Code including:(a) odeincluding: (a)
An elderly individual Anelderly individual hasalltherights, benefits, has all the rights, benefits, responsibilities, and responsibilities, and privileges granted by theconstitution granted by and laws of this the constitutionandlawsof this state and the United state andthe United States, States,eexcept xcept wherelawfully Theelderlyindividual restricted.The where lawfullyrestricted. has elderly individual has righttotobe theright the befree of free of interference, andreprisal coercion, discrimination,and interference, coercion, in exercisingthese reprisalinexercising civilrights. these civil rights. C (b) elderly individualhhas An elderlyindividual (b) An astheright the rightto betreatedwithdignityand tobe treated with dignity andrespect forthe respect for the
personal iintegrity personal ntegrityof of the individual,without the individual, regard to race, without regardto religion,national race, religion, national origin, origin, ssex, age, disability, ex,age, marital tatus,oorr source disability, maritalsstatus, of payment.This source of payment. Thismeans that means that the elderlyindividual:(1) has the rightto makethe individual's ownchoices the elderly individual: (1) has the right to make the individual's own choices regarding individual'spersonalaffairs, care,benefits, and services;(2)hasthe regarding the the individual's personal affairs,care, benefits, and services; (2) has the um.Resource Codes right right to befreefromabuse,neglect,andexploitation. ..Tex.H to be free from abuse, neglect, and exploitation...Tex. Hum. Resource Code s 102.003. Clearly,thisStatutehasbeenrepeatedly violatedwithrespecttoRuby. 102.003. Clearly, this Statute has been repeatedly violated with respect to Ruby. 70 Plaintiffs, as next Plaintiffs, as friendsof Ruby,claimallof her rightsundertheTexas next friends of Ruby, claim all of her rights under the Texas Code 19.401,et seq., which Administrative Administrative Code 19.401, etseq., guaranteesthe elderlywiththei which guarantees the elderly with the uninhibitedrightto free andegressoftheirfacilitiesinwhichtheyreside, uninhibited right to free access access and egress of their facilities in which they reside, thatanelderlypatient's mandating bynotinterfering privacyrightsberespected mandating that an elderly patient's privacy rights be respected by not interfering in anymanner withtheirreceiptof unopened mail,telephone calls,privatemeeting any manner with their receipt of unopened mail, telephone calls, private meeting
Silverado Appx. 0190 No. 1-15-586-CV 3226 areas withtheirfamily. areas with their family. Section 19.401 states thefollowing 19.401 specificallystates the following
guarantees: guarantees:
a. The resident hastheright a. Theresident to exercise has the right to exercisehhis isrights as aresident rightsasa residentaatt thefacility the facilityand and
as a citizen asa citizen or resident ofthe or resident of the United United States. States.
b. The b. The resident resident hastheright obefree has the right tto be free ofinterference, coercion,discrimination, of interference,coercion,discrimination,or or
reprisal from from thefacility the facility inexercising in exercisinghisrights. his rights.
c. In c. In the case of the case of a residentaadjudged a resident djudgediincompetent ncompetent under the lawsof underthelaws oftheStateof the State of Texasby competentjurisdiction, of competent courtof Texas by aa court jurisdiction,the therightsof rights of the resident re the resident aare exercised exercisedby by the appointedunderTexaslaw toact person appointed under Texas lawto the person act on the resident`s on the resident's
behalf. d. The facilitymust comply d. The facility must complywith all applicableprovisionsof the Human with all applicable provisions of the Human ResourcesCode,Title 6, and Chapter102.An individual may ay not be denied Resources Code, Title 6, and Chapter 102. An individualm not be denied appropriate appropriatecareon thebasisof his race, religion, care on the basis