Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 368 - INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (IDD) HABILITATIVE SPECIALIZED SERVICES
Subchapter D - SERVICE PROVIDER AGENCY REQUIREMENTS
Section 368.403 - Rights of Designated Residents
Universal Citation: 26 TX Admin Code § 368.403
Current through Reg. 50, No. 13; March 28, 2025
(a) The service provider agency must assist the designated resident or LAR in exercising the same rights and responsibilities exercised by people without disabilities.
(b) The service provider agency must protect and promote the following rights of the designated resident:
(1) to be informed of requirements
for participation as described in §
368.601(c) of
this chapter (relating to Termination and Suspension of IHSS);
(2) to be informed of the designated
resident's plan of care and implementation plan, including any restrictions
affecting the designated resident's rights;
(3) to participate in decisions and be
informed of the reasons for decisions regarding plans for initiation, transfer,
denial, suspension, or termination of IHSS;
(4) to be informed about the designated
resident's own physical and behavioral health and related progress;
(5) to be informed of the name and
qualifications of any individual providing services for the designated resident
and to choose among various available individual service providers;
(6) to receive visitors without prior notice
to the service provider agency unless such rights are contraindicated by the
designated resident's rights or the rights of others;
(7) to have privacy in visitation with family
and other visitors;
(8) to make and
receive telephone calls;
(9) to
attend religious activities of choice;
(10) to participate in developing a
transition plan that addresses assistance for the designated resident after he
or she leaves the NF;
(11) to be
free from the use of unauthorized restraints;
(12) to have a personalized plan of care and
implementation plan, based on individualized assessments, that meet the
designated resident's needs and abilities and enhance the designated resident's
strengths;
(13) to help decide what
the implementation plan will be;
(14) to be informed as to the progress or
lack of progress being made in the execution of the implementation
plan;
(15) to complain at any time
to a staff member, individual service provider, volunteer, controlling person,
ombudsman or a representative of the designated protection and advocacy system
in the state for individuals with mental illness or individuals with
IDD;
(16) to receive appropriate
support and encouragement from a staff member, individual service provider,
volunteer, or controlling person if the designated resident dislikes or
disagrees with the services being rendered or thinks that his or her rights are
being violated;
(17) to be free
from abuse, neglect, or exploitation;
(18) to have service providers who are
responsive to the designated resident;
(19) to have privacy during services and care
of personal needs;
(20) to
communicate, associate, and meet privately with individuals of his or her
choice, unless this violates the rights of another individual;
(21) to participate in social, recreational,
and community group activities;
(22) to have his or her LAR involved in
activities, including:
(A) being informed of
all rights and responsibilities when the designated resident is receiving IHSS
from the service provider agency, as well as any changes in rights or
responsibilities before they become effective;
(B) participating in the planning for IHSS;
and
(C) advocating for all rights
of the designated resident;
(23) to be informed of the designated
resident's option to transfer to other service provider agencies as chosen by
the designated resident or LAR as often as desired;
(24) to complain to HHSC when the service
provider agency's resolution of a complaint is unsatisfactory to the designated
resident or LAR, and to be informed of the HHSC Complaint and Incident Intake
telephone number to initiate complaints; and
(25) to be free from the use of
seclusion.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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