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RULE §368.403Rights of Designated Residents

(a) The service provider agency must assist the designated resident or LAR in exercising the same rights and responsibilities exercised by people without disabilities.

(b) The service provider agency must protect and promote the following rights of the designated resident:

  (1) to be informed of requirements for participation as described in §368.601(c) of this chapter (relating to Termination and Suspension of IHSS);

  (2) to be informed of the designated resident's plan of care and implementation plan, including any restrictions affecting the designated resident's rights;

  (3) to participate in decisions and be informed of the reasons for decisions regarding plans for initiation, transfer, denial, suspension, or termination of IHSS;

  (4) to be informed about the designated resident's own physical and behavioral health and related progress;

  (5) to be informed of the name and qualifications of any individual providing services for the designated resident and to choose among various available individual service providers;

  (6) to receive visitors without prior notice to the service provider agency unless such rights are contraindicated by the designated resident's rights or the rights of others;

  (7) to have privacy in visitation with family and other visitors;

  (8) to make and receive telephone calls;

  (9) to attend religious activities of choice;

  (10) to participate in developing a transition plan that addresses assistance for the designated resident after he or she leaves the NF;

  (11) to be free from the use of unauthorized restraints;

  (12) to have a personalized plan of care and implementation plan, based on individualized assessments, that meet the designated resident's needs and abilities and enhance the designated resident's strengths;

  (13) to help decide what the implementation plan will be;

  (14) to be informed as to the progress or lack of progress being made in the execution of the implementation plan;

  (15) to complain at any time to a staff member, individual service provider, volunteer, controlling person, ombudsman or a representative of the designated protection and advocacy system in the state for individuals with mental illness or individuals with IDD;

  (16) to receive appropriate support and encouragement from a staff member, individual service provider, volunteer, or controlling person if the designated resident dislikes or disagrees with the services being rendered or thinks that his or her rights are being violated;

  (17) to be free from abuse, neglect, or exploitation;

  (18) to have service providers who are responsive to the designated resident;

  (19) to have privacy during services and care of personal needs;

  (20) to communicate, associate, and meet privately with individuals of his or her choice, unless this violates the rights of another individual;

  (21) to participate in social, recreational, and community group activities;

  (22) to have his or her LAR involved in activities, including:

    (A) being informed of all rights and responsibilities when the designated resident is receiving IHSS from the service provider agency, as well as any changes in rights or responsibilities before they become effective;

    (B) participating in the planning for IHSS; and

    (C) advocating for all rights of the designated resident;

  (23) to be informed of the designated resident's option to transfer to other service provider agencies as chosen by the designated resident or LAR as often as desired;

  (24) to complain to HHSC when the service provider agency's resolution of a complaint is unsatisfactory to the designated resident or LAR, and to be informed of the HHSC Complaint and Incident Intake telephone number to initiate complaints; and

  (25) to be free from the use of seclusion.

Source Note: The provisions of this §368.403 adopted to be effective September 1, 2021, 46 TexReg 4151

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