A facility must ensure that all adult clients receiving services
provided by the facility are guaranteed the following rights.
(1) The facility must ensure that the facility's policies
and procedures:
(A) enable a client to exercise his or her rights;
(B) promote the highest practicable quality of life
for all clients and not deliberately or inadvertently prohibit a client
from exercising the rights stated in this section or the rights of
citizenship; and
(C) ensure that a client, in exercising his or her
rights, does not impede the rights of others in the facility.
(2) The facility must ensure a listing of client rights
is:
(A) provided in writing to each client or client's
responsible party; and
(B) posted in English and Spanish in a prominent place
in the facility accessible by clients and visitors.
(3) A client has all the rights, benefits, responsibilities,
and privileges stated in the Constitution and laws of this state and
the United States, except where lawfully restricted.
(4) A client has the right to be free of interference,
coercion, discrimination, and reprisal in exercising his or her civil
rights. Examples of interference, coercion, discrimination, and reprisal
include:
(A) prohibiting a client from selecting the client's
responsible party of the client's choice;
(B) intimidating a client to provide information about
a private conversation with another person;
(C) not allowing a client to use the client's private
property, such as durable medical equipment, recreational items, and
assistive devices;
(D) not allowing a client to visit with an individual
of the client's choice, unless the individual poses a threat to the
health and safety of the client, other clients, or staff;
(E) discharging a client for filing a complaint or
grievance; and
(F) using derogatory language to describe or address
a client.
(5) A client has the right to be free from physical
and mental abuse, including corporal punishment, physical restraints
and seclusion, and chemical restraints that are administered for the
purpose of discipline or convenience and not required to treat the
client's medical symptoms.
(6) A client has the right to participate in activities
of social, religious, and community groups unless the participation
interferes with the rights of others.
(7) A client has the right to practice the religion
of the client's choice or to abstain from religious activities.
(8) A client with an intellectual disability and who
is represented by a court-appointed guardian may participate in a
behavior modification program that involves the use of restraints
or adverse stimuli only with the informed consent of the guardian.
(9) A client has the right to be treated with respect,
courtesy, consideration, and recognition of his or her dignity and
individuality, without regard to race, religion, national origin,
sex, age, disability, marital status, or source of payment. This means
that the client:
(A) has the right to make individualized choices regarding
personal affairs, care, benefits, schedules and activities, and services;
(B) has the right to be free from abuse, neglect, and
exploitation;
(C) has the right, if protective measures are required
and the client has not been adjudicated cognitively impaired, to designate
a guardian or representative to ensure the right to quality stewardship
of the client's affairs; and
(D) has the right to protection of the client's personal
image. A facility employee must not share or post to the internet
or social media any photographs or video of a client without the client's
written consent.
(10) A client has the right to a safe and clean environment
that:
(A) is free of pests;
(B) is free of electrical and structural hazards; and
(C) has clean bathrooms and client areas.
(11) A client has the right to communicate with staff
and others in the client's native language for the purpose of acquiring
or providing any type of treatment, care, or services.
(12) A client has the right to make a complaint about
the client's care or treatment.
(A) A client's complaint may be made anonymously or
communicated by a person designated by the client.
(B) The facility must promptly respond to resolve each
client complaint.
(C) The facility must not discriminate or take other
punitive action against a client who makes a complaint.
(D) The facility must not impede a client's right to
make a formal complaint to HHSC or require that complaints be made
to the facility prior to lodging a formal complaint with HHSC.
(13) The facility must ensure a client is given personal
privacy while attending to personal needs.
(14) A client has the right to review and obtain copies
of the client's records in accordance with §559.75 of this subchapter
(relating to Client Records).
(15) A client has the right to be fully informed in
advance about treatment, care, and services provided by the facility.
(16) A client has the right to participate in developing
his or her individual plan of care that describes the client's DAHS
needs and how the needs will be met.
(17) A client has the right to refuse medical treatment
or services. The facility must ensure the client is advised by the
person providing treatment or services of the possible consequences
of refusing treatment or services.
(18) A client has the right to refuse to perform services
for the facility, except as contracted for by the client and director.
(19) A client has the right to be informed by the provider,
no later than the 30th day after admission:
(A) whether the client is entitled to benefits under
Medicare or Medicaid related to DAHS services; and
(B) which items and services are covered by these benefits,
including items or services for which the client may not be charged.
(20) A client has the right to execute an advance directive,
under Texas Health and Safety Code, Chapter 166, or designate a guardian
in advance of need to make decisions regarding the client's health
care should the client become incapacitated.
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