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RULE §506.33Resident Rights

(a) General. The facility shall promote and protect the rights of all residents. Policies that ensure resident rights shall be adopted, implemented and enforced. The policies shall include:

  (1) the right of the resident to considerate and respectful care:

    (A) the care of the resident includes consideration of the psychosocial, spiritual, and cultural variables that influence the perceptions of illness; and

    (B) the care of the dying resident optimizes the comfort and dignity of the patient;

  (2) the right of the patient, in collaboration with his or her physician, to make decisions involving his or her health care;

  (3) the right of the resident to formulate advance directives and to appoint a surrogate to make health care decisions on his or her behalf to the extent permitted by law:

    (A) a facility shall have in place a mechanism to ascertain the existence of, and, as appropriate, assist in the development of advance directives at the time of the resident's admission;

    (B) the provision of care shall not be conditioned on the existence of an advance directive; and

    (C) an advance directive(s) shall be in the resident's record and shall be reviewed periodically with the patient or surrogate decision maker if the patient has executed an advance directive;

  (4) the right of the resident, within the limits of law, to personal privacy and confidentiality of information;

  (5) the right to receive care in a safe setting:

    (A) all accidents, whether or not they result in injury, and any unusual incidents or abnormal events, including allegations of mistreatment of residents by staff, personnel, or visitors, shall be investigated by the facility; and

    (B) documentation shall be maintained in separate administrative records, to be filed in the facility director's office.

  (6) the right to have unlimited freedom to move to and from the facility;

  (7) the right to only be discharged from the facility for reasons specified in the admission policies and to have due notification;

  (8) the right to keep and maintain his or her personal belongings in his or her possession:

    (A) within 72 hours of admission, the facility must prepare a written inventory of the personal property a resident brings to the facility (inventory of the resident's clothing is not required);

    (B) if requested by the resident or responsible party, the inventory shall be updated; and

    (C) the facility shall have a mechanism to protect resident clothing.

  (9) the right to keep and maintain his or her own finances;

  (10) the right to participate in, or abstain from, religious observances;

  (11) the right to receive and send mail unopened and without undue delay; and

  (12) the right to receive visitors at reasonable hours, within reasonable limitations, as may be required by the facility in its operation policies.

(b) Rights of the elderly. Rights of the elderly specified in Human Resources Code, Title 6, Chapter 102, shall apply to residents 60 years of age or older.

(c) Abuse, neglect and exploitation. The facility shall adopt, implement and enforce policies which ensure that residents are protected from abuse, neglect and exploitation.

  (1) Reporting requirements.

    (A) Abuse or neglect of a child, as defined in §1.204(a) and (b) of this title (relating to Investigations of Abuse, Neglect, or Exploitation of Children or Elderly or Disabled Persons), which occurs in a facility shall be reported to the Texas Department of Health (department).

    (B) Abuse, neglect or exploitation of an elderly or disabled person, as defined in §1.204(a) and (b) of this title, which occurs in a facility shall be reported to the department.

  (2) Investigations.

    (A) Submission of complaints. A complaint alleging abuse, neglect or exploitation may be submitted in writing or verbally to the Health Facility Licensing and Compliance Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199, telephone, (888) 973-0022.

    (B) Investigations by the department. A complaint containing allegations of abuse, neglect or exploitation as defined in §1.204(a) and (b) of this title shall be investigated by the department.

    (C) Allegations of abuse, neglect or exploitation which are not under the jurisdiction of the department will be referred to law enforcement agencies or other agencies, as appropriate.

Source Note: The provisions of this §506.33 adopted to be effective July 25, 2004, 29 TexReg 6911; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2467

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