Texas 2021 - 87th Regular

Texas House Bill HB2324 Compare Versions

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

Old	New	Differences
1	1	87R3355 JG-D
2	2	By: Sanford H.B. No. 2324
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a designated essential caregiver for residents of
8	8	certain long-term care facilities during public health
9	9	emergencies.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle A, Title 4, Health and Safety Code, is
12	12	amended by adding Chapter 226 to read as follows:
13	13	CHAPTER 226. LONG-TERM CARE FACILITY ESSENTIAL CAREGIVER
14	14	DESIGNATIONS AND REQUIREMENTS
15	15	Sec. 226.001. DEFINITIONS. In this chapter:
16	16	(1) "Essential caregiver" means an individual
17	17	designated as a resident's essential caregiver in accordance with
18	18	Section 226.003.
19	19	(2) "Executive commissioner" means the executive
20	20	commissioner of the Health and Human Services Commission.
21	21	(3) "Long-term care facility" means:
22	22	(A) a facility licensed or regulated under
23	23	Chapter 242, 247, or 252; and
24	24	(B) a state supported living center as defined by
25	25	Section 531.002.
26	26	(4) "Public health emergency" means an immediate
27	27	threat from a communicable disease as defined by Section 81.003
28	28	that:
29	29	(A) poses a high risk of death or serious
30	30	long-term disability to a large number of people in the general
31	31	population; and
32	32	(B) creates a substantial risk of public exposure
33	33	because of the disease's high level of contagion or the method by
34	34	which the disease is transmitted.
35	35	(5) "Resident" means an individual, including a
36	36	patient or client, who resides in a long-term care facility.
37	37	Sec. 226.002. PURPOSE. The purpose of this chapter is to
38	38	require long-term care facilities to develop and implement policies
39	39	and procedures for residents to designate an essential caregiver
40	40	and to ensure that during a public health emergency the facility
41	41	provides an essential caregiver with meaningful access to the
42	42	resident to:
43	43	(1) detect resident concerns and advocate on behalf of
44	44	the resident;
45	45	(2) observe and communicate to facility staff and
46	46	health care providers important details and changes related to the
47	47	resident's condition or behavior;
48	48	(3) assist the resident in managing complex or
49	49	critical information;
50	50	(4) provide emotional support and ensure the
51	51	resident's personal values and care preferences are considered by
52	52	facility staff and health care providers;
53	53	(5) alleviate caregiving tasks of facility staff and
54	54	health care providers;
55	55	(6) preserve and promote the resident's quality of
56	56	life; and
57	57	(7) promote and help maintain a sense of continuity,
58	58	identity, and autonomy for the resident.
59	59	Sec. 226.003. POLICIES AND PROCEDURES FOR DESIGNATION AND
60	60	USE OF ESSENTIAL CAREGIVER. (a) The executive commissioner by rule
61	61	shall require each long-term care facility to develop and implement
62	62	policies and procedures allowing each resident to designate an
63	63	essential caregiver to whom the facility will provide, in
64	64	accordance with and in the manner described by this chapter,
65	65	meaningful access to the resident during a public health emergency.
66	66	(b) The policies and procedures must:
67	67	(1) require long-term care facility staff and health
68	68	care providers to consult each resident to determine the most
69	69	appropriate individual to designate as the resident's essential
70	70	caregiver;
71	71	(2) establish criteria for individuals to be
72	72	designated as a resident's essential caregiver, provided the
73	73	criteria allow the resident to designate a family member, a friend,
74	74	an outside caregiver, or a volunteer who has provided regular care
75	75	and support to the resident;
76	76	(3) if demonstrated by one or more individuals' past
77	77	involvement with the resident or necessitated by the resident's
78	78	particular needs, allow a resident to designate more than one
79	79	essential caregiver;
80	80	(4) authorize a resident's essential caregiver to
81	81	regularly assist facility staff and health care providers in
82	82	providing care and emotional support to the resident, including
83	83	during a public health emergency;
84	84	(5) except as otherwise provided by Section 226.004
85	85	due to the imposition of quarantine restrictions, require facility
86	86	staff to work cooperatively with each resident and essential
87	87	caregiver to develop a visitation schedule that ensures:
