SECTION 554.401. Introduction

(a) The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident.

(b) HHSC adopts by reference as a requirement for obtaining a license under Texas Health and Safety Code Chapter 242 the Centers for Medicare and Medicaid Services rule regarding resident rights, 42 CFR §483.10, adopted to be effective November 28, 2016. The adopted rule was published in the October 4, 2016, issue of the Federal Register (81 Fed. Reg. 68688, 68849).

(c) HHSC has developed the following statement of the rights of a resident.

Attached Graphic

(d) The facility must give a copy of the Statement of Resident Rights to each resident, next of kin or guardian, and facility staff member. The facility must maintain a copy of the statement, signed by the resident or the resident's next of kin or guardian, in the facility records.

(e) The Statement of Resident Rights must be posted in accordance with §19.1921 of this chapter (relating to General Requirements for a Nursing Facility).

Source Note: The provisions of this §554.401 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective March 1, 1998, 23 TexReg 1314; amended to be effective July 1, 2002, 27 TexReg 4362; amended to be effective March 24, 2020, 45 TexReg 2025; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871