| (BB) execute an advance directive, under Texas Health
and Safety Code, Chapter 166, or designate a guardian in advance of
need to make decisions regarding the resident's health care should
the resident become incapacitated.
(b) Providers' Bill of Rights.
(1) A facility must post a Providers' Bill of Rights
in a prominent place in the facility.
(2) The Providers' Bill of Rights must provide that
a provider of assisted living services has the right to:
(A) be shown consideration and respect that recognizes
the dignity and individuality of the provider and the facility;
(B) terminate a resident's contract for just cause
after a written 30-day notice;
(C) terminate a contract immediately, after notice
to HHSC, if the provider finds that a resident creates a serious or
immediate threat to the health, safety, or welfare of other residents
of the facility, except during evening hours and on weekends or holidays,
notice to HHSC must be made to 1-800-458-9858;
(D) present grievances, file complaints, or provide
information to state agencies or other persons without threat of reprisal
or retaliation;
(E) refuse to perform services for the resident or
the resident's family other than those contracted for by the resident
and the provider;
(F) contract with the community to achieve the highest
level of independence, autonomy, interaction, and services to residents;
(G) access patient information concerning a client
referred to the facility, which must remain confidential as provided
by law;
(H) refuse a person referred to the facility if the
referral is inappropriate;
(I) maintain an environment free of weapons and drugs;
and
(J) be made aware of a resident's problems, including
self-abuse, violent behavior, alcoholism, or drug abuse.
(c) Access to residents. The facility must allow an
employee of HHSC or an employee of a local authority into the facility
as necessary to provide services to a resident.
(d) Authorized electronic monitoring (AEM).
(1) A facility must permit a resident, or the resident's
guardian or legal representative, to monitor the resident's room through
the use of electronic monitoring devices.
(2) A facility may not refuse to admit an individual
and may not discharge a resident because of a request to conduct authorized
electronic monitoring.
(3) HHSC Information Regarding Authorized Electronic
Monitoring form must be signed by or on behalf of all new residents
upon admission. The form must be completed and signed by or on behalf
of all current residents. A copy of the form must be maintained in
the active portion of the resident's clinical record.
Attached Graphic
(4) A resident, or the resident's guardian or legal
representative, who wishes to conduct AEM must request AEM by giving
a completed, signed, and dated HHSC Request for Authorized Electronic
Monitoring form to the manager or designee. A copy of the form must
be maintained in the active portion of the resident's clinical record.
(A) If a resident has the capacity to request AEM and
has not been judicially declared to lack the required capacity, only
the resident may request AEM, notwithstanding the terms of any durable
power of attorney or similar instrument.
(B) If a resident has been judicially declared to lack
the capacity required to request AEM, only the guardian of the resident
may request AEM.
(C) If a resident does not have the capacity to request
AEM and has not been judicially declared to lack the required capacity,
only the legal representative of the resident may request AEM.
(i) A resident's physician makes the determination
regarding the capacity to request AEM. Documentation of the determination
must be made in the resident's clinical record.
(ii) When a resident's physician determines the resident
lacks the capacity to request AEM, a person from the following list,
in order of priority, may act as the resident's legal representative
for the limited purpose of requesting AEM:
(I) a person named in the resident's medical power
of attorney or other advance directive;
(II) the resident's spouse;
(III) an adult child of the resident who has the waiver
and consent of all other qualified adult children of the resident
to act as the sole decision-maker;
(IV) a majority of the resident's reasonably available
adult children;
(V) the resident's parents; or
(VI) the individual clearly identified to act for the
resident by the resident before the resident became incapacitated
or the resident's nearest living relative.
(5) A resident, or the resident's guardian or legal
representative, who wishes to conduct AEM must also obtain the consent
of other residents in the room, using the HHSC Consent to Authorized
Electronic Monitoring form. When complete, the form must be given
to the manager or designee. A copy of the form must be maintained
in the active portion of the resident's clinical record. AEM cannot
be conducted without the consent of other residents in the room.
(A) Consent to AEM may be given only by:
(i) the other resident or residents in the room;
(ii) the guardian of the other resident, if the resident
has been judicially declared to lack the required capacity; or
(iii) the legal representative of the other resident,
determined by following the same procedure established under paragraph
(4)(C) of this subsection.
(B) Another resident in the room may condition consent
on:
(i) pointing the camera away from the consenting resident,
when the proposed electronic monitoring is a video surveillance camera;
and
(ii) limiting or prohibiting the use of an audio electronic
monitoring device.
(C) AEM must be conducted in accordance with any limitation
placed on the monitoring as a condition of the consent given by or
on behalf of another resident in the room. The resident's roommate,
or the roommate's guardian or legal representative, assumes responsibility
for assuring AEM is conducted according to the designated limitations.
(D) If AEM is being conducted in a resident's room,
and another resident is moved into the room who has not yet consented
to AEM, the monitoring must cease until the new resident, or the resident's
guardian or legal representative, consents.
(6) When the completed HHSC Request for Authorized
Electronic Monitoring form and the HHSC Consent to Authorized Electronic
Monitoring form, if applicable, have been given to the manager or
designee, AEM may begin.
(A) Anyone conducting AEM must post and maintain a
conspicuous notice at the entrance to the resident's room. The notice
must state that the room is being monitored by an electronic monitoring
device.
(B) The resident, or the resident's guardian or legal
representative, must pay for all costs associated with conducting
AEM, including installation in compliance with life safety and electrical
codes, maintenance, removal of the equipment, posting and removal
of the notice, or repair following removal of the equipment and notice,
other than the cost of electricity.
(C) The facility must meet residents' requests to have
a video camera obstructed to protect their dignity.
(D) The facility must make reasonable physical accommodation
for AEM, which includes providing:
(i) a reasonably secure place to mount the video surveillance
camera or other electronic monitoring device; and
(ii) access to power sources for the video surveillance
camera or other electronic monitoring device.
(7) All facilities, regardless of whether AEM is being
conducted, must post an 8 1/2-inch by 11-inch notice at the main facility
entrance. The notice must be entitled "Electronic Monitoring" and
must state, in large, easy-to-read type, "The rooms of some residents
may be monitored electronically by or on behalf of the residents.
Monitoring may not be open and obvious in all cases."
(8) A facility may:
(A) require an electronic monitoring device to be installed
in a manner that is safe for residents, employees, or visitors who
may be moving about the room, and meets all local and state regulations;
(B) require AEM to be conducted in plain view; and
Cont'd... |
