| (a) A resident or the resident's legally authorized
representative (LAR), if the resident is unable, has the right to
designate at least one essential caregiver.
(b) A hospice agency operating a hospice inpatient
unit must permit essential caregiver visits except as provided by
subsection (i) of this section.
(c) A hospice agency operating a hospice inpatient
unit must develop a visitation policy that permits an essential caregiver
to visit the resident for at least two hours each day.
(d) A hospice agency operating a hospice inpatient
unit must have procedures in place to enable physical contact between
the resident and the essential caregiver.
(e) A hospice agency operating a hospice inpatient
unit must develop safety protocols for essential caregiver visits.
The safety protocols may not be more stringent for essential caregivers
than safety protocols for staff.
(f) A hospice agency operating a hospice inpatient
unit must obtain the signature of the essential caregiver certifying
that the essential caregiver will follow the facility's safety protocols
for essential caregiver visits.
(g) A hospice agency operating a hospice inpatient
unit may revoke an essential caregiver designation if the caregiver
violates the facility's safety protocols or rules adopted under this
chapter.
(h) If a hospice agency operating a hospice inpatient
unit revokes a person's designation as an essential caregiver under
subsection (g) of this section:
(1) the resident or the resident's LAR has the right
to immediately designate another person as the essential caregiver;
(2) within 24 hours after the revocation, the hospice
agency operating a hospice inpatient unit must inform the resident
or the resident's LAR, in writing, of the right to appeal the revocation
and the with the Texas Health and Human Services Commission (HHSC)
Appeals Division by:
(A) email at OCC_Appeals_ContestedCases@hhs.texas.gov;
or
(B) mail at HHSC Appeals Division, P.O. Box 149030,
MC W-613, Austin, TX 78714-9030; and
(3) the hospice agency operating a hospice inpatient
unit must comply with a hearing officer's decision regarding an appeal
of an essential caregiver revocation.
(i) A hospice agency operating a hospice inpatient
unit may petition HHSC to suspend in-person essential caregiver visits
for no more than seven consecutive calendar days if in-person visitation
poses a serious community health risk. A hospice agency operating
a hospice inpatient unit may request an extension from HHSC to suspend
in-person essential caregiver visitation beyond the hospice agency
operating a hospice inpatient unit's original request, but HHSC may
not approve an extension for a period that exceeds seven days and
a hospice agency operating a hospice inpatient unit must separately
request each extension. HHSC may deny the hospice agency operating
a hospice inpatient unit's original request to suspend in-person essential
caregiver visitation or the hospice agency operating a hospice inpatient
unit's extension request if HHSC determines that in-person visitation
does not pose a serious community health risk.
(j) A hospice agency operating a hospice inpatient
unit may not suspend in-person essential caregiver visits in a calendar
year for a time period that:
(1) is more than 14 consecutive days; or
(2) is more than a total of 45 days.
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