(a) An individual, or the individual's legally authorized representative (LAR), if the individual is unable, has the right to designate at least one essential caregiver.
(b) An intermediate care facility for individuals with an intellectual disability or related conditions (ICF/IID) must permit essential caregiver visits except as provided by subsection (i) of this section.
(c) An ICF/IID must develop a visitation policy that permits an essential caregiver to visit the individual for at least two hours each day.
(d) An ICF/IID must have procedures in place to enable physical contact between the individual and the essential caregiver.
(e) An ICF/IID 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) An ICF/IID must obtain the signature of the essential caregiver certifying that the essential caregiver will follow the ICF/IID's safety protocols for essential caregiver visits.
(g) An ICF/IID may revoke an essential caregiver designation if the caregiver violates the facility's safety protocols or rules adopted under this chapter.
(h) If an ICF/IID revokes a person's designation as an essential caregiver under subsection (g) of this section:
  (1) the individual or the individual's legally authorized representative has the right to immediately designate another person as the essential caregiver;
  (2) within 24 hours after the revocation, the ICF/IID must inform the individual or the individual's LAR, 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) the ICF/IID must comply with a hearing officer's decision regarding an appeal of an essential caregiver revocation.
(i) An ICF/IID 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. An ICF/IID may request an extension from HHSC to suspend in-person essential caregiver visitation beyond the ICF/IID's original request, but HHSC may not approve an extension for a period that exceeds seven days and an ICF/IID must separately request each extension. HHSC may deny the ICF/IID's original request to suspend in-person essential caregiver visitation or the ICF/IID's extension request if HHSC determines that in-person visitation does not pose a serious community health risk.
(j) An ICF/IID 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 §570.613 adopted to be effective June 1, 2022, 47 TexReg 3143