SECTION 554.402. Exercise of Rights

(a) The resident has the right to exercise the resident's rights as a resident at the facility and as a citizen or resident of the United States.

(b) The resident has the right to be free of interference, coercion, discrimination, or reprisal from the facility in exercising the resident's rights.

(c) In the case of a resident found to lack capacity under the laws of the State of Texas by a court of competent jurisdiction, the rights of the resident are exercised by the resident representative appointed under Texas law to act on the resident's behalf.

(d) The facility must comply with all applicable provisions of the Texas Human Resources Code, Title 6, Chapter 102. An individual may not be denied appropriate care on the basis of the individual's race, religion, color, national origin, sex, age, disability, marital status, or source of payment.

(e) The facility must allow the resident the right to observe the resident's religious beliefs. The facility must respect the religious beliefs of the resident in accordance with 42 United States Code §1396f.

(f) Competent adults may issue directives or durable powers of attorney for health care, subject to the requirements of §19.419 of this subchapter (relating to Advance Directives).

(g) In the case of a resident who has not been found to lack capacity by a state court, any legal surrogate designated in accordance with state law may exercise the resident's rights to the extent provided by state law.

Source Note: The provisions of this §554.402 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective July 1, 1996, 21 TexReg 4408; 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