Texas 2021 - 87th Regular

Texas House Bill HB3965 Compare Versions

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

Old	New	Differences
1	1	87R13687 EAS-F
2	2	By: Oliverson H.B. No. 3965
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring an emergency operation plan for continued
8	8	treatment of patients in an end stage renal disease facility in the
9	9	event of a disaster and the prioritization of power restoration for
10	10	those facilities during certain disasters.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 251.014, Health and Safety Code, is
13	13	amended by amending Subsection (a) and adding Subsection (c) to
14	14	read as follows:
15	15	(a) The rules adopted under Section 251.003 must contain
16	16	minimum standards to protect the health and safety of a patient of
17	17	an end stage renal disease facility, including standards for:
18	18	(1) the qualifications and supervision of the
19	19	professional staff, including physicians, and other personnel;
20	20	(2) the equipment used by the facility is compatible
21	21	with the health and safety of the patients;
22	22	(3) the sanitary and hygienic conditions in the
23	23	facility;
24	24	(4) quality assurance for patient care;
25	25	(5) the provision and coordination of treatment and
26	26	services by the facility;
27	27	(6) clinical records maintained by the facility;
28	28	(7) design and space requirements for the facility for
29	29	safe access by patients and personnel and for ensuring patient
30	30	privacy;
31	31	(8) indicators of the quality of care provided by the
32	32	facility; [and]
33	33	(9) water treatment and reuse by the facility; and
34	34	(10) the continued treatment of patients during a
35	35	state of disaster declared under Section 418.014, Government Code,
36	36	or a declaration of local disaster declared under Section 418.108,
37	37	Government Code, including the development and adoption of a
38	38	comprehensive emergency operation plan.
39	39	(c) The emergency operation plan described by Subsection
40	40	(a)(10) must:
41	41	(1) include a plan to communicate to a patient any
42	42	changes in the patient's dialysis treatment schedule;
43	43	(2) include a plan to address patient transportation
44	44	to and from the facility in the event of a disaster that obstructs
45	45	or impairs roadways; and
46	46	(3) require a facility to execute a contract with one
47	47	or more end stage renal disease facilities located within a
48	48	100-mile radius stipulating that each facility will provide
49	49	dialysis treatment to patients of the other facility if necessary
50	50	in the event of a disaster.
51	51	SECTION 2. Sections 38.072(a) and (b), Utilities Code, are
52	52	amended to read as follows:
53	53	(a) In this section:
54	54	(1) "Assisted living facility" has the meaning
55	55	assigned by Section 247.002, Health and Safety Code.
56	56	(2) "End stage renal disease facility" has the meaning
57	57	assigned by Section 251.001, Health and Safety Code.
58	58	(3) "Extended power outage" has the meaning assigned
59	59	by Section 13.1395, Water Code.
60	60	(4) [(3)] "Hospice services" has the meaning assigned
61	61	by Section 142.001, Health and Safety Code.
62	62	(5) [(4)] "Nursing facility" has the meaning assigned
63	63	by Section 242.301, Health and Safety Code.
64	64	(b) The commission by rule shall require an electric utility
65	65	to give to the following the same priority that it gives to a
66	66	hospital in the utility's emergency operations plan for restoring
67	67	power after an extended power outage:
68	68	(1) a nursing facility;
69	69	(2) an assisted living facility; [and]
70	70	(3) an end stage renal disease facility; and
71	71	(4) a facility that provides hospice services.
72	72	SECTION 3. As soon as practicable after the effective date
73	73	of this Act, each end stage renal disease facility shall develop and
74	74	implement an emergency operation plan under Section 251.014, Health
75	75	and Safety Code, as amended by this Act.
76	76	SECTION 4. As soon as practicable after the effective date
77	77	of this Act, the Public Utility Commission of Texas shall adopt the
78	78	rules required by Section 38.072, Utilities Code, as amended by
79	79	this Act.
80	80	SECTION 5. This Act takes effect September 1, 2021.