Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 570 - LONG-TERM CARE PROVIDER RULES DURING A PUBLIC HEALTH EMERGENCY OR DISASTER
Subchapter D - HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
Division 2 - HOSPICE AGENCIES OPERATING AN INPATIENT FACILITY
Section 570.327 - Essential Caregiver Visits
Current through Reg. 49, No. 38; September 20, 2024
(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:
(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:
