(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 nursing facility (NF) must permit essential caregiver
visits except as provided by subsection (j) of this section.
(c) A NF must allow essential caregiver visits to occur
outdoors, in the resident's bedroom when possible, or in another area
upon request by a resident or resident's LAR.
(d) A NF must develop a visitation policy that permits
an essential caregiver to visit the resident for at least two hours
each day.
(e) A NF must have procedures in place to enable physical
contact between the resident and the essential caregiver, if the resident
chooses to have physical contact.
(f) A NF must develop safety protocols for essential
caregiver visits. The safety protocols may not be more stringent for
essential caregivers than safety protocols for staff.
(g) A NF must obtain the signature of the essential
caregiver certifying that the essential caregiver will follow the
NF's safety protocols for essential caregiver visits.
(h) A NF may revoke an essential caregiver designation
if the caregiver violates the NF's safety protocols or rules adopted
under this chapter.
(i) If A NF revokes a person's designation as an essential
caregiver under subsection (h) 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 facility
must inform the resident or the resident's LAR, in writing, of the
right to appeal the revocation and the procedures for filing an appeal
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 NF must comply with a hearing officer's decision
regarding an appeal of an essential caregiver revocation.
(j) A NF 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 NF
may request an extension from HHSC to suspend in-person essential
caregiver visitation beyond the NF's original request, but HHSC may
not approve an extension for a period that exceeds seven days and
a NF must separately request each extension. HHSC may deny the NF's
original request to suspend in-person essential caregiver visitation
or the NF's extension request if HHSC determines that in-person visitation
does not pose a serious community health risk.
(k) A NF 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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