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Resident Bill of Rights in Assisted Living*
(1) Each assisted living
facility must post the resident's bill of rights, as
provided by the department, in a prominent place in the
facility and written in the primary language of each
resident. A copy of the Resident's Bill of Rights must be
given to each resident.
(2) A resident has all the rights, benefits,
responsibilities, and privileges granted by the constitution
and laws of this state and the United States, except where
lawfully restricted. The resident has the right to be free
of interference, coercion, discrimination, and reprisal in
exercising these civil rights.
(3) Each resident in the assisted living facility has the
right to: |
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(A) be free from physical and
mental abuse, including corporal punishment or physical and
chemical restraints that are administered for the purpose of
discipline or convenience and not required to treat the
resident's medical symptoms. A provider may use physical or
chemical restraints only if the use is authorized in writing
by a physician or the use is necessary in an emergency to
protect the resident or others from injury. A physician's
written authorization for the use of restraints must specify
the circumstances under which the restraints may be used and
the duration for which the restraints may be used. Except in
an emergency, restraints may only be administered by
qualified medical personnel;
(B) participate in activities of social, religious, or
community groups unless the participation interferes with
the rights of others;
(C) practice the religion of the resident's choice;
(D) if mentally retarded, with a court-appointed guardian of
the person, participate in a behavior modification program
involving use of restraints, consistent with subparagraph
(A) of this paragraph, or adverse stimuli only with the
informed consent of the guardian;
(E) be treated with respect, consideration, and recognition
of his or her dignity and individuality, without regard to
race, religion, national origin, sex, age, disability,
marital status, or source of payment. This means that the
resident: (i) has the right to make his/her own choices
regarding personal affairs, care, benefits, and services; |
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(ii) has the right to be free from abuse,
neglect, and exploitation; and
(iii) if protective measures are required, has the right to
designate a guardian or representative to ensure the right
to quality stewardship of his/her affairs; |
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(F) a safe and decent living
environment;
(G) not be prohibited from communicating in his or her
native language with other residents or employees for the
purpose of acquiring or providing any type of treatment,
care, or services;
(H) complain about the resident's care or treatment. The
complaint may be made anonymously or communicated by a
person designated by the resident. The provider must
promptly respond to resolve the complaint. The provider must
not discriminate or take other punitive action against a
resident who makes a complaint;
(I) receive and send unopened mail, and the provider must
ensure that the resident's mail is sent and delivered
promptly;
(J) unrestricted communication, including personal
visitation with any person of the resident's choice,
including family members and representatives of advocacy
groups and community service organizations, at any
reasonable hour;
(K) make contacts with the community and to achieve the
highest level of independence, autonomy, and interaction
with the community of which the resident is capable;
(L) manage his or her financial affairs. The resident may
authorize in writing another person to manage his/her money.
The resident may choose the manner in which his/her money is
managed, including a money management program, a
representative payee program, a financial power of attorney,
a trust, or a similar method, and the resident may choose
the least restrictive of these methods. The resident must be
given, upon request of the resident or the resident's
representative, but at least quarterly, an accounting of
financial transactions made on his or her behalf by the
facility should the facility accept his or her written
delegation of this responsibility to the facility in
conformance with state law;
(M) access the resident's records, which are confidential
and may not be released without the resident's consent,
except |
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(i) to another provider, if the resident
transfers residence; or
(ii) if the release is required by another law; |
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(N) choose and retain a personal
physician and to be fully informed in advance about
treatment or care that may affect the resident's well-being;
(O) participate in developing his/her individual service
plan that describes the resident's medical, nursing, and
psychological needs and how the needs will be met;
(P) be given the opportunity to refuse medical treatment or
services after the resident: |
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(i) is advised by the person providing
services of the possible consequences of refusing treatment
or services; and
(ii) acknowledges that he/she understands the consequences
of refusing treatment or services; |
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(Q) unaccompanied access to a
telephone at a reasonable hour or in case of an emergency or
personal crisis;
(R) privacy, while attending to personal needs and a private
place for receiving visitors or associating with other
residents, unless providing privacy would infringe on the
rights of other residents. This right applies to medical
treatment, written communications, telephone conversations,
meeting with family, and access to resident councils. If a
resident is married and the spouse is receiving similar
services, the couple may share a room;
(S) retain and use personal possessions, including clothing
and furnishings, as space permits. The number of personal
possessions may be limited for the health and safety of
other residents;
(T) determine his or her dress, hair style, or other
personal effects according to individual preference, except
the resident has the responsibility to maintain personal
hygiene;
(U) retain and use personal property in his or her immediate
living quarters and to have an individual locked area
(cabinet, closet, drawer, footlocker, etc.) in which to keep
personal property;
(V) refuse to perform services for the facility, except as
contracted for by the resident and operator;
(W) be informed by the provider no later than the 30th day
after admission: |
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(i) whether the resident is entitled to
benefits under Medicare or Medicaid; and
(ii) which items and services are covered by these benefits,
including items or services for which the resident may not
be charged; |
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(X) not be transferred or
discharged unless: |
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(i) the transfer is for the resident's
welfare, and the resident's needs cannot be met by the
facility;
(ii) the resident's health is improved sufficiently so that
services are no longer needed;
(iii) the resident's health and safety or the health and
safety of another resident would be endangered if the
transfer or discharge was not made;
(iv) the provider ceases to operate or to participate in the
program that reimburses for the resident's treatment or
care; or
(v) the resident fails, after reasonable and appropriate
notice, to pay for services; |
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(Y) not be transferred or
discharged, except in an emergency, until the 30th day after
the date the facility provides written notice to the
resident, the resident's legal representative, or a member
of the resident's family, stating: |
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(i) that the facility intends to transfer or
discharge the resident;
(ii) the reason for the transfer or discharge;
(iii) the effective date of the transfer or discharge;
(iv) if the resident is to be transferred, the location to
which the resident will be transferred; and
(v) any appeal rights available to the resident; |
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(Z) leave the facility
temporarily or permanently, subject to contractual or
financial obligations; |
*From: Texas Department of Aging and Disability
Services (DADS) Licensing Standards for Assisted Living Facilities
Subchapter A, §92.125
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