| (a) The program provider must assist the:
(1) individual, or the LAR on behalf of the individual,
in exercising the same rights and responsibilities exercised by people
without disabilities; and
(2) LAR or family members in encouraging the individual
to exercise the same rights and responsibilities exercised by people
without disabilities.
(b) The program provider must protect and promote the
following rights of the individual:
(1) to manage, be trained to manage, or have assistance
in managing financial affairs upon documentation of the individual's
written request for assistance;
(2) to access public accommodations;
(3) to be informed of requirements for participation;
(4) to be informed both orally and in writing of all
the HCS Program services 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) to be informed of the individual's IPC, implementation
plan, and transportation plan, including any restrictions affecting
the individual's rights;
(6) to participate in decisions and be informed of
the reasons for decisions regarding plans for enrollment, service
termination, transfer, relocation, or denial of HCS Program service
or CFC services;
(7) to be informed about the individual's own health,
mental condition, and related progress;
(8) to be informed of the name and qualifications of
any person serving or treating the individual and to choose among
various available service providers;
(9) to receive visitors without prior notice to the
program provider unless such rights are contraindicated by the individual's
rights or the rights of other individuals;
(10) to have privacy in visitation with family and
other visitors;
(11) to make and receive telephone calls;
(12) to send and to receive sealed and uncensored mail;
(13) to attend religious activities of choice;
(14) to participate in developing a pre-discharge plan
that addresses assistance for the individual after he or she leaves
the program;
(15) to be free from the use of unauthorized restraints;
(16) to live in a normative residential living environment;
(17) to access free public schooling according to the
Texas Education Code;
(18) to 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) to 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) to help decide what the implementation plan and
transportation plan will be;
(21) to be informed as to the progress or lack of progress
being made in the execution of the implementation plan and transportation
plan;
(22) to choose from the same services that are available
to all community members;
(23) to 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) to complain at any time to a staff member or service
provider;
(25) to receive appropriate support and encouragement
from a staff member or service provider if the individual dislikes
or disagrees with the services being rendered or thinks that his or
her rights are being violated;
(26) to live free from abuse, neglect, or exploitation
in a healthful, comfortable, and safe environment;
(27) to participate in decisions regarding the individual's
living environment, including location, furnishings, other individuals
residing in the residence, and moves to other residential locations;
(28) to 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) to 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) to receive counseling concerning the use of money;
(31) to possess and to use money in personal and individualized
ways or learn to do so;
(32) to access all financial records regarding the
individual's funds;
(33) to have privacy during treatment and care of personal
needs;
(34) to have privacy during visits by his or her spouse
if living apart;
(35) to share a room when both the husband and wife
are living in the same residence;
(36) to be free from serving as a source of labor when
residing with persons other than family members;
(37) to communicate, associate, and meet privately
with individuals of his or her choice, unless this violates the rights
of another individual;
(38) to participate in social, recreational, and community
group activities;
(39) to 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 services
and CFC services; and
(C) advocating for all rights of the individual;
(40) to 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) to be informed orally and in writing of any charges
assessed by the program provider against the individual's personal
funds, the purpose of those charges, and effects of the charges in
relation to the individual's financial status;
(42) to complain to DADS when the program provider's
resolution of a complaint is unsatisfactory to the individual or LAR,
and to be informed of the DADS Office of Consumer Rights and Services
telephone number to initiate complaints (1-800-458-9858);
(43) to be free from the use of seclusion; and
(44) to have a lock on the inside of the individual's
bedroom door as described in §9.174(a)(23) of this subchapter
(relating to Certification Principles: Service Delivery).
|
| Source Note: The provisions of this §9.173 adopted to be effective March 1, 2000, 25 TexReg 1649; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective June 1, 2006, 31 TexReg 4442; amended to be effective June 1, 2010, 35 TexReg 4441; amended to be effective April 1, 2014, 39 TexReg 2296; amended to be effective March 20, 2016, 41 TexReg 1867 |
