Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES › Division 4 - PROVISION AND COORDINATION OF TREATMENT SERVICES › Section 558.282 - Client Conduct and Responsibility and Client Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency must adopt and enforce a
					 written policy governing client conduct and responsibility and client rights,
					 in accordance with this section. The written policy must include a grievance
					 mechanism under which a client can participate without fear of
					 reprisal.
(b) An agency must
					 protect and promote the rights of all clients.
(c) An agency must comply with the provisions
					 of the Texas Human Resources Code Chapter 102, which applies to a client 60
					 years of age or older.
(d) At the
					 time of admission, an agency must provide a client who receives licensed home
					 health services, licensed and certified home health services, hospice services,
					 or personal assistance services, with a written statement that informs the
					 client that a complaint against the agency may be directed to HHSC Complaint
					 and Incident Intake, P.O. Box 149030, Austin, Texas 78714-9030, toll free
					 1-800-458-9858. The statement also may inform the client that a complaint
					 against the agency may be directed to the administrator of the agency. The
					 statement about complaints directed to the administrator also must include the
					 time frame in which the agency reviews and resolves a complaint.
(e) In advance of furnishing care to a
					 client, or during the initial evaluation visit before the initiation of
					 treatment, an agency must provide the client, or their legal representative,
					 with a written notice of all policies governing client conduct and
					 responsibility and client rights.
(f) A client has the following rights:
(1) A client has the right to be informed in
					 advance about the care to be furnished, the plan of care, expected outcomes,
					 barriers to treatment, and any changes in the care to be furnished. The agency
					 must ensure that written informed consent, specifying the type of care and
					 services that may be provided by the agency, has been obtained for every
					 client, either from the client or their legal representative. The client or the
					 legal representative must sign or mark the consent form.
(2) A client has the right to participate in
					 planning the care or treatment and in planning a change in the care or
					 treatment.
(A) An agency must advise or
					 consult with the client or legal representative in advance of any change in the
					 care or treatment.
(B) A client has
					 the right to refuse care and services.
(C) A client has the right to be informed,
					 before care is initiated, of the extent to which payment may be expected from
					 the client, a third-party payer, and any other source of funding known to the
					 agency.
(3) A client has
					 the right to have assistance in understanding and exercising the client's
					 rights. The agency must maintain documentation showing that it has complied
					 with the requirements of this paragraph and that the client demonstrates
					 understanding of the client's rights.
(4) A client has the right to exercise rights
					 as a client of the agency.
(5) A
					 client has the right to have the client's person and property treated with
					 consideration, respect, and full recognition of the client's individuality and
					 personal needs.
(6) A client has
					 the right to be free from abuse, neglect, and exploitation by an agency
					 employee, volunteer, or contractor.
(7) A client has the right to confidential
					 treatment of the client's personal and medical records.
(8) A client has the right to voice
					 grievances regarding treatment or care that is, or fails to be, furnished, or
					 regarding the lack of respect for property by anyone who is furnishing services
					 on behalf of the agency, and they must not be subjected to discrimination or
					 reprisal for doing so.