SECTION 570.713. Essential Caregiver Visits

(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 [e-mail]; 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.

Source Note: The provisions of this §570.713 adopted to be effective June 1, 2022, 47 TexReg 3143