Texas 2021 - 87th Regular

Texas Senate Bill SB25

Caption

Relating to the right of certain residents to designate an essential caregiver for in-person visitation.

Impact

The bill introduces comprehensive guidelines for facilities and program providers to follow, requiring them to establish visitation schedules that allow at least two hours of visits each day for designated essential caregivers. Additionally, it mandates that the facilities develop procedures to facilitate physical contact during these visits. Safety protocols must be consistent between caregivers and facility staff, ensuring fairness in how residents receive care. The bill also includes provisions wherein facilities can temporarily suspend visitation during serious health risks, but limits this to 14 consecutive days or a total of 45 days in a year, striking a balance between health safety and the rights of residents.

Summary

SB25 aims to enhance the rights of residents in long-term care facilities by allowing them to designate an essential caregiver for in-person visits. The legislation seeks to ensure that this designation cannot be prohibited by nursing facilities, assisted living centers, or other residential services providers. This bill is particularly significant as it responds to the challenges showcased during public health emergencies, where many residents faced restrictions on visitations. The intent is to promote the psychological and emotional well-being of residents by maintaining essential connections with caregivers, family, and friends.

Sentiment

SB25 has garnered widespread support, especially among advocacy groups and families of residents in care facilities. Supporters argue that the bill solidifies critical emotional and physical support for individuals in vulnerable conditions while also acknowledging the necessity of safety protocols. However, the prospect of regulations around the revocation of caregiver designations has elicited concern among some facility operators who were apprehensive about the implications of the bill on operational policies and the potential for disputes regarding visitors.

Contention

A notable point of contention revolves around the stipulations for safety protocol compliance during visitations. Facilities are clearly restricted in enforcing more stringent rules than what is applied to their staff, which could impact their ability to manage visitations during outbreaks or other crises effectively. The appeals process created for caregiver designation revocation is another area of discussion, as it introduces potential complexities within facility administration and conflicts between residents' rights and safety management.

Companion Bills

TX HB892

Same As Relating to the right of certain facility residents to designate an essential caregiver for in-person visitation.

TX SB267

Same As Relating to the right of certain facility residents to designate an essential caregiver for in-person visitation.

TX HB2897

Same As Relating to the right of certain facility residents to designate an essential caregiver for in-person visitation.

Similar Bills

OH SB154

Regards long-term care facility resident's room monitoring

WV HB3283

Authorizing Monitoring Devices in Long-term Care Facilities

SC S0154

Ryan Lovett, Greenwood Fire Department

SC S0146

Bill of Rights for Residents of Long-Term Care Facilities

NJ A1871

Establishes cause of action for residents of assisted living facilities and comprehensive personal care home providers.

CT HB06894

An Act Concerning The Safeguarding Of Funds For Residents Of Certain Long-term Care Facilities.

TX SB33

Relating to the electronic monitoring of residents at state supported living centers; providing criminal penalties.

IL HB2429

LONG-TERM CARE RATE LIMIT