Nursing Home Residents Rights in Texas

Nursing Home Residents’ Rights in Texas: A Complete Guide

Both federal and Texas state law guarantee specific rights for nursing home residents. Understanding these rights empowers families to advocate for quality care and take action when standards are not met.

Federal Residents Rights (Nursing Home Reform Act)

The federal Nursing Home Reform Act of 1987 guarantees these rights for all residents of Medicare/Medicaid-certified facilities:

• Right to dignity and respect – Free from abuse, neglect, and misappropriation of property
• Right to self-determination – Choose activities, schedules, and health care decisions
• Right to privacy and confidentiality – Private communications, personal records, and medical privacy
• Right to grievance – Voice complaints without fear of retaliation
• Right to visits – From family, friends, physicians, and ombudsman at any reasonable time
• Right to information – About facility services, charges, and rules
• Right to participate in care planning – Be informed of and involved in treatment decisions
• Right to refuse treatment – Including the right to stop treatment
• Right to manage financial affairs – Control personal funds and receive accounting

Texas-Specific Protections

Texas Health and Safety Code Chapter 242 provides additional protections:

• Right to a safe environment – Facilities must maintain safe physical conditions and implement infection control
• Right to be free from physical restraints – Used only when ordered by a physician for a limited time
• Right to retention of personal physician – Residents may keep their own doctor if the physician agrees
• Right to organize – Residents and family members may form councils
• Right to advance directives – Living wills, medical power of attorney, and DNR orders must be honored

How to File a Complaint in Texas

If you believe a nursing home is violating a resident rights:

1. Texas Health and Human Services Complaint Hotline: 1-800-458-9858 (available 24/7)
2. Online: File a complaint at hhs.texas.gov/complaints
3. Long-Term Care Ombudsman: 1-800-252-2412 – Independent advocates who investigate complaints
4. CMS Complaint: medicare.gov/care-compare to report quality concerns

Common Violations to Watch For

• Unexplained injuries, bruises, or falls
• Poor hygiene, untreated bedsores, or weight loss
• Over-medication or unnecessary use of antipsychotic drugs
• Staff refusing to allow family visits
• Unexplained charges or missing personal property
• Resident appearing fearful, withdrawn, or anxious around specific staff

What Happens After You File a Complaint

1. Intake: HHSC reviews the complaint within 2 business days
2. Investigation: An unannounced on-site investigation occurs within 10-45 days
3. Findings: The facility must correct all cited deficiencies within a specified timeline
4. Follow-up: HHSC conducts a follow-up visit to verify corrections
5. Enforcement: Facilities may face fines, admission holds, or termination from Medicare/Medicaid

Use our directory to find and compare nursing homes with strong CMS ratings in your Texas city.