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

Current through Reg. 49, No. 28; July 12, 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.
(c) A center must:
(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
(C)
					 charges that the adult minor or minor's parent may have to pay;
(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.