87R13687 EAS-F
By: Miles, Huffman S.B. No. 1876
A BILL TO BE ENTITLED
AN ACT
relating to requiring an emergency operation plan for continued
treatment of patients in an end stage renal disease facility in the
event of a disaster and the prioritization of power restoration for
those facilities during certain disasters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 251.014, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) The rules adopted under Section 251.003 must contain
minimum standards to protect the health and safety of a patient of
an end stage renal disease facility, including standards for:
(1) the qualifications and supervision of the
professional staff, including physicians, and other personnel;
(2) the equipment used by the facility is compatible
with the health and safety of the patients;
(3) the sanitary and hygienic conditions in the
facility;
(4) quality assurance for patient care;
(5) the provision and coordination of treatment and
services by the facility;
(6) clinical records maintained by the facility;
(7) design and space requirements for the facility for
safe access by patients and personnel and for ensuring patient
privacy;
(8) indicators of the quality of care provided by the
facility; [and]
(9) water treatment and reuse by the facility; and
(10) the continued treatment of patients during a
state of disaster declared under Section 418.014, Government Code,
or a declaration of local disaster declared under Section 418.108,
Government Code, including the development and adoption of a
comprehensive emergency operation plan.
(c) The emergency operation plan described by Subsection
(a)(10) must:
(1) include a plan to communicate to a patient any
changes in the patient's dialysis treatment schedule;
(2) include a plan to address patient transportation
to and from the facility in the event of a disaster that obstructs
or impairs roadways; and
(3) require a facility to execute a contract with one
or more end stage renal disease facilities located within a
100-mile radius stipulating that each facility will provide
dialysis treatment to patients of the other facility if necessary
in the event of a disaster.
SECTION 2. Sections 38.072(a) and (b), Utilities Code, are
amended to read as follows:
(a) In this section:
(1) "Assisted living facility" has the meaning
assigned by Section 247.002, Health and Safety Code.
(2) "End stage renal disease facility" has the meaning
assigned by Section 251.001, Health and Safety Code.
(3) "Extended power outage" has the meaning assigned
by Section 13.1395, Water Code.
(4) [(3)] "Hospice services" has the meaning assigned
by Section 142.001, Health and Safety Code.
(5) [(4)] "Nursing facility" has the meaning assigned
by Section 242.301, Health and Safety Code.
(b) The commission by rule shall require an electric utility
to give to the following the same priority that it gives to a
hospital in the utility's emergency operations plan for restoring
power after an extended power outage:
(1) a nursing facility;
(2) an assisted living facility; [and]
(3) an end stage renal disease facility; and
(4) a facility that provides hospice services.
SECTION 3. As soon as practicable after the effective date
of this Act, each end stage renal disease facility shall develop and
implement an emergency operation plan under Section 251.014, Health
and Safety Code, as amended by this Act.
SECTION 4. As soon as practicable after the effective date
of this Act, the Public Utility Commission of Texas shall adopt the
rules required by Section 38.072, Utilities Code, as amended by
this Act.
SECTION 5. This Act takes effect September 1, 2021.