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

Current through Reg. 49, No. 28; July 12, 2024
(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.