| 1 | 1 | | By: Paxton S.B. No. 1195 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the right of certain hospital patients to designate an |
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| 7 | 7 | | essential caregiver for in-person visitation. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subtitle B, Title 4, Health and Safety Code is |
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| 10 | 10 | | amended by adding Chapter 241(B) to read as follows: |
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| 11 | 11 | | CHAPTER 241B. RIGHT TO ESSENTIAL CAREGIVER VISITS FOR CERTAIN |
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| 12 | 12 | | HOSPITAL PATIENTS |
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| 13 | 13 | | Sec. 241B.0001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "Essential caregiver" means a family member, |
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| 15 | 15 | | friend, or other individual selected by a facility patient for |
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| 16 | 16 | | in-person visits. |
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| 17 | 17 | | (2) "Executive commissioner" means the executive |
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| 18 | 18 | | commissioner of the Health and Human Services Commission. |
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| 19 | 19 | | (3) "Hospital" includes general hospital and special |
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| 20 | 20 | | hospital licensed under Chapter 241. |
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| 21 | 21 | | (4) "Patient" means a person who, to receive medical |
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| 22 | 22 | | care, consults with or is seen by a physician. |
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| 23 | 23 | | (5) "Child" or "Minor" means a person under 18 years of |
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| 24 | 24 | | age who is not and has not been married or who has not had the |
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| 25 | 25 | | disabilities of minority removed for general purposes. |
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| 26 | 26 | | (6) "Parent" has the meaning assigned under Section |
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| 27 | 27 | | 101.024, Family Code. |
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| 28 | 28 | | Sec. 241B.0002 PATIENT'S RIGHT TO ESSENTIAL CAREGIVER |
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| 29 | 29 | | VISITS. (a) A hospital patient has the right to designate at least |
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| 30 | 30 | | one essential caregiver with whom the hospital may not prohibit |
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| 31 | 31 | | in-person visitation. |
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| 32 | 32 | | (b) In the case of a patient who is a minor, the hospital must |
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| 33 | 33 | | designate as an essential caregiver: |
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| 34 | 34 | | (1) any parent that has not had their rights limited by |
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| 35 | 35 | | a court; and |
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| 36 | 36 | | (2) any person with conservatorship over the minor that |
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| 37 | 37 | | has not been limited by a court. |
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| 38 | 38 | | (c) Notwithstanding Subsections (a) and (b), the executive |
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| 39 | 39 | | commissioner by rule shall develop guidelines to assist hospitals |
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| 40 | 40 | | in establishing essential caregiver visitation policies and |
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| 41 | 41 | | procedures. The guidelines must require hospitals to: |
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| 42 | 42 | | (1) allow patients to designate for in-person |
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| 43 | 43 | | visitation at least one essential caregiver, and more than one if |
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| 44 | 44 | | needed; |
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| 45 | 45 | | (2) establish a visitation schedule allowing the |
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| 46 | 46 | | essential caregiver to visit the patient for the greater of two |
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| 47 | 47 | | hours each day or the hours necessary for the caregiver to complete |
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| 48 | 48 | | all caregiving tasks; |
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| 49 | 49 | | (3) establish procedures to enable personal contact |
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| 50 | 50 | | between the patient and essential caregiver; |
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| 51 | 51 | | (4) obtain a signed acknowledgment from the essential |
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| 52 | 52 | | caregiver in which the caregiver agrees to follow the hospital's |
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| 53 | 53 | | safety protocols. |
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| 54 | 54 | | (d) In the event of a conflict between this section and any |
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| 55 | 55 | | other law, this section prevails. |
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| 56 | 56 | | SECTION 2. As soon as practicable after the effective date of |
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| 57 | 57 | | this Act, the executive commissioner of the Health and Human |
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| 58 | 58 | | Services Commission shall establish the guidelines required by |
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| 59 | 59 | | Sections 241B.0002, Health and Safety Code, as added by the Act. |
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| 60 | 60 | | SECTION 4. This Act takes effect September 1, 2021. |
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