CHAPTER 102. RIGHTS OF THE ELDERLY - Texas Statutes

HUMAN RESOURCES CODE

TITLE 6. SERVICES FOR THE ELDERLY

CHAPTER 102. RIGHTS OF THE ELDERLY

Sec. 102.001. DEFINITIONS. In this chapter:

(1) "Convalescent and nursing home" means an institution

licensed by the Texas Department of Human Services under Chapter

242, Health and Safety Code.

(2) "Home health services" means the provision of health service

for pay or other consideration in a patient's residence regulated

under Chapter 142, Health and Safety Code.

(3) "Alternate care" means services provided within an elderly

individual's own home, neighborhood, or community, including:

(A) day care;

(B) foster care;

(C) alternative living plans, including personal care services;

and

(D) supportive living services, including attendant care,

residential repair, or emergency response services.

(4) "Person providing services" means an individual,

corporation, association, partnership, or other private or public

entity providing convalescent and nursing home services, home

health services, or alternate care services.

(5) "Elderly individual" means an individual 60 years of age or

older.

Added by Acts 1983, 68th Leg., p. 5159, ch. 936, Sec. 1, eff.

Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 264, Sec. 25,

eff. Aug. 26, 1985; Acts 1991, 72nd Leg., ch. 14, Sec. 284(20),

(30), eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 76, Sec.

8.101, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 475, Sec. 1,

eff. Sept. 1, 1997.

Sec. 102.002. PROHIBITION. (a) A person providing services to

the elderly may not deny an elderly individual a right guaranteed

by this chapter.

(b) Each agency that licenses, registers, or certifies a person

providing services shall require the person to implement and

enforce this chapter. A violation of this chapter is grounds for

suspension or revocation of the license, registration, or

certification of a person providing services.

Added by Acts 1983, 68th Leg., p. 5159, ch. 936, Sec. 1, eff.

Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 264, Sec. 26,

eff. Aug. 26, 1985; Acts 1997, 75th Leg., ch. 475, Sec. 1, eff.

Sept. 1, 1997.

Sec. 102.003. RIGHTS OF THE ELDERLY. (a) An elderly individual

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 elderly individual

has the right to be free of interference, coercion,

discrimination, and reprisal in exercising these civil rights.

(b) An elderly individual has the right to be treated with

dignity and respect for the personal integrity of the individual,

without regard to race, religion, national origin, sex, age,

disability, marital status, or source of payment. This means that

the elderly individual:

(1) has the right to make the individual's own choices regarding

the individual's personal affairs, care, benefits, and services;

(2) has the right to be free from abuse, neglect, and

exploitation; and

(3) if protective measures are required, has the right to

designate a guardian or representative to ensure the right to

quality stewardship of the individual's affairs.

(c) An elderly individual has the right to be free from physical

and mental abuse, including corporal punishment or physical or

chemical restraints that are administered for the purpose of

discipline or convenience and not required to treat the

individual's medical symptoms. A person providing services 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 elderly individual 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.

(d) A mentally retarded elderly individual with a

court-appointed guardian of the person may participate in a

behavior modification program involving use of restraints or

adverse stimuli only with the informed consent of the guardian.

(e) An elderly individual may not be prohibited from

communicating in the individual's native language with other

individuals or employees for the purpose of acquiring or

providing any type of treatment, care, or services.

(f) An elderly individual may complain about the individual's

care or treatment. The complaint may be made anonymously or

communicated by a person designated by the elderly individual.

The person providing service shall promptly respond to resolve

the complaint. The person providing services may not discriminate

or take other punitive action against an elderly individual who

makes a complaint.

(g) An elderly individual is entitled to privacy while attending

to personal needs and a private place for receiving visitors or

associating with other individuals unless providing privacy would

infringe on the rights of other individuals. This right applies

to medical treatment, written communications, telephone

conversations, meeting with family, and access to resident

councils. An elderly person may send and receive unopened mail,

and the person providing services shall ensure that the

individual's mail is sent and delivered promptly. If an elderly

individual is married and the spouse is receiving similar

services, the couple may share a room.

(h) An elderly individual may participate in activities of

social, religious, or community groups unless the participation

interferes with the rights of other persons.

