CHAPTER 102. RIGHTS OF THE ELDERLY
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.