverage required
128	128	under a health benefit plan;
129	129	(2) to affect, impede, or otherwise disrupt or reduce
130	130	the reimbursement obligations of an insurance company, health
131	131	service corporation, hospital service corporation, medical service
132	132	corporation, health maintenance organization, or other entity
133	133	issuing health benefit plans; or
134	134	(3) to affect the time at which a patient may be
135	135	discharged or transferred from a hospital to another facility.
136	136	SECTION 2. This Act takes effect immediately if it receives
137	137	a vote of two-thirds of all the members elected to each house, as
138	138	provided by Section 39, Article III, Texas Constitution. If this
139	139	Act does not receive the vote necessary for immediate effect, this
140	140	Act takes effect September 1, 2017.