| (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.
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