| (a) A resident has the right to organize and participate
in resident groups in a facility.
(b) A facility must assist a resident who requires
assistance to attend resident group meetings.
(c) A resident has the right to have a family member
or other resident representative meet in the facility with the family
or resident representative of other residents in the facility and
organize a family council. A family council may:
(1) make recommendations to the facility proposing
policy and operational decisions affecting resident care and quality
of life; and
(2) promote educational programs and projects intended
to promote the health and happiness of residents.
(d) If a resident group or family council exists, a
facility must:
(1) listen to and consider the views of a resident
group or family council and act promptly upon the grievances and recommendations
of residents and families concerning issues of resident care and life
in the facility;
(2) be able to demonstrate responses to the grievances
and recommendations of the resident group or family council and the
rationale for such responses;
(3) provide a resident group or family council with
private space and take reasonable steps with the approval of the group,
to make residents and family members aware of upcoming meetings in
a timely manner;
(4) provide a designated staff person who is approved
by the resident or family group and the facility and who is responsible
for providing assistance and responding to written requests that result
from resident group and family council meetings; and
(5) allow staff or visitors to attend meetings only
at the resident group's or family council's invitation.
(e) If a family council exists, a facility must:
(1) upon written request, allow the family council
to meet in a common meeting room of the facility at least once a month
during hours mutually agreed upon by the family council and the facility;
(2) provide the family council with adequate space
on a prominent bulletin board to post notices and other information;
(3) designate a staff person to act as the family council's
liaison to the facility;
(4) respond in writing to written requests by the family
council within five working days;
(5) include information about the existence of the
family council in a mailing that occurs at least semiannually;
(6) permit a representative of the family council to
discuss concerns with an individual conducting an inspection or survey
of the facility; and
(7) allow a resident to participate in a family council.
(f) Unless the resident objects, a family council member
may authorize, in writing, another member to visit and observe a
resident represented by the authorizing member.
(g) A facility must not limit the rights of a resident,
a resident's family member, or a family council member to meet with
an outside person, including:
(1) an employee of the facility during the employee's
nonworking hours if the employee agrees;
(2) a member of a nonprofit or government organization;
or
(3) another resident representative.
(h) A facility must not:
(1) terminate an existing family council;
(2) prevent or interfere with the family council from
receiving outside correspondence addressed to the family council or
open family council mail; or
(3) willfully interfere with the formation, maintenance,
or operation of a family council, including interfering by:
(A) denying a family council the opportunity to accept
help from an outside person;
(B) discriminating or retaliating against a family
council participant; or
(C) willfully scheduling events in conflict with previously
scheduled family council meetings, if the facility has other scheduling
options.
|
| Source Note: The provisions of this §554.706 adopted to be effective September 1, 2008, 33 TexReg 6151; amended to be effective March 24, 2020, 45 TexReg 2025; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871 |
