Texas 2021 - 87th Regular

Texas Senate Bill SB25 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 25
	1	+	87R19870 SRA-D
	2	+	By: Kolkhorst, et al. S.B. No. 25
	3	+	(Frank, Sanford, Hernandez, Metcalf, et al.)
	4	+	Substitute the following for S.B. No. 25: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the right of certain residents to designate an
6	10		essential caregiver for in-person visitation.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. It is the intent of the legislature to ensure
9	13		that residents of long-term care facilities and other residences
10	14		have a guaranteed right to visitation by family members, friends,
11	15		caregivers, and other individuals. The legislature expects
12	16		facilities and program providers to ensure that the guaranteed
13	17		visitation rights are available to residents every day of each
14	18		year, consistent with existing resident rights. The legislature
15	19		intends for facilities and program providers to temporarily limit a
16	20		resident's guaranteed visitation rights to in-person visitation by
17	21		essential caregivers only during a declared public health
18	22		emergency.
19	23		SECTION 2. Subtitle B, Title 4, Health and Safety Code, is
20	24		amended by adding Chapter 260B to read as follows:
21	25		CHAPTER 260B. RIGHT TO ESSENTIAL CAREGIVER VISITS
22	26		FOR CERTAIN RESIDENTS
23	27		Sec. 260B.0001. DEFINITIONS. In this chapter:
24	28		(1) "Commission" means the Health and Human Services
25	29		Commission.
26	30		(2) "Essential caregiver" means a family member,
27	31		friend, guardian, or other individual selected by a resident,
28	32		resident's guardian, or resident's legally authorized
29	33		representative for in-person visits.
30	34		(3) "Executive commissioner" means the executive
31	35		commissioner of the Health and Human Services Commission.
32	36		(4) "Facility" means:
33	37		(A) a nursing facility licensed under Chapter
34	38		242;
35	39		(B) an assisted living facility licensed under
36	40		Chapter 247; or
37	41		(C) an intermediate care facility for
38	42		individuals with an intellectual disability licensed under Chapter
39	43		252.
40	44		(5) "Program provider" means a person that provides
41	45		services through the home and community-based services (HCS) waiver
42	46		program in a residence.
43	47		(6) "Residence" means a three-person or four-person
44	48		residence, as defined by the home and community-based services
45	49		(HCS) waiver program billing guidelines, that is leased or owned by
46	50		a program provider. The term does not include a host home or
47	51		companion care.
48	52		(7) "Resident" means:
49	53		(A) an individual, including a patient, who
50	54		resides in a facility; or
51	55		(B) an individual enrolled in the home and
52	56		community-based services (HCS) waiver program who resides in a
53	57		residence.
54	58		Sec. 260B.0002. RESIDENT'S RIGHT TO ESSENTIAL CAREGIVER
55	59		VISITS. (a) A resident, resident's guardian, or resident's legally
56	60		authorized representative has the right to designate an essential
57	61		caregiver with whom the facility or program provider may not
58	62		prohibit in-person visitation.
59	63		(b) Notwithstanding Subsection (a), the executive
60	64		commissioner by rule shall develop guidelines to assist facilities
61	65		and program providers in establishing essential caregiver
62	66		visitation policies and procedures. The guidelines must require
63	67		the facilities and program providers to:
64	68		(1) allow a resident, resident's guardian, or
65	69		resident's legally authorized representative to designate for
66	70		in-person visitation an essential caregiver in the same manner that
67	71		a resident would designate a power of attorney;
68	72		(2) establish a visitation schedule allowing the
69	73		essential caregiver to visit the resident for at least two hours
70	74		each day;
71	75		(3) establish procedures to enable physical contact
72	76		between the resident and essential caregiver; and
73	77		(4) obtain the signature of the essential caregiver
74	78		certifying that the caregiver will follow the facility's or program
75	79		provider's safety protocols and any other rules adopted under this
76	80		section.
77	81		(c) A facility or program provider may revoke an
78	82		individual's designation as an essential caregiver if the caregiver
79	83		violates the facility's or provider's safety protocols or rules
80	84		adopted under this section. If a facility or program provider
81	85		revokes an individual's designation as an essential caregiver under
82	86		this subsection, the resident, resident's guardian, or resident's
83	87		legally authorized representative has the right to immediately
84	88		designate another individual as the resident's essential
85		-	caregiver. The commission by rule shall establish an appeals
86		-	process to evaluate the revocation of an individual's designation
87		-	as an essential caregiver under this subsection.
	89	+	caregiver.
88	90		(d) Safety protocols adopted by a facility or program
89	91		provider for an essential caregiver under this section may not be
90	92		more stringent than safety protocols for the staff of the facility
91	93		or residence.
92	94		(e) A facility or program provider may petition the
93	95		commission to suspend in-person essential caregiver visits for not
94	96		more than seven days if in-person visitation poses a serious
95	97		community health risk. The commission may deny the facility's or
96	98		program provider's request to suspend in-person essential
97	99		caregiver visitation if the commission determines that in-person
98	100		visitation does not pose a serious community health risk. A
99		-	facility or program provider ~~may~~ request an extension from the
	101	+	facility or program provider shall request an extension from the
100	102		commission to suspend in-person essential caregiver visitation for
101	103		more than seven days. The commission may not approve an extension
102	104		under this subsection for a period that exceeds seven days, and a
103	105		facility or program provider must separately request each
104	106		extension. A facility or program provider may not suspend
105		-	in-person essential caregiver visitation ~~in any year~~ for ~~a number~~
106		-	~~of days that exceeds 14 consecutive days or a total of 45 days~~.
