Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
Subchapter C - GENERAL PROVISIONS
Division 8 - RIGHTS AND RESPONSIBILITIES, ADVANCE DIRECTIVES, ABUSE, NEGLECT, AND EXPLOITATION, INVESTIGATIONS, DEATH REPORTING, AND INSPECTION RESULTS
Section 550.901 - Rights and Responsibilities

Universal Citation: 26 TX Admin Code § 550.901

Current through Reg. 49, No. 38; September 20, 2024

(a) A center must adopt and enforce written policies to ensure a minor's legal rights are observed and protected and to ensure compliance with this section. The policies must comply with relevant law and ensure that the center considers a minor's age and legal status, including whether a guardian has been appointed or the disabilities of minority have been removed, to determine a minor's or other individual's authority to make decisions for the minor.

(b) Before providing services to a minor, a center must provide an adult minor and a minor's parent with oral and written notification of the requirements of this section in a language and format that the minor and parent understand. The center must obtain the signature of the adult minor and minor's parent to confirm that the individual received the notice.

(1) ensure that a minor is free from abuse, neglect, and exploitation at the center, as described in § 550.903 of this division (relating to Abuse, Neglect, or Exploitation Reportable to DADS);

(2) inform a minor and a minor's parent of the center's policy for reporting abuse, neglect, or exploitation of a minor;

(3) ensure that a minor and the minor's property is treated with respect;

(4) at the time of admission, inform an adult minor and a minor's parent, orally and in a written statement, that a complaint or question about the center may be directed to the Department of Aging and Disability Services, DADS Consumer Rights and Services Division, P.O. Box 149030, Austin, Texas 78714-9030, toll free 1-800-458-9858;

(5) at the time of admission, inform an adult minor and a minor's parent, orally and in a written statement, that:

(A) states that complaints about services at the center may be directed to the administrator who will address them promptly;

(B) provides the time frame in which a center must review and resolve the complaint as described in § 550.904 of this division (relating to Investigations of a Complaint and Grievance); and

(C) does not include a statement that a complaint must be made to the center administrator before directing a complaint to DADS;

(6) ensure that a minor is not subjected to unlawful discrimination or retaliation;

(7) ensure that a minor is treated appropriate to his or her age and developmental status;

(8) ensure that a minor is allowed to interact with other minors, including through planned and spontaneous active play, respective to a minor's condition and physician orders;

(9) ensure that an adult minor and a minor's parent are informed in advance about the services to be provided, including:

(A) staff who will provide the services and the proposed frequency of each service;

(B) any change in the plan of care before the change is made, except when a delay based on notification would compromise the health and safety of a minor;

(10) ensure that an adult minor and a minor's parent are informed of the expected outcomes of services and any specific limitations or barriers to services;

(11) ensure that an adult minor and a minor's parent are allowed and encouraged to participate in planning services and in planning changes to services and that the adult minor and the minor's parent consented to the changes before the changes are made, except when a delay based on participation in planning or obtaining consent would compromise the immediate health and safety of a minor;

(12) ensure that an adult minor and a minor's parent are informed of the center's policies on implementing an advance directive in accordance with § 550.902 of this division (relating to Advance Directives) and to receive information about executing an advance directive;

(13) ensure that an adult minor and a minor's parent are allowed to refuse services;

(14) ensure that minor's medical record is kept confidential and an adult minor and a minor's parent are informed of the center's policies and procedures regarding disclosure of medical records;

(15) ensure that an adult minor and a minor's parent are informed, before care is provided, of the:

(A) extent to which payment for the center's services may be expected from Medicaid, or any other federally funded or aided program known to the center, or any other third-party payment source;

(B) charges for services not covered by a third-party payment source; and

(16) inform an adult minor and a minor's parent of any changes in the information provided in accordance with paragraph (15) of this subsection as soon as possible after changes occur, but no later than 30 days after the date the center becomes aware of the change;

(17) inform an adult minor and a minor's parent of the availability of other programs, including day care, early intervention programs, or school; and

(18) ensure that an adult minor and a minor's parent are allowed to convene or participate in a council or support group for individuals receiving services at the center.

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