(a) Resident rights. The resident has the right to:
(1) choose and retain a personal attending physician,
subject to that physician's compliance with the facility's standard
operating procedures for physician practices in the facility;
(2) be fully informed in advance about care and treatment
and of any changes in that care or treatment that may affect the resident's
well-being; and
(3) participate in planning care and treatment or changes
in care and treatment, to the extent practicable. See §19.419
of this title (relating to Advance Directives).
(b) Licensed-only facilities. The resident must be
allowed complete freedom of choice to obtain pharmacy services from
any pharmacy that is qualified to perform the services. A facility
must not require residents to purchase pharmaceutical supplies or
services from the facility itself or from any particular vendor. The
resident has the right to be informed of prices before purchasing
any pharmaceutical item or service from the facility, except in an
emergency.
(c) Additional requirements regarding freedom of choice
for Medicaid recipients. The recipient must be allowed complete freedom
of choice to obtain any Medicaid services from any institution, agency,
pharmacy, person, or organization that is qualified to perform the
services, unless the provider causes the facility to be out of compliance
with the requirements specified in this chapter.
(1) A facility must not require recipients to purchase
supplies or services, including pharmaceutical supplies or services,
from the facility itself or from any particular vendor. The recipient
has the right to be informed of prices before purchasing any item
or services from the facility, except in an emergency.
(2) The facility must furnish Medicaid recipients with
complete information about available Medicaid services, how to obtain
these services, their rights to freely choose service providers as
specified in this subsection and the right to request a hearing before
HHSC if the right to freely choose providers has been abridged without
due process.
|
Source Note: The provisions of this §554.406 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective March 24, 2020, 45 TexReg 2025; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871 |