87R9994 EAS-D
By: Campos H.B. No. 2770
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on the admission of and care provided to
individuals by certain nursing facilities during a public health
emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter K, Chapter 242, Health and Safety
Code, is amended by adding Section 242.405 to read as follows:
Sec. 242.405. ADMISSION AND PROVISION OF CARE RESTRICTIONS
FOR CERTAIN NURSING FACILITIES DURING PUBLIC HEALTH EMERGENCY. (a)
In this section:
(1) "COVID-19" means the 2019 novel coronavirus
disease.
(2) "Pandemic disease" means an infectious disease
that spreads to a significant portion of the population of a
country, multiple countries, or the world and that poses a
substantial risk of a significant number of human fatalities,
illnesses, or permanent long-term disabilities. The term includes
COVID-19.
(3) "Public health emergency" means a public health
disaster declared under Chapter 81 or a state of disaster declared
under Chapter 418, Government Code, related to public health.
(4) "Rating system" means the Centers for Medicare and
Medicaid Services five-star quality rating system for nursing
facilities.
(b) This section applies only to a nursing facility that:
(1) is located in a county with a population of 100,000
or more; and
(2) holds a rating of one or two stars under the rating
system.
(c) During a declared public health emergency based on a
pandemic disease, a nursing facility subject to this section may
admit an individual as a resident only if, on the day of admission
or immediately after admission, the individual tests negative on a
test for that pandemic disease.
(d) If, during a declared public health emergency based on a
pandemic disease, a resident of a nursing facility subject to this
section tests positive for that pandemic disease, the nursing
facility shall, as soon as practicable after the resident tests
positive and in coordination with the resident, the resident's
family, or the resident's legal guardian, arrange for the transfer
of the individual to a facility that holds a rating of three, four,
or five stars under the rating system.
SECTION 2. This Act takes effect September 1, 2021.