| 1 | 1 | | 87R9994 EAS-D |
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| 2 | 2 | | By: Campos H.B. No. 2770 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to restrictions on the admission of and care provided to |
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| 8 | 8 | | individuals by certain nursing facilities during a public health |
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| 9 | 9 | | emergency. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter K, Chapter 242, Health and Safety |
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| 12 | 12 | | Code, is amended by adding Section 242.405 to read as follows: |
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| 13 | 13 | | Sec. 242.405. ADMISSION AND PROVISION OF CARE RESTRICTIONS |
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| 14 | 14 | | FOR CERTAIN NURSING FACILITIES DURING PUBLIC HEALTH EMERGENCY. (a) |
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| 15 | 15 | | In this section: |
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| 16 | 16 | | (1) "COVID-19" means the 2019 novel coronavirus |
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| 17 | 17 | | disease. |
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| 18 | 18 | | (2) "Pandemic disease" means an infectious disease |
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| 19 | 19 | | that spreads to a significant portion of the population of a |
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| 20 | 20 | | country, multiple countries, or the world and that poses a |
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| 21 | 21 | | substantial risk of a significant number of human fatalities, |
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| 22 | 22 | | illnesses, or permanent long-term disabilities. The term includes |
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| 23 | 23 | | COVID-19. |
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| 24 | 24 | | (3) "Public health emergency" means a public health |
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| 25 | 25 | | disaster declared under Chapter 81 or a state of disaster declared |
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| 26 | 26 | | under Chapter 418, Government Code, related to public health. |
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| 27 | 27 | | (4) "Rating system" means the Centers for Medicare and |
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| 28 | 28 | | Medicaid Services five-star quality rating system for nursing |
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| 29 | 29 | | facilities. |
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| 30 | 30 | | (b) This section applies only to a nursing facility that: |
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| 31 | 31 | | (1) is located in a county with a population of 100,000 |
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| 32 | 32 | | or more; and |
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| 33 | 33 | | (2) holds a rating of one or two stars under the rating |
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| 34 | 34 | | system. |
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| 35 | 35 | | (c) During a declared public health emergency based on a |
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| 36 | 36 | | pandemic disease, a nursing facility subject to this section may |
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| 37 | 37 | | admit an individual as a resident only if, on the day of admission |
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| 38 | 38 | | or immediately after admission, the individual tests negative on a |
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| 39 | 39 | | test for that pandemic disease. |
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| 40 | 40 | | (d) If, during a declared public health emergency based on a |
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| 41 | 41 | | pandemic disease, a resident of a nursing facility subject to this |
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| 42 | 42 | | section tests positive for that pandemic disease, the nursing |
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| 43 | 43 | | facility shall, as soon as practicable after the resident tests |
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| 44 | 44 | | positive and in coordination with the resident, the resident's |
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| 45 | 45 | | family, or the resident's legal guardian, arrange for the transfer |
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| 46 | 46 | | of the individual to a facility that holds a rating of three, four, |
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| 47 | 47 | | or five stars under the rating system. |
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| 48 | 48 | | SECTION 2. This Act takes effect September 1, 2021. |
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