26 Tex. Admin. Code § 554.406 - Free Choice
(a) Resident
rights. The resident has the right to:
(1)
choose and retain a personal attending physician, subject to that physician's
compliance with the facility's standard operating procedures for physician
practices in the facility;
(2) be
fully informed in advance about care and treatment and of any changes in that
care or treatment that may affect the resident's well-being; and
(3) participate in planning care and
treatment or changes in care and treatment, to the extent practicable. See
§ 554.419 of Title 40 (relating to Advance Directives).
(b) Licensed-only facilities. The
resident must be allowed complete freedom of choice to obtain pharmacy services
from any pharmacy that is qualified to perform the services. A facility must
not require residents to purchase pharmaceutical supplies or services from the
facility itself or from any particular vendor. The resident has the right to be
informed of prices before purchasing any pharmaceutical item or service from
the facility, except in an emergency.
(c) Additional requirements regarding freedom
of choice for Medicaid recipients. The recipient must be allowed complete
freedom of choice to obtain any Medicaid services from any institution, agency,
pharmacy, person, or organization that is qualified to perform the services,
unless the provider causes the facility to be out of compliance with the
requirements specified in this chapter.
(1) A
facility must not require recipients to purchase supplies or services,
including pharmaceutical supplies or services, from the facility itself or from
any particular vendor. The recipient has the right to be informed of prices
before purchasing any item or services from the facility, except in an
emergency.
(2) The facility must
furnish Medicaid recipients with complete information about available Medicaid
services, how to obtain these services, their rights to freely choose service
providers as specified in this subsection and the right to request a hearing
before HHSC if the right to freely choose providers has been abridged without
due process.
Notes
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