HEALTH AND SAFETY CODE
TITLE 4. HEALTH FACILITIES
SUBTITLE F. POWERS AND DUTIES OF HOSPITALS
CHAPTER 317. DESIGNATION OF CAREGIVER FOR RECEIPT OF AFTERCARE INSTRUCTION
Sec. 317.001. DEFINITIONS. In this chapter:
(1) "Aftercare" means assistance provided by a designated caregiver to a person after that person's discharge from a hospital, as described by this chapter. The term includes assistance with tasks that are related to the person's condition at the time of that person's discharge from a hospital but does not include those tasks required to be performed by a licensed health care professional.
(2) "Designated caregiver" means an individual designated by a patient, including a relative, partner, friend, or neighbor, who:
(A) is at least 18 years of age;
(B) has a significant relationship with the patient; and
(C) will provide aftercare to the patient.
(3) "Discharge" means a patient's release from a hospital following an inpatient admission.
(4) "Hospital" means a general or special hospital licensed under Chapter 241 or exempt from licensure under Section 241.004(3).
(5) "Patient" means a person that is receiving or has received health care services at a hospital.
(6) "Surrogate decision-maker" has the meaning assigned by Section 313.002.
Added by Acts 2017, 85th Leg., R.S., Ch. 163 (H.B. 2425), Sec. 1, eff. May 26, 2017.
Sec. 317.0015. APPLICABILITY. This chapter applies only to a patient who is:
(1) 18 years of age or older; or
(2) younger than 18 years of age who has had the disabilities of minority removed.
Added by Acts 2017, 85th Leg., R.S., Ch. 163 (H.B. 2425), Sec. 1, eff. May 26, 2017.
Sec. 317.002. DESIGNATION OF CAREGIVER. (a) On admission to a hospital or before the patient is discharged or transferred to another facility, the hospital shall provide the patient, the patient's legal guardian, or the patient's surrogate decision-maker the opportunity to designate a caregiver.
(b) If a patient, a patient's legal guardian, or a patient's surrogate decision-maker designates a caregiver, a hospital shall:
(1) document in the patient's medical record:
(A) the name, telephone number, and address of the patient's designated caregiver; and
(B) the relationship of the designated caregiver to the patient; and
(2) request written authorization from the patient, the patient's legal guardian, or the patient's surrogate decision-maker to disclose health care information to the patient's designated caregiver.
(c) If a patient, a patient's legal guardian, or a patient's surrogate decision-maker declines to designate a caregiver, the hospital shall promptly record in the patient's medical record that the patient, the patient's legal guardian, or the patient's surrogate decision-maker did not wish to designate a caregiver.
(d) If a patient, a patient's legal guardian, or a patient's surrogate decision-maker declines to give authorization to a hospital to disclose health care information to the designated caregiver, a hospital is not required to comply with Sections 317.003 and 317.004.
(e) A patient, a patient's legal guardian, or a patient's surrogate decision-maker may change the patient's designated caregiver at any time, and the hospital must document the change in the patient's medical record.
(f) The designation of a person as the patient's caregiver does not obligate the person to serve as the patient's designated caregiver or to provide aftercare to the patient.
Added by Acts 2017, 85th Leg., R.S., Ch. 163 (H.B. 2425), Sec. 1, eff. May 26, 2017.
Sec. 317.003. NOTICE TO DESIGNATED CAREGIVER. (a) Except as provided by Section 317.002(d), as soon as possible before a patient's discharge or transfer to another facility but not later than the time the patient's attending physician issues a discharge order, a hospital shall notify the designated caregiver of the patient's discharge or transfer. The inability of the hospital to contact the designated caregiver may not interfere with, delay, or otherwise affect any medical care provided to the patient or the discharge of the patient.
(b) If the hospital is unable to contact the designated caregiver, the hospital shall promptly record in the patient's medical record that the hospital attempted to contact the designated caregiver.
Added by Acts 2017, 85th Leg., R.S., Ch. 163 (H.B. 2425), Sec. 1, eff. May 26, 2017.
Sec. 317.004. DISCHARGE PLAN. (a) Except as provided by Section 317.002(d), before a patient's discharge from a hospital, the hospital shall provide to the patient and designated caregiver a written discharge plan that describes the patient's aftercare needs.
(b) A discharge plan must include:
(1) the name and contact information of the designated caregiver and the designated caregiver's relationship to the patient;
(2) a description of the aftercare tasks that the patient requires written in a manner that is culturally competent; and
(3) the contact information for any health care resources necessary to meet the patient's aftercare needs.
Added by Acts 2017, 85th Leg., R.S., Ch. 163 (H.B. 2425), Sec. 1, eff. May 26, 2017.
Sec. 317.005. INSTRUCTION IN AFTERCARE TASKS. Before a patient's discharge from the hospital to any setting in which health care services are not regularly provided to others, the hospital shall provide the designated caregiver instruction and training as necessary for the caregiver to perform aftercare tasks.
Added by Acts 2017, 85th Leg., R.S., Ch. 163 (H.B. 2425), Sec. 1, eff. May 26, 2017.
Sec. 317.006. RULES. The executive commissioner of the Health and Human Services Commission shall adopt rules necessary to implement this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 163 (H.B. 2425), Sec. 1, eff. May 26, 2017.
Sec. 317.007. RIGHTS AND REMEDIES. (a) This chapter may not be construed to:
(1) interfere with the rights of an agent operating under a valid advance directive in accordance with Chapter 166; or
(2) alter, amend, revoke, or supersede any existing right or remedy granted under any other provision of law.
(b) This chapter does not create a private right of action against:
(1) a hospital, a hospital employee, or a person in a contractual relationship with a hospital; or
(2) a designated caregiver.
(c) A hospital, a hospital employee, or a person in a contractual relationship with a hospital may not be held liable in any way for services rendered or not rendered by a patient's designated caregiver to the patient.
(d) A designated caregiver may not be reimbursed by a government or commercial payer for aftercare assistance provided under this chapter.
(e) Nothing in this chapter may be construed:
(1) to alter the obligation of an insurance company, health service corporation, hospital service corporation, medical service corporation, health maintenance organization, or other entity issuing health benefit plans to provide coverage required under a health benefit plan;
(2) to affect, impede, or otherwise disrupt or reduce the reimbursement obligations of an insurance company, health service corporation, hospital service corporation, medical service corporation, health maintenance organization, or other entity issuing health benefit plans; or
(3) to affect the time at which a patient may be discharged or transferred from a hospital to another facility.
Added by Acts 2017, 85th Leg., R.S., Ch. 163 (H.B. 2425), Sec. 1, eff. May 26, 2017.