The elderly (60 years of age and older) have all the rights, benefits, responsibilities, and privileges granted by the constitution and laws of this state and the United States. They have the right to be free of interference, coercion, discrimination, and reprisal in exercising these civil rights.

BY LAW, every Texas nursing facility resident has the right...

To be treated with dignity, respect, courtesy and consideration without regard to race, religion, national origin, sex, age, disability, marital status or source of payment.

• To make their own choices regarding personal affairs, care, benefits and services;
• To be free from abuse, neglect, and exploitation;
• To designate a guardian or representative to ensure the right to quality stewardship of their affairs, if protective measures are required, and
• To live in safe, decent and clean conditions.

To receive all care necessary to have the highest possible level of health.

To be free from physical or chemical restraints used for discipline or convenience and not required for medical symptoms.

To communicate in their native language with other individuals or employees for the purpose of acquiring or receiving any type of treatment, care or services.

To complain about care or treatment and receive prompt response to resolve the complaint without fear of reprisal or discrimination by the person providing services; to organize or participate in any program that presents residents' concerns to the facility administrator.

To receive visitors.

To privacy during visits and telephone calls and while attending to personal needs, unless providing privacy would infringe on the rights of others.

To participate in activities of social, religious or community groups, inside or outside of a care setting, unless the participation interferes with the rights of other persons.

To send and receive unopened mail and to receive assistance in reading or writing correspondence.

To manage their own personal financial affairs in the least restrictive method by:

• Written authorization for another person to manage or provide accounting of money and property;
• Choosing another manner, including a representative payee program, a money management program, a financial power of attorney, a trust, or a similar method.

To access and to have an accounting of their money and property deposited with the facility and of all financial transactions made with or on behalf of them.

To access personal and clinical records which will be maintained as confidential and may not be released without their consent, except to a person providing services at the time they are transferred or as required by another law.

To be fully informed about their total medical condition, in a language that they can understand, and to be notified whenever there is a significant change in their medical condition, by the person providing services.

To retain the services of a physician of their choice, at their own expense or through an insurance plan, and to be fully informed in advance about treatment or care that may affect their well-being.

To participate in developing a plan of care that describes their medical, psychological and nursing needs and how the needs will be met, including reasonably expected effects, side effects and risks associated with psychoactive medications.

To refuse medical treatment and to refuse to participate in experimental research after being advised by the person providing services of possible consequences; and acknowledging that they clearly understand the consequences.

To receive information about prescribed psychoactive medication from the person who prescribes the medication or that person's designee, to have any psychoactive medications prescribed and administered in a responsible way, as mandated by the HSC 242.505, and to refuse to consent to the prescription of psychoactive medications;

To place in their room an electronic monitoring device that is owned and operated by the resident or provided by the guardian or legal representative.

To receive a written statement or admission agreement describing the services provided by the facility and the related charges.

To be informed, not later than the 30th day after admission, by a person providing services, of entitlement to benefits under Medicare or Medicaid and items and services covered by these benefits, including those for which they may not be charged.

To discharge themselves from the facility unless they have been adjudicated mentally incompetent.

To not be transferred or discharged by a person providing services unless:

• Transfer is for their welfare and their needs cannot be met by the person providing services;
• Their health has improved sufficiently so that services are no longer needed;
• Their health and safety or the health and safety of another individual would be endangered if the transfer or discharge was not made;
• The service provider ceases to operate or to participate in the program which pays for their treatment or care; or
• They fail, after reasonable and appropriate notices, to pay for services.

To not be transferred or discharged, except in an emergency, until the 30th day after the date of written notice to the individual, legal representative or a family member stating:

• Intent to transfer or discharge;
• Reason for the transfer or discharge;
• Effective date of transfer or discharge;
• If transferred, the location to which they will be transferred; and
• The right to appeal the action to the Texas Department of Human Services if it is a Medicaid certified facility and the person to whom the appeal should be directed.

To not be relocated within the facility except in accordance with nursing facility regulations.

To keep and use personal possessions, including clothing and furnishings, as space permits, secure from theft or loss. The number of personal possessions may be limited for the health and safety of other individuals.

To wear their own clothes.

To refuse to perform services for the person or facility providing services.

To use advance directives to:

• Make a living will by executing a directive under the Texas Advance Directives Act;
• Execute a medical power of attorney; or
• Designate a guardian in advance of need to make decisions regarding their health care should incapacity occur.

To receive a copy of the Statement of Resident Rights and responsibilities before receiving services or as soon as possible after receiving services and to be informed of changes or revisions by the person providing services. The provider must post the Statement in a conspicuous location.

Their rights may be restricted only to the extent necessary to protect them or another person from danger or harm or to protect a right of another resident, particularly those relating to privacy and confidentiality.

These described rights are cumulative of other rights or remedies to which an elderly individual may be entitled under law.

Chapter 102, Human Resources Code and Nursing Facility Requirements for Licensure and Medicaid Certification

*Texas Department of Human Services has determined that the rights listed on this poster apply to all residents of licensed Texas nursing facilities, regardless of age or disability.

Information provided as a public service by the Texas Dept on Aging Ombudsman Program 1-800-252-2412

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