87R2070 SRA-D
By: Kolkhorst S.B. No. 267
A BILL TO BE ENTITLED
AN ACT
relating to the right of certain facility 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
FACILITY RESIDENTS
Sec. 260B.0001. DEFINITIONS. In this chapter:
(1) "Essential caregiver" means a family member,
friend, or other individual selected by a facility resident for
in-person visits.
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(3) "Facility" means:
(A) a nursing facility licensed under Chapter
242; or
(B) an assisted living facility licensed under
Chapter 247.
(4) "Resident" means an individual, including a
patient, who resides in a facility.
Sec. 260B.0002. RESIDENT'S RIGHT TO ESSENTIAL CAREGIVER
VISITS. (a) A facility resident has the right to designate at
least one essential caregiver with whom the facility may not
prohibit in-person visitation.
(b) Notwithstanding Subsection (a), the executive
commissioner by rule shall develop guidelines to assist facilities
in establishing essential caregiver visitation policies and
procedures. The guidelines must require the facilities to:
(1) allow residents to designate for in-person
visitation at least one essential caregiver, and more than one if
needed;
(2) establish a visitation schedule allowing the
essential caregiver to visit the resident for the greater of two
hours each day or the hours necessary for the caregiver to complete
all caregiving tasks;
(3) establish procedures to enable personal contact
between the resident and essential caregiver while requiring social
distancing between the caregiver and facility staff;
(4) obtain a signed acknowledgment from the essential
caregiver in which the caregiver agrees to follow the facility's
safety protocols, including:
(A) wearing personal protective equipment while
visiting the resident;
(B) completing a health screening before
entering the facility;
(C) submitting to regular viral testing; and
(D) monitoring symptoms, practicing social
distancing, and limiting contact with individuals outside of the
facility; and
(5) establish a visitor's log for contact tracing.
(c) 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, 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 has the
right to designate at least one 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 residents to designate for in-person
visitation at least one essential caregiver, and more than one if
needed;
(2) establish a visitation schedule allowing the
essential caregiver to visit the resident for the greater of two
hours each day or the hours necessary for the caregiver to complete
all caregiving tasks;
(3) establish procedures to enable personal contact
between the resident and essential caregiver while requiring social
distancing between the caregiver and center staff;
(4) obtain a signed acknowledgement from the essential
caregiver in which the caregiver agrees to follow the center's
safety protocols, including:
(A) wearing personal protective equipment while
visiting the resident;
(B) completing a health screening before
entering the center;
(C) submitting to regular viral testing; and
(D) monitoring symptoms, practicing social
distancing, and limiting contact with individuals outside of the
center; and
(5) establish a visitor's log for contact tracing.
(c) 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 establish 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.