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TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 506 - SPECIAL CARE FACILITIES
SUBCHAPTER C - OPERATIONAL REQUIREMENTS
SECTION/RULE ยง506.33 - Resident Rights
Chapter Review Date 08/15/2024

(a) General. The facility shall promote and protect the rights of all residents. Policies that ensure resident rights shall be adopted, implemented and enforced. The policies shall include:(1) the right of the resident to considerate and respectful care:(A) the care of the resident includes consideration of the psychosocial, spiritual, and cultural variables that influence the perceptions of illness; and(B) the care of the dying resident optimizes the comfort and dignity of the patient;(2) the right of the patient, in collaboration with his or her physician, to make decisions involving his or her health care;(3) the right of the resident to formulate advance directives and to appoint a surrogate to make health care decisions on his or her behalf to the extent permitted by law:(A) a facility shall have in place a mechanism to ascertain the existence of, and, as appropriate, assist in the development of advance directives at the time of the resident's admission;(B) the provision of care shall not be conditioned on the existence of an advance directive; and(C) an advance directive(s) shall be in the resident's record and shall be reviewed periodically with the patient or surrogate decision maker if the patient has executed an advance directive;(4) the right of the resident, within the limits of law, to personal privacy and confidentiality of information;(5) the right to receive care in a safe setting:(A) all accidents, whether or not they result in injury, and any unusual incidents or abnormal events, including allegations of mistreatment of residents by staff, personnel, or visitors, shall be investigated by the facility; and(B) documentation shall be maintained in separate administrative records, to be filed in the facility director's office.(6) the right to have unlimited freedom to move to and from the facility;(7) the right to only be discharged from the facility for reasons specified in the admission policies and to have due notification;(8) the right to keep and maintain his or her personal belongings in his or her possession:(A) within 72 hours of admission, the facility must prepare a written inventory of the personal property a resident brings to the facility (inventory of the resident's clothing is not required);(B) if requested by the resident or responsible party, the inventory shall be updated; and(C) the facility shall have a mechanism to protect resident clothing.(9) the right to keep and maintain his or her own finances;(10) the right to participate in, or abstain from, religious observances;(11) the right to receive and send mail unopened and without undue delay; and(12) the right to receive visitors at reasonable hours, within reasonable limitations, as may be required by the facility in its operation policies.(b) Rights of the elderly. Rights of the elderly specified in Human Resources Code,