| 1 | 1 | | By: Miles S.B. No. 1396 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | AN ACT |
|---|
| 5 | 5 | | relating to end stage renal disease center response to |
|---|
| 6 | 6 | | natural and manmade disasters and other emergency conditions. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Subchapter D, Chapter 38, Utilities Code, is |
|---|
| 9 | 9 | | amended by amending Section 38.072 to read as follows: |
|---|
| 10 | 10 | | Sec. 38.072. PRIORITIES FOR POWER RESTORATION TO CERTAIN |
|---|
| 11 | 11 | | MEDICAL FACILITIES. (a) In this section: |
|---|
| 12 | 12 | | (1) "Assisted living facility" has the meaning |
|---|
| 13 | 13 | | assigned by Section 247.002, Health and Safety Code. |
|---|
| 14 | 14 | | (2) "Extended power outage" has the meaning assigned |
|---|
| 15 | 15 | | by Section 13.1395, Water Code. |
|---|
| 16 | 16 | | (3) "Hospice services" has the meaning assigned by |
|---|
| 17 | 17 | | Section 142.001, Health and Safety Code. |
|---|
| 18 | 18 | | (4) "Nursing facility" has the meaning assigned by |
|---|
| 19 | 19 | | Section 242.301, Health and Safety Code. |
|---|
| 20 | 20 | | (5) "End stage renal disease facility" has the meaning |
|---|
| 21 | 21 | | assigned by Section 251.001, Health and Safety Code. |
|---|
| 22 | 22 | | (b) The commission by rule shall require an electric utility |
|---|
| 23 | 23 | | to give to the following the same priority that it gives to a |
|---|
| 24 | 24 | | hospital in the utility's emergency operations plan for restoring |
|---|
| 25 | 25 | | power after an extended power outage: |
|---|
| 26 | 26 | | (1) a nursing facility; |
|---|
| 27 | 27 | | (2) an assisted living facility; and |
|---|
| 28 | 28 | | (3) a facility that provides hospice services.; and |
|---|
| 29 | 29 | | (4) an end stage renal disease facility. |
|---|
| 30 | 30 | | (c) The rules adopted by the commission under Subsection (b) |
|---|
| 31 | 31 | | must allow an electric utility to exercise the electric utility's |
|---|
| 32 | 32 | | discretion to prioritize power restoration for a facility after an |
|---|
| 33 | 33 | | extended power outage in accordance with the facility's needs and |
|---|
| 34 | 34 | | with the characteristics of the geographic area in which power must |
|---|
| 35 | 35 | | be restored. |
|---|
| 36 | 36 | | (d) A municipally owned utility shall report the emergency |
|---|
| 37 | 37 | | operations plan for restoring power to a facility listed in |
|---|
| 38 | 38 | | Subsection (b) to the municipality's governing body or the body |
|---|
| 39 | 39 | | vested with the power to manage and operate the municipally owned |
|---|
| 40 | 40 | | utility. |
|---|
| 41 | 41 | | (e) An electric cooperative shall report the emergency |
|---|
| 42 | 42 | | operations plan for restoring power to a facility listed in |
|---|
| 43 | 43 | | Subsection (b) to the board of directors of the electric |
|---|
| 44 | 44 | | cooperative. |
|---|
| 45 | 45 | | SECTION 2: Section 251, Health & Safety Code is amended |
|---|
| 46 | 46 | | by amending Section 251.014(a) to read as follows: |
|---|
| 47 | 47 | | Sec. 251.014. MINIMUM STANDARDS. (a) The rules adopted |
|---|
| 48 | 48 | | under Section 251.003 must contain minimum standards to protect the |
|---|
| 49 | 49 | | health and safety of a patient of an end stage renal disease |
|---|
| 50 | 50 | | facility, including standards for: |
|---|
| 51 | 51 | | (1) the qualifications and supervision of the |
|---|
| 52 | 52 | | professional staff, including physicians, and other personnel; |
|---|
| 53 | 53 | | (2) the equipment used by the facility is compatible |
|---|
| 54 | 54 | | with the health and safety of the patients; |
|---|
| 55 | 55 | | (3) the sanitary and hygienic conditions in the |
|---|
| 56 | 56 | | facility; |
|---|
| 57 | 57 | | (4) quality assurance for patient care; |
|---|
| 58 | 58 | | (5) the provision and coordination of treatment and |
|---|
| 59 | 59 | | services by the facility; |
|---|
| 60 | 60 | | (6) clinical records maintained by the facility; |
|---|
| 61 | 61 | | (7) design and space requirements for the facility for |
|---|
| 62 | 62 | | safe access by patients and personnel and for ensuring patient |
|---|
| 63 | 63 | | privacy; |
|---|
| 64 | 64 | | (8) indicators of the quality of care provided by the |
|---|
| 65 | 65 | | facility; and |
|---|
| 66 | 66 | | (9) water treatment and reuse by the facility.; and |
|---|
| 67 | 67 | | (10) treating patients during an emergency or national |
|---|
| 68 | 68 | | or manmade disaster that includes a requirement for the end stage |
|---|
| 69 | 69 | | renal disease facility to develop a comprehensive plan to |
|---|
| 70 | 70 | | communicate changes to scheduled dialysis treatments with its |
|---|
| 71 | 71 | | patients, execute a contract with an alternate end stage renal |
|---|
| 72 | 72 | | disease facility within a 100-mile radius to provide dialysis |
|---|
| 73 | 73 | | treatment to the end stage renal disease facility's patients, and a |
|---|
| 74 | 74 | | plan by the end state renal disease facility to address |
|---|
| 75 | 75 | | transportation to and from dialysis treatment at the alternate end |
|---|
| 76 | 76 | | stage renal disease facility. |
|---|
| 77 | 77 | | SECTION 2. This Act takes effect September 1, 2021. |
|---|