(a) A resident has the right to:
(1) voice grievances without discrimination or reprisal
including grievances regarding treatment that has been furnished as
well as treatment that has not been furnished;
(2) prompt efforts by the facility to resolve grievances
the resident may have, including those with respect to the behavior
of other residents; and
(3) notify state agencies of complaints against a facility.
Complaints will be acknowledged by the staff of the agency that receives
the complaint. All complaints will be investigated, whether oral or
written.
(b) A nursing facility may not retaliate or discriminate
against a resident, a resident representative, or a volunteer because
the resident, the resident representative, a volunteer, or any other
person:
(1) makes a complaint or files a grievance concerning
the facility;
(2) reports a violation of law, including a violation
of laws or regulations regarding nursing facilities; or
(3) initiates or cooperates in an investigation or
proceeding of a governmental entity relating to care, services, or
conditions at the nursing facility.
(c) A facility may not discharge or otherwise retaliate
against:
(1) an employee, resident, or other person because
the employee, resident, or other person files a complaint, presents
a grievance, or otherwise provides in good faith information relating
to the misuse of a restraint or involuntary seclusion at the facility;
or
(2) a resident because someone on behalf of the resident
files a complaint, presents a grievance, or otherwise provides in
good faith information relating to the misuse of a restraint or involuntary
seclusion at the facility.
|
Source Note: The provisions of this §554.408 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective March 1, 1998, 23 TexReg 1314; amended to be effective August 1, 2000, 25 TexReg 6779; amended to be effective May 1, 2002, 27 TexReg 2832; amended to be effective June 1, 2006, 31 TexReg 4449; 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 |