88	88	(A) the caregiver has meaningful access to the
89	89	resident during a public health emergency;
90	90	(B) the caregiver is allowed access to the
91	91	resident to provide caregiving services:
92	92	(i) for the greater of three hours each day
93	93	or the hours necessary for the caregiver to complete the services;
94	94	and
95	95	(ii) in a manner, including during evening
96	96	and weekend visits, that accommodates the caregiver's work,
97	97	child-care obligations, or other schedule; and
98	98	(C) the number of caregivers admitted to the
99	99	facility at any given time is appropriate for maintaining the
100	100	health, safety, and security of each resident, staff member, and
101	101	health care provider; and
102	102	(6) ensure that each essential caregiver has access to
103	103	information on the proper use of personal protective equipment
104	104	during a public health emergency.
105	105	Sec. 226.004. REQUIREMENTS AND RESTRICTIONS FOR ESSENTIAL
106	106	CAREGIVER ACCESS DURING PUBLIC HEALTH EMERGENCY. (a) A long-term
107	107	care facility must designate a central point of entry during a
108	108	public health emergency where each essential caregiver must enter
109	109	and register. Before entering the facility, facility staff or
110	110	health care providers must properly screen each caregiver for
111	111	symptoms of a disease or disorder related to a public health
112	112	emergency in the same manner the facility staff and health care
113	113	providers are screened.
114	114	(b) An essential caregiver admitted to a long-term care
115	115	facility during a public health emergency must wear all necessary
116	116	personal protective equipment while inside the facility, including
117	117	eye protection or a face mask as necessary, and must frequently
118	118	sanitize the caregiver's hands. The facility shall provide an
119	119	appropriate number of hand sanitizing or other stations located
120	120	throughout the facility for caregivers to maintain proper hygiene
121	121	while inside the facility.
122	122	(c) A long-term care facility shall establish procedures
123	123	allowing an essential caregiver to walk outside with the resident
124	124	in the area surrounding the facility if the caregiver and resident
125	125	wear appropriate personal protective equipment. A caregiver may
126	126	not take a resident beyond that area other than to an essential
127	127	medical appointment with the authorization of facility staff or
128	128	health care providers.
129	129	(d) An essential caregiver must:
130	130	(1) visit or provide care to a resident inside the
131	131	resident's room or another area designated by facility staff or
132	132	health care providers;
133	133	(2) while inside the facility maintain an appropriate
134	134	social distance from each individual other than the caregiver's
135	135	resident, including facility staff, health care providers, and
136	136	other residents; and
137	137	(3) immediately notify facility staff or health care
138	138	providers if, within 14 days following the caregiver's most recent
139	139	visit, the caregiver develops a fever or experiences symptoms of a
140	140	disease or disorder related to a public health emergency.
141	141	(e) Except for a compassionate care visit authorized by a
142	142	long-term care facility, an essential caregiver may not visit a
143	143	resident who is under quarantine restrictions imposed by the
144	144	facility due to the resident testing positive for, being exposed
145	145	to, or experiencing symptoms of a disease or disorder related to a
146	146	public health emergency.
147	147	Sec. 226.005. RESTRICTION OR REVOCATION OF ESSENTIAL
148	148	CAREGIVER DESIGNATION. (a) A long-term care facility may restrict
149	149	an essential caregiver's access to the facility or revoke a
150	150	caregiver's designation for a violation of Section 226.004.
151	151	(b) Before restricting an essential caregiver's access or
152	152	revoking a caregiver's designation, a long-term care facility must
153	153	provide the caregiver with an opportunity to discuss the
154	154	restriction or revocation with facility staff, health care
155	155	providers, and the resident in an attempt to correct the violation.
156	156	SECTION 2. As soon as practicable after the effective date
157	157	of this Act, the executive commissioner of the Health and Human
158	158	Services Commission shall adopt rules as necessary to implement
159	159	Chapter 226, Health and Safety Code, as added by this Act.
160	160	SECTION 3. This Act takes effect September 1, 2021.