Regulations for Assisted Living in Texas

Your Bill of Rights

Within the Texas law there is a Residents Bill of Rights for residents of assisted living facilities. By law this bill of rights must be posted in a visible area of the facility, as published by the state and printed in the native language of each resident. The bill of rights is meant to explain the fundamental rights of each resident granted by the state and federal government.

Within the bill the most important rights of a patient are their constitutional rights. The bill states that "a resident has all the rights, benefits, responsibilities, and privileges granted by the constitution and laws of this state and the United States, except where lawfully restricted." It adds that residents cannot be subject to discrimination, reprisal or coercion by staff or others when exercising their civil rights.

Entering an assisted living facility does not mean that any financial rights have been lost. Texas law states that all assisted living residents are entitled to manage their own financial affairs. Yet, they can choose other options if they are unable to manage their finances. Some of these option include using a money management program, a representative payee program, a trust or a financial power of attorney. A key within the bill is that if an assisted living facility is allowed to make financial transactions in behalf of the resident, the resident or resident's representative is to be given an accounting of all transactions upon request and at least quarterly.

Privacy is paramount for many residents who wish to keep a semi-independent lifestyle. The Texas Bill of Rights also states that all residents are allowed to privacy when talking on the telephone during reasonable hours and in cases of emergency. They are also entitled to have privacy for personal needs such as bathrooms and for receiving visitors. Further should a couple be married and they have the right by law to share the same room if the spouse is also using the same services. Other rights include being able to receive unopened mail and keeping their residential and medical records private.

Above all, a resident is entitled to be free of physical or mental abuse. The state prohibits abuses such as physical or chemical restraints that are used to discipline patients or for the caretakers convenience that are not required to treat a medical symptom. Restraints can only be used if authorized by a licensed physician or in the case of emergency to protect a care taker or other residents.