(a) An individual, or individual's legally authorized
representative (LAR), if the individual is unable, has the right to
designate at least one essential caregiver.
(b) A program provider must permit essential caregiver
visits except as provided by subsection (i) of this section.
(c) A program provider must develop a visitation policy
that permits an essential caregiver to visit the individual for at
least two hours each day.
(d) A program provider must have procedures in place
to enable physical contact between the individual and the essential
caregiver.
(e) A program provider 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 program provider must obtain the signature of
the essential caregiver certifying that the essential caregiver will
follow the program provider's safety protocols for essential caregiver
visits.
(g) A program provider may revoke an essential caregiver
designation if the caregiver violates the program provider's safety
protocols or rules adopted under this chapter.
(h) If a program provider revokes a person's designation
as an essential caregiver under subsection (g) of this section:
(1) the individual, or individual's LAR, has the right
to immediately designate another person as the essential caregiver;
(2) within 24 hours after the revocation, the program
provider must inform the individual or the individual's legally authorized
representative, in writing, of the right to an 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) a program provider must comply with a hearing officer's
decision regarding an appeal of an essential caregiver revocation.
(i) A program provider 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 program provider may request an extension from HHSC to suspend
in-person essential caregiver visitation beyond the program provider's
original request, but HHSC may not approve an extension for a period
that exceeds seven days and a program provider must separately request
each extension. HHSC may deny the program provider's original request
to suspend in-person essential caregiver visitation or the program
provider's extension request if HHSC determines that in-person visitation
does not pose a serious community health risk.
(j) A program provider 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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