26 Tex. Admin. Code § 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
§
554.419 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.
Notes
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