	107	+	in-person essential caregiver visitation for more than 14 days in
	108	+	any year.
107	109		(f) This section may not be construed as requiring an
108	110		essential caregiver to provide necessary care to a resident, and a
109	111		facility or program provider may not require an essential caregiver
110	112		to provide necessary care.
111	113		SECTION 3. Chapter 555, Health and Safety Code, is amended
112	114		by adding Subchapter F to read as follows:
113	115		SUBCHAPTER F. RIGHT TO ESSENTIAL CAREGIVER VISITS
114	116		Sec. 555.201. DEFINITION. In this chapter, "essential
115	117		caregiver" means a family member, friend, guardian, or other
116	118		individual selected by a resident, resident's guardian, or
117	119		resident's legally authorized representative for in-person visits.
118	120		Sec. 555.202. RESIDENT'S RIGHT TO ESSENTIAL CAREGIVER
119	121		VISITS. (a) A resident of a state supported living center, the
120	122		resident's guardian, or the resident's legally authorized
121	123		representative has the right to designate an essential caregiver
122	124		with whom the center may not prohibit in-person visitation.
123	125		(b) Notwithstanding Subsection (a), the executive
124	126		commissioner by rule shall develop guidelines to assist state
125	127		supported living centers in establishing essential caregiver
126	128		visitation policies and procedures. The guidelines must require
127	129		the centers to:
128	130		(1) allow a resident, resident's guardian, or
129	131		resident's legally authorized representative to designate for
130	132		in-person visitation an essential caregiver;
131	133		(2) establish a visitation schedule allowing the
132	134		essential caregiver to visit the resident for at least two hours
133	135		each day;
134	136		(3) establish procedures to enable physical contact
135	137		between the resident and essential caregiver; and
136	138		(4) obtain the signature of the essential caregiver
137	139		certifying that the caregiver will follow the center's safety
138	140		protocols and any other rules adopted under this section.
139	141		(c) A state supported living center may revoke an
140	142		individual's designation as an essential caregiver if the essential
141	143		caregiver violates the center's safety protocols or rules adopted
142	144		under this section. If a state supported living center revokes an
143	145		individual's designation as an essential caregiver under this
144	146		subsection, the resident, resident's guardian, or resident's
145	147		legally authorized representative has the right to immediately
146	148		designate another individual as the resident's essential
147		-	caregiver. The commission by rule shall establish an appeals
148		-	process to evaluate the revocation of an individual's designation
149		-	as an essential caregiver under this subsection.
	149	+	caregiver.
150	150		(d) Safety protocols adopted by a state supported living
151	151		center for an essential caregiver under this section may not be more
152	152		stringent than safety protocols for center staff.
153	153		(e) A state supported living center may petition the
154	154		commission to suspend in-person essential caregiver visits for not
155	155		more than seven days if in-person visitation poses a serious
156	156		community health risk. The commission may deny the state supported
157	157		living center's request to suspend in-person essential caregiver
158	158		visitation if the commission determines that in-person visitation
159	159		does not pose a serious community health risk. A state supported
160		-	living center ~~may~~ request an extension from the commission to
	160	+	living center shall request an extension from the commission to
161	161		suspend in-person essential caregiver visitation for more than
162	162		seven days. The commission may not approve an extension under this
163		-	subsection for a period that exceeds seven days, and a state
164		-	supported living center must separately request each extension. A
165		-	state supported living center may not suspend in-person essential
166		-	caregiver visitation in any year for a number of days that exceeds
167		-	14 consecutive days or a total of 45 days.
	163	+	subsection for a period that exceeds seven days, and a facility or
	164	+	program provider must separately request each extension. A state
	165	+	supported living center may not suspend in-person essential
	166	+	caregiver visitation for more than 14 days in any year.
168	167		(f) This section may not be construed as requiring an
169	168		essential caregiver to provide necessary care to a resident, and a
170	169		state supported living center may not require an essential
171	170		caregiver to provide necessary care.
172	171		SECTION 4. As soon as practicable after the effective date
173	172		of this Act, the executive commissioner of the Health and Human
174		-	Services Commission shall prescribe the guidelines ~~and adopt the~~
175		-	~~rules required by~~ Sections 260B.0002 and 555.202, Health and Safety
176		-	~~Code, as added by~~ this Act.
	173	+	Services Commission shall prescribe the guidelines required by
	174	+	Sections 260B.0002 and 555.202, Health and Safety Code, as added by
	175	+	this Act.
177	176		SECTION 5. If before implementing any provision of this Act
178	177		a state agency determines that a waiver or authorization from a
179	178		federal agency is necessary for implementation of that provision,
180	179		the agency affected by the provision shall request the waiver or
181	180		authorization and may delay implementing that provision until the
182	181		waiver or authorization is granted.
183	182		SECTION 6. This Act takes effect September 1, 2021.
184		-	______________________________ ______________________________
185		-	President of the Senate Speaker of the House
186		-	I hereby certify that S.B. No. 25 passed the Senate on
187		-	March 17, 2021, by the following vote: Yeas 29, Nays 0; and that
188		-	the Senate concurred in House amendments on May 28, 2021, by the
189		-	following vote: Yeas 31, Nays 0.
190		-	______________________________
191		-	Secretary of the Senate
192		-	I hereby certify that S.B. No. 25 passed the House, with
193		-	amendments, on May 24, 2021, by the following vote: Yeas 144,
194		-	Nays 0, one present not voting.
195		-	______________________________
196		-	Chief Clerk of the House
197		-	Approved:
198		-	______________________________
199		-	Date
200		-	______________________________
201		-	Governor