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July 26, 2021
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Texas legislature passes emergency management bill directed at dialysis centers, patients

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Texas legislators passed a bill with bipartisan support that mandates end-stage renal disease facilities develop contingency plans in the event that emergencies like natural disasters cause power outages that disrupt delivery of care.

Shaun Hamblin

“For people living with end-stage renal disease, unexpected disasters can compromise their access to care,” Shaun Hamblin, group vice president of operations at Fresenius Kidney Care, told Healio. “We championed S.B. 1876 for the important support measures that it provides patients during critical times of need. Not only does this legislation address essential travel and transport needs to dialysis centers during a crisis, but it also ensures our facilities receive priority water and power restoration so that we can continue providing life-sustaining treatment to our patients.”

The new legislation will allow preference to outpatient dialysis centers over emergency rooms when transferring patients who require immediate dialysis during a disaster. If no other transportation options are available, patients needing dialysis can call for an ambulance in the event of a disaster and they will be transported to either an outpatient center or emergency room depending on their need. Senate Bill 1876 (H.B. 3965) also dictates dialysis centers be prioritized when water and power sources are restored.

Moreover, the bill requires ESRD facilities to annually contact local or state disaster management representatives, an emergency operations center and a trauma service advisory council to determine what updates are needed for contingency plans. Facilities must also develop contracts with alternate dialysis facilities in the event that backup services are needed for patients.

Texas is the first state to offer a flexible model where patients on dialysis are not required to go to the emergency room if it is not otherwise medically necessary. Texas Senator Borris L. Miles, a kidney transplant recipient, sponsored the bill. It will take effect in September of 2021.

Reference:

Relating to emergency planning for the continued treatment and safety of end stage renal disease facility patients, SB. 1876, 87th Cong (2021). https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB01876F.pdf