| (a) A center must adopt and enforce written policies
to ensure a minor's legal rights are observed and protected and to
ensure compliance with this section. The policies must comply with
relevant law and ensure that the center considers a minor's age and
legal status, including whether a guardian has been appointed or the
disabilities of minority have been removed, to determine a minor's
or other individual's authority to make decisions for the minor.
(b) Before providing services to a minor, a center
must provide an adult minor and a minor's parent with oral and written
notification of the requirements of this section in a language and
format that the minor and parent understand. The center must obtain
the signature of the adult minor and minor's parent to confirm that
the individual received the notice.
(c) A center must:
(1) ensure that a minor is free from abuse, neglect,
and exploitation at the center, as described in §15.903 of this
division (relating to Abuse, Neglect, or Exploitation Reportable to
DADS);
(2) inform a minor and a minor's parent of the center's
policy for reporting abuse, neglect, or exploitation of a minor;
(3) ensure that a minor and the minor's property is
treated with respect;
(4) at the time of admission, inform an adult minor
and a minor's parent, orally and in a written statement, that a complaint
or question about the center may be directed to the Department of
Aging and Disability Services, DADS Consumer Rights and Services Division,
P.O. Box 149030, Austin, Texas 78714-9030, toll free 1-800-458-9858;
(5) at the time of admission, inform an adult minor
and a minor's parent, orally and in a written statement, that:
(A) states that complaints about services at the center
may be directed to the administrator who will address them promptly;
(B) provides the time frame in which a center must
review and resolve the complaint as described in §15.904 of this
division (relating to Investigations of a Complaint and Grievance);
and
(C) does not include a statement that a complaint must
be made to the center administrator before directing a complaint
to DADS;
(6) ensure that a minor is not subjected to unlawful
discrimination or retaliation;
(7) ensure that a minor is treated appropriate to his
or her age and developmental status;
(8) ensure that a minor is allowed to interact with
other minors, including through planned and spontaneous active play,
respective to a minor's condition and physician orders;
(9) ensure that an adult minor and a minor's parent
are informed in advance about the services to be provided, including:
(A) staff who will provide the services and the proposed
frequency of each service;
(B) any change in the plan of care before the change
is made, except when a delay based on notification would compromise
the health and safety of a minor;
(10) ensure that an adult minor and a minor's parent
are informed of the expected outcomes of services and any specific
limitations or barriers to services;
(11) ensure that an adult minor and a minor's parent
are allowed and encouraged to participate in planning services and
in planning changes to services and that the adult minor and the minor's
parent consented to the changes before the changes are made, except
when a delay based on participation in planning or obtaining consent
would compromise the immediate health and safety of a minor;
(12) ensure that an adult minor and a minor's parent
are informed of the center's policies on implementing an advance directive
in accordance with §15.902 of this division (relating to Advance
Directives) and to receive information about executing an advance
directive;
(13) ensure that an adult minor and a minor's parent
are allowed to refuse services;
(14) ensure that minor's medical record is kept confidential
and an adult minor and a minor's parent are informed of the center's
policies and procedures regarding disclosure of medical records;
(15) ensure that an adult minor and a minor's parent
are informed, before care is provided, of the:
(A) extent to which payment for the center's services
may be expected from Medicaid, or any other federally funded or aided
program known to the center, or any other third-party payment source;
(B) charges for services not covered by a third-party
payment source; and
(C) charges that the adult minor or minor's parent
may have to pay;
(16) inform an adult minor and a minor's parent of
any changes in the information provided in accordance with paragraph
(15) of this subsection as soon as possible after changes occur, but
no later than 30 days after the date the center becomes aware of the
change;
(17) inform an adult minor and a minor's parent of
the availability of other programs, including day care, early intervention
programs, or school; and
(18) ensure that an adult minor and a minor's parent
are allowed to convene or participate in a council or support group
for individuals receiving services at the center.
|
| Source Note: The provisions of this §550.901 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875 |