(i) An elderly individual may manage the individual's personal

financial affairs. The elderly individual may authorize in

writing another person to manage the individual's money. The

elderly individual may choose the manner in which the

individual's 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 individual may

choose the least restrictive of these methods. A person

designated to manage an elderly individual's money shall do so in

accordance with each applicable program policy, law, or rule. On

request of the elderly individual or the individual's

representative, the person designated to manage the elderly

individual's money shall make available the related financial

records and provide an accounting of the money. An elderly

individual's designation of another person to manage the

individual's money does not affect the individual's ability to

exercise another right described by this chapter. If an elderly

individual is unable to designate another person to manage the

individual's affairs and a guardian is designated by a court, the

guardian shall manage the individual's money in accordance with

the Probate Code and other applicable laws.

(j) An elderly individual is entitled to access to the

individual's personal and clinical records. These records are

confidential and may not be released without the elderly

individual's consent, except the records may be released:

(1) to another person providing services at the time the elderly

individual is transferred; or

(2) if the release is required by another law.

(k) A person providing services shall fully inform an elderly

individual, in language that the individual can understand, of

the individual's total medical condition and shall notify the

individual whenever there is a significant change in the person's

medical condition.

(l) An elderly individual may choose and retain a personal

physician and is entitled to be fully informed in advance about

treatment or care that may affect the individual's well-being.

(m) An elderly individual may participate in an individual plan

of care that describes the individual's medical, nursing, and

psychological needs and how the needs will be met.

(n) An elderly individual may refuse medical treatment after the

elderly individual:

(1) is advised by the person providing services of the possible

consequences of refusing treatment; and

(2) acknowledges that the individual clearly understands the

consequences of refusing treatment.

(o) An elderly individual may 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 individuals.

(p) An elderly individual may refuse to perform services for the

person providing services.

(q) Not later than the 30th day after the date the elderly

individual is admitted for service, a person providing services

shall inform the individual:

(1) whether the individual is entitled to benefits under

Medicare or Medicaid; and

(2) which items and services are covered by these benefits,

including items or services for which the elderly individual may

not be charged.

(r) A person providing services may not transfer or discharge an

elderly individual unless:

(1) the transfer is for the elderly individual's welfare, and

the individual's needs cannot be met by the person providing

services;

(2) the elderly individual's health is improved sufficiently so

that services are no longer needed;

(3) the elderly individual's health and safety or the health and

safety of another individual would be endangered if the transfer

or discharge was not made;

(4) the person providing services ceases to operate or to

participate in the program that reimburses the person providing

services for the elderly individual's treatment or care; or

(5) the elderly individual fails, after reasonable and

appropriate notices, to pay for services.

(s) Except in an emergency, a person providing services may not

transfer or discharge an elderly individual from a residential

facility until the 30th day after the date the person providing

services provides written notice to the elderly individual, the

individual's legal representative, or a member of the

individual's family stating:

(1) that the person providing services intends to transfer or to

discharge the elderly individual;

(2) the reason for the transfer or discharge listed in

Subsection (r);

(3) the effective date of the transfer or discharge;

(4) if the individual is to be transferred, the location to

which the individual will be transferred; and

(5) the individual's right to appeal the action and the person

to whom the appeal should be directed.

(t) An elderly individual may:

(1) make a living will by executing a directive under the

Natural Death Act (Chapter 672, Health and Safety Code);

(2) execute a durable power of attorney for health care under

Chapter 135, Civil Practice and Remedies Code; or

(3) designate a guardian in advance of need to make decisions

regarding the individual's health care should the individual

become incapacitated.

Added by Acts 1983, 68th Leg., p. 5159, ch. 936, Sec. 1, eff.

Sept. 1, 1983. Amended by Acts 1997, 75th Leg., ch. 475, Sec. 1,

eff. Sept. 1, 1997.

Sec. 102.004. LIST OF RIGHTS. (a) A person providing services

shall provide each elderly individual with a written list of the

individual's rights and responsibilities, including each

provision of Section 102.003, before providing services or as

soon after providing services as possible, and shall post the

list in a conspicuous location.

(b) A person providing services must inform an elderly

individual of changes or revisions in the list.

Added by Acts 1983, 68th Leg., p. 5159, ch. 936, Sec. 1, eff.

Sept. 1, 1983. Amended by Acts 1997, 75th Leg., ch. 475, Sec. 1,

eff. Sept. 1, 1997.

Sec. 102.005. RIGHTS CUMULATIVE. The rights described in this

chapter are cumulative of other rights or remedies to which an

elderly individual may be entitled under law.

Added by Acts 1997, 75th Leg., ch. 475, Sec. 1, eff. Sept. 1,

1997.