Current through Reg. 50, No. 13; March 28, 2025
(a) Each patient or the patient's LAR has the
right to revoke an essential caregiver designation. The patient, the patient's
guardian, or the patient's LAR may then designate another person as the
essential caregiver.
(b) The state
hospital may revoke an essential caregiver designation if the essential
caregiver violates state hospital policies, procedures, or safety protocols. At
the time of revocation, the essential caregiver and the patient or the
patient's LAR will be provided a copy of the violated policy, procedure, or
safety protocol.
(c) If a state
hospital revokes an essential caregiver designation under this section:
(1) the patient, or the patient's LAR, has
the right to designate another essential caregiver immediately;
(A) within 24 hours, the state hospital must
notify the patient or the patient's LAR of the revocation in person or by phone
and the notification must be documented in the patient's record; and
(B) within two business days, the state
hospital must send a revocation notification letter to the patient or the
patient's LAR via certified mail to include the state hospital appeal
process;
(2) the patient
or the patient's LAR may petition the state hospital associate commissioner to
appeal the revocation of an essential caregiver's designation;
(A) not later than the 14th calendar day
after the date of revocation, the patient or the patient's LAR, may request an
appeal by submitting a written request to the state hospital associate
commissioner's office;
(B) the
state hospital associate commissioner or designee will make a determination on
the essential caregiver appeal not later than the 14th calendar day after
receiving the request; and
(C) the
outcome will be documented in the patient's record and a decision letter will
be sent to the requestor within two business days after the determination, if
the patient or the patient's LAR files an appeal; and
(3) if the revocation is upheld, within two
business days, the state hospital will send a revocation letter to the
essential caregiver and the patient or the patient's LAR via certified mail,
including how to contact the Ombudsman in a language the essential caregiver
and the patient or their LAR understands for information or assistance at
1-800-252-8154 or the HHSC website.
