Texas 2021 - 87th Regular

Texas House Bill HB892 Compare Versions

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

Old	New	Differences
1	1	87R2070 SRA-D
2	2	By: Frank H.B. No. 892
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the right of certain facility residents to designate an
8	8	essential caregiver for in-person visitation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 4, Health and Safety Code, is
11	11	amended by adding Chapter 260B to read as follows:
12	12	CHAPTER 260B. RIGHT TO ESSENTIAL CAREGIVER VISITS FOR CERTAIN
13	13	FACILITY RESIDENTS
14	14	Sec. 260B.0001. DEFINITIONS. In this chapter:
15	15	(1) "Essential caregiver" means a family member,
16	16	friend, or other individual selected by a facility resident for
17	17	in-person visits.
18	18	(2) "Executive commissioner" means the executive
19	19	commissioner of the Health and Human Services Commission.
20	20	(3) "Facility" means:
21	21	(A) a nursing facility licensed under Chapter
22	22	242; or
23	23	(B) an assisted living facility licensed under
24	24	Chapter 247.
25	25	(4) "Resident" means an individual, including a
26	26	patient, who resides in a facility.
27	27	Sec. 260B.0002. RESIDENT'S RIGHT TO ESSENTIAL CAREGIVER
28	28	VISITS. (a) A facility resident has the right to designate at
29	29	least one essential caregiver with whom the facility may not
30	30	prohibit in-person visitation.
31	31	(b) Notwithstanding Subsection (a), the executive
32	32	commissioner by rule shall develop guidelines to assist facilities
33	33	in establishing essential caregiver visitation policies and
34	34	procedures. The guidelines must require the facilities to:
35	35	(1) allow residents to designate for in-person
36	36	visitation at least one essential caregiver, and more than one if
37	37	needed;
38	38	(2) establish a visitation schedule allowing the
39	39	essential caregiver to visit the resident for the greater of two
40	40	hours each day or the hours necessary for the caregiver to complete
41	41	all caregiving tasks;
42	42	(3) establish procedures to enable personal contact
43	43	between the resident and essential caregiver while requiring social
44	44	distancing between the caregiver and facility staff;
45	45	(4) obtain a signed acknowledgment from the essential
46	46	caregiver in which the caregiver agrees to follow the facility's
47	47	safety protocols, including:
48	48	(A) wearing personal protective equipment while
49	49	visiting the resident;
50	50	(B) completing a health screening before
51	51	entering the facility;
52	52	(C) submitting to regular viral testing; and
53	53	(D) monitoring symptoms, practicing social
54	54	distancing, and limiting contact with individuals outside of the
55	55	facility; and
56	56	(5) establish a visitor's log for contact tracing.
57	57	(c) In the event of a conflict between this section and any
58	58	other law, this section prevails.
59	59	SECTION 2. Chapter 555, Health and Safety Code, is amended
60	60	by adding Subchapter F to read as follows:
61	61	SUBCHAPTER F. RIGHT TO ESSENTIAL CAREGIVER VISITS
62	62	Sec. 555.201. DEFINITION. In this chapter, "essential
63	63	caregiver" means a family member, friend, or other individual
64	64	selected by a resident for in-person visits.
65	65	Sec. 555.202. RESIDENT'S RIGHT TO ESSENTIAL CAREGIVER
66	66	VISITS. (a) A resident of a state supported living center has the
67	67	right to designate at least one essential caregiver with whom the
68	68	center may not prohibit in-person visitation.
69	69	(b) Notwithstanding Subsection (a), the executive
70	70	commissioner by rule shall develop guidelines to assist state
71	71	supported living centers in establishing essential caregiver
72	72	visitation policies and procedures. The guidelines must require the
73	73	centers to:
74	74	(1) allow residents to designate for in-person
75	75	visitation at least one essential caregiver, and more than one if
76	76	needed;
77	77	(2) establish a visitation schedule allowing the
78	78	essential caregiver to visit the resident for the greater of two
79	79	hours each day or the hours necessary for the caregiver to complete
80	80	all caregiving tasks;
81	81	(3) establish procedures to enable personal contact
82	82	between the resident and essential caregiver while requiring social
83	83	distancing between the caregiver and center staff;
84	84	(4) obtain a signed acknowledgement from the essential
85	85	caregiver in which the caregiver agrees to follow the center's
86	86	safety protocols, including:
87	87	(A) wearing personal protective equipment while
88	88	visiting the resident;
89	89	(B) completing a health screening before
90	90	entering the center;
91	91	(C) submitting to regular viral testing; and
92	92	(D) monitoring symptoms, practicing social
93	93	distancing, and limiting contact with individuals outside of the
94	94	center; and
95	95	(5) establish a visitor's log for contact tracing.
96	96	(c) In the event of a conflict between this section and any
97	97	other law, this section prevails.
98	98	SECTION 3. As soon as practicable after the effective date
99	99	of this Act, the executive commissioner of the Health and Human
100	100	Services Commission shall establish the guidelines required by
101	101	Sections 260B.0002 and 555.202, Health and Safety Code, as added by
102	102	this Act.
103	103	SECTION 4. This Act takes effect September 1, 2021.