| (1) inform the resident verbally and in writing, before
or at the time of admission, of his rights and responsibilities. The
rights and responsibilities include rules governing resident conduct,
complaints, bedhold policies for hospital and personal leave, and
eviction procedures. The policies must not violate the rules specified
in this subchapter nor adversely affect the resident's health or safety.
All policies must have an effective date. If the provider amends any
policy, each resident must be informed before the change becomes effective.
A written copy of these policies must be given to the resident to
initial and date. This copy must be filed in the resident's casefolder.
A copy of the policies must also be given to the resident. If the
resident is unable to read or understand the policies, a copy must
be given to the person responsible for him;
(2) allow the resident to manage his finances or trust
funds. The provider must assist the resident in managing his finances
only if the resident requests assistance in writing. The resident
may rescind this authorization at any time by doing so in writing;
(3) investigate all problems, deficiencies, and non-compliance
with policies, procedures, and standards which are reported by the
resident or DADS staff within five workdays from receipt of the report.
A copy of the documented complaint must be submitted to the adult
protective services caseworker within 30 days of the receipt of the
report;
(4) provide each resident with a general orientation
about his needs and the tasks to be provided before or at the time
the service begins;
(5) not require a resident to perform services for
the provider or other residents; and
(6) treat each resident with dignity and respect. The
provider must guarantee certain basic rights to each resident living
in his home. Such rights include the right to privacy, humane care
and environment, safety of personal possessions and funds, receipt
of visitors, confidentiality of personal records, freedom of religion,
freedom from physical or mental abuse, neglect and exploitation, freedom
from physical or chemical restraints, freedom from financial exploitation,
and the right to voice grievances without retribution or intimidation.
(i) Transportation. Adult foster care providers must
provide or make arrangements to meet the transportation needs of a
resident for medical appointments/care, shopping for personal needs,
and church activities as identified by the adult foster care caseworker.
An escort must also be provided if specified in the individual service
plan for a resident.
(j) Provider rights. Each provider must post a providers'
bill of rights in a prominent place in the foster home. The bill of
rights must state that the adult foster care provider has the right
to:
(1) be shown consideration and respect that recognizes
the dignity and individuality of the provider;
(2) terminate the client/provider agreement after a
written 30-day notice;
(3) terminate the client/provider agreement immediately,
after notice to DADS, if the provider finds that a resident creates
a serious or immediate threat to the health, safety, or welfare of
the provider or the other residents of the foster home;
(4) refuse to perform services for the resident or
the resident's family other than those specified in the client/provider
agreement;
(5) refuse to accept a person referred to the foster
home if the referral is inappropriate;
(6) refuse to allow the presence of illegal drugs and
weapons in the home; and
(7) be made aware of a resident's problems, including
aggressive or violent behavior, disease, alcoholism, or drug abuse.
(k) Termination of services. Adult foster care providers
cannot terminate services to a resident without the prior approval
of the adult foster care caseworker or supervisor, unless the resident
creates a serious or immediate threat to the health, safety, or welfare
of the provider or the other residents of the foster home.
|
| Source Note: The provisions of this §48.8907 adopted to be effective January 1, 1994, 18 TexReg 8232; amended to be effective November 1, 1994, 19 TexReg 8132; amended to be effective September 1, 2014, 39 TexReg 6637 |
