| (a) The program provider cannot prohibit:
(1) an individual, or the legally authorized representative
(LAR) on behalf of the individual, from exercising the same rights
and responsibilities exercised by people without disabilities; and
(2) a LAR or family members from encouraging the individual
to exercise the same rights and responsibilities exercised by people
without disabilities.
(b) The program provider must develop and implement
policies that ensure the individual is informed of his or her rights
and can exercise his or her rights without interference, coercion,
discrimination, or retaliation from the program provider. This includes
the right to:
(1) manage, be trained to manage, or have assistance
in managing financial affairs upon documentation of the individual's
written request for assistance;
(2) access public accommodations;
(3) be informed of the requirements for participation;
(4) be informed, both orally and in writing, of all
the HCS Program and CFC services available and rules pertaining to
the individual's enrollment and participation in the program provider's
program, including those related to the use of restraint, as well
as any changes in these that occur;
(5) be informed of the individual plan of care (IPC),
implementation plan, and transportation plan, including any restrictions
affecting the individual's rights;
(6) participate in decisions and be informed of the
reasons for decisions regarding plans for enrollment, service termination,
transfer, relocation, or denial of Home and Community-based Services
Program (HCS) Program or Community First Choice (CFC) services;
(7) be informed about the individual's own health,
mental condition, and related progress;
(8) be informed of the name and qualifications of any
person serving or treating the individual and to choose among various
available service providers;
(9) receive visitors without prior notice to the program
provider;
(10) have privacy in visitation with family and other
visitors;
(11) make and receive telephone calls in private;
(12) send and receive sealed and uncensored mail;
(13) attend or refuse to attend religious activities;
(14) participate in developing a pre-discharge plan
that addresses assistance for the individual after he or she leaves
the program;
(15) be free from the use of unauthorized restraints;
(16) live in a normative residential living environment;
(17) access free public schooling according to Texas
Education Code;
(18) live where the individual is within proximity
of and can access treatment and services that are best suited to meet
the individual's needs and abilities and enhance that individual's
strengths;
(19) have a personalized IPC, implementation plan,
and transportation plan based on individualized assessments that meet
the individual's needs and abilities and enhance that individual's
strengths;
(20) help decide what the implementation plan and transportation
plan will be;
(21) be informed as to the progress or lack of progress
being made in the execution of the implementation plan and transportation
plan;
(22) choose from the same services that are available
to all community members, including those without disabilities;
(23) be evaluated as needed, but at least annually,
to determine the individual's strengths, needs, preferences, and appropriateness
of the implementation plan and transportation plan;
(24) complain at any time to a staff member or service
provider;
(25) receive appropriate support and assistance from
a staff member or service provider to address concerns if the individual
dislikes or disagrees with the services being rendered or thinks that
his or her rights are being violated;
(26) live free from abuse, neglect, or exploitation
in a healthful and safe environment;
(27) participate in decisions regarding the individual's
living environment, including location, furnishings, personal property,
other individuals residing in the residence, and moves to other residential
locations;
(28) have service providers who are responsive to the
individual and, at the same time, are responsible for the overall
functioning of the HCS Program;
(29) have active personal assistance in exercising
civil and self-advocacy rights attainment by provisions for:
(A) complaints;
(B) voter registration;
(C) citizenship information and education;
(D) advocacy services; and
(E) guardianship;
(30) receive counseling concerning the use of money;
(31) possess and to use money in personal and individualized
ways or learn to do so;
(32) access all financial records regarding the individual's
funds;
(33) have privacy during treatment and care of personal
needs;
(34) have privacy during visits by his or her spouse
if living apart;
(35) share a room when both spouses are living in the
same residence;
(36) be free from serving as a source of labor when
residing with persons other than family members;
(37) communicate, associate, and meet privately with
any person of his or her choice, including other individuals, unless
this violates the rights of another individual;
(38) participate in social, recreational, and community
group activities;
(39) have his or her LAR involved in activities, including:
(A) being informed of all rights and responsibilities
when the individual is enrolled in the program provider's program,
as well as any changes in rights or responsibilities before they become
effective;
(B) participating in the planning for HCS Program and
CFC services; and
(C) advocating for all rights of the individual;
(40) be informed of the individual's option to transfer
to other program providers as chosen by the individual or LAR as often
as desired;
(41) complain to HHSC when the program provider's resolution
of a complaint is unsatisfactory to the individual or LAR, and to
be informed of the Intellectual and Developmental Disability Ombudsman
telephone number to initiate complaints (1-800-252-8154); and
(42) have opportunities for leisure time activities,
vacation periods, religious observances, holidays, and days off, consistent
with the individual's choice and routines of other members of the
community.
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