By: Kolkhorst, et al. S.B. No. 25
(In the Senate - Filed March 3, 2021; March 3, 2021, read
first time and referred to Committee on Health & Human Services;
March 15, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; March 15, 2021,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 25 By: Kolkhorst
A BILL TO BE ENTITLED
AN ACT
relating to the right of certain residents to designate an
essential caregiver for in-person visitation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Health and Safety Code, is
amended by adding Chapter 260B to read as follows:
CHAPTER 260B. RIGHT TO ESSENTIAL CAREGIVER VISITS
FOR CERTAIN RESIDENTS
Sec. 260B.0001. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Essential caregiver" means a family member,
friend, guardian, or other individual selected by a resident for
in-person visits.
(3) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(4) "Facility" means:
(A) a nursing facility licensed under Chapter
242;
(B) an assisted living facility licensed under
Chapter 247; or
(C) an intermediate care facility for
individuals with an intellectual disability licensed under Chapter
252.
(5) "Program provider" means a person that provides
services through the home and community-based services (HCS) waiver
program in a residence.
(6) "Residence" means a three-person or four-person
residence, as defined by the home and community-based services
(HCS) waiver program billing guidelines, that is leased or owned by
a program provider. The term does not include a host home or
companion care.
(7) "Resident" means:
(A) an individual, including a patient, who
resides in a facility; or
(B) an individual enrolled in the home and
community-based services (HCS) waiver program who resides in a
residence.
Sec. 260B.0002. RESIDENT'S RIGHT TO ESSENTIAL CAREGIVER
VISITS. (a) A resident, resident's guardian, or resident's legally
authorized representative has the right to designate an essential
caregiver with whom the facility or program provider may not
prohibit in-person visitation.
(b) Notwithstanding Subsection (a), the executive
commissioner by rule shall develop guidelines to assist facilities
and program providers in establishing essential caregiver
visitation policies and procedures. The guidelines must require
the facilities and program providers to:
(1) allow a resident, resident's guardian, or
resident's legally authorized representative to designate for
in-person visitation an essential caregiver in the same manner that
a resident would designate a power of attorney;
(2) establish a visitation schedule allowing the
essential caregiver to visit the resident for at least two hours
each day;
(3) establish procedures to enable physical contact
between the resident and essential caregiver;
(4) obtain the signature of the essential caregiver
certifying that the caregiver will follow the facility's or program
provider's safety protocols and any other rules adopted under this
section; and
(5) establish a visitor's log.
(c) A facility or program provider may revoke an
individual's designation as an essential caregiver if the caregiver
violates the facility's or provider's safety protocols or rules
adopted under this section.
(d) Safety protocols adopted by a facility or program
provider for an essential caregiver under this section may not be
more stringent than safety protocols for the staff of the facility
or residence.
(e) A facility or program provider may suspend essential
caregiver visits for not more than seven days if in-person
visitation poses a serious community health risk. A facility or
program provider shall request an extension from the commission to
suspend in-person visitation for more than seven days. The
commission may not approve an extension under this subsection for a
period that exceeds seven days, and a facility or program provider
must separately request each extension.
(f) This section may not be construed as requiring an
essential caregiver to provide necessary care to a resident, and a
facility or program provider may not require an essential caregiver
to provide necessary care.
(g) In the event of a conflict between this section and any
other law, this section prevails.
SECTION 2. Chapter 555, Health and Safety Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. RIGHT TO ESSENTIAL CAREGIVER VISITS
Sec. 555.201. DEFINITION. In this chapter, "essential
caregiver" means a family member, friend, guardian, or other
individual selected by a resident for in-person visits.
Sec. 555.202. RESIDENT'S RIGHT TO ESSENTIAL CAREGIVER
VISITS. (a) A resident of a state supported living center or the
resident's guardian has the right to designate an essential
caregiver with whom the center may not prohibit in-person
visitation.
(b) Notwithstanding Subsection (a), the executive
commissioner by rule shall develop guidelines to assist state
supported living centers in establishing essential caregiver
visitation policies and procedures. The guidelines must require
the centers to:
(1) allow a resident or guardian of a resident to
designate for in-person visitation an essential caregiver;
(2) establish a visitation schedule allowing the
essential caregiver to visit the resident for at least two hours
each day;
(3) establish procedures to enable physical contact
between the resident and essential caregiver;
(4) obtain the signature of the essential caregiver
certifying that the caregiver will follow the center's safety
protocols and any other rules adopted under this section; and
(5) establish a visitor's log.
(c) A state supported living center may revoke an
individual's designation as an essential caregiver if the essential
caregiver violates the center's safety protocols or rules adopted
under this section.
(d) Safety protocols adopted by a state supported living
center for an essential caregiver under this section may not be more
stringent than safety protocols for center staff.
(e) A state supported living center may suspend essential
caregiver visits for not more than seven days if in-person
visitation poses a serious community health risk. A state
supported living center shall request an extension from the
commission to suspend in-person visitation for more than seven
days. The commission may not approve an extension under this
subsection for a period that exceeds seven days, and a state
supported living center must separately request each extension.
(f) This section may not be construed as requiring an
essential caregiver to provide necessary care to a resident, and a
state supported living center may not require an essential
caregiver to provide necessary care.
(g) In the event of a conflict between this section and any
other law, this section prevails.
SECTION 3. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall prescribe the guidelines required by
Sections 260B.0002 and 555.202, Health and Safety Code, as added by
this Act.
SECTION 4. This Act takes effect September 1, 2021.
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