Texas 2023 - 88th Regular

Texas House Bill HB2849 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R10812 MPF-D
2	2	By: Plesa H.B. No. 2849
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to information about available free or low-cost cellular
8	8	telephones and free or low-cost cellular telephone service plans
9	9	provided to residents of certain nursing and assisted living
10	10	facilities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 242.501(a), Health and Safety Code, is
13	13	amended to read as follows:
14	14	(a) The executive commissioner by rule shall adopt a
15	15	statement of the rights of a resident. The statement must be
16	16	consistent with Chapter 102, Human Resources Code, but shall
17	17	reflect the unique circumstances of a resident at an
18	18	institution. At a minimum, the statement of the rights of a
19	19	resident must address the resident's constitutional, civil, and
20	20	legal rights and the resident's right:
21	21	(1) to be free from abuse and exploitation;
22	22	(2) to safe, decent, and clean conditions;
23	23	(3) to be treated with courtesy, consideration, and
24	24	respect;
25	25	(4) to not be subjected to discrimination based on
26	26	age, race, religion, sex, nationality, or disability and to
27	27	practice the resident's own religious beliefs;
28	28	(5) to place in the resident's room an electronic
29	29	monitoring device that is owned and operated by the resident or
30	30	provided by the resident's guardian or legal representative;
31	31	(6) to privacy, including privacy during visits and
32	32	telephone calls;
33	33	(7) to complain about the institution and to organize
34	34	or participate in any program that presents residents' concerns to
35	35	the administrator of the institution;
36	36	(8) to have information about the resident in the
37	37	possession of the institution maintained as confidential;
38	38	(9) to retain the services of a physician the resident
39	39	chooses, at the resident's own expense or through a health care
40	40	plan, and to have a physician explain to the resident, in language
41	41	that the resident understands, the resident's complete medical
42	42	condition, the recommended treatment, and the expected results of
43	43	the treatment, including reasonably expected effects, side
44	44	effects, and risks associated with psychoactive medications;
45	45	(10) to participate in developing a plan of care, to
46	46	refuse treatment, and to refuse to participate in experimental
47	47	research;
48	48	(11) to a written statement or admission agreement
49	49	describing the services provided by the institution and the related
50	50	charges;
51	51	(12) to manage the resident's own finances or to
52	52	delegate that responsibility to another person;
53	53	(13) to access money and property that the resident
54	54	has deposited with the institution and to an accounting of the
55	55	resident's money and property that are deposited with the
56	56	institution and of all financial transactions made with or on
57	57	behalf of the resident;
58	58	(14) to keep and use personal property, secure from
59	59	theft or loss;
60	60	(15) to not be relocated within the institution,
61	61	except in accordance with standards adopted under Section 242.403;
62	62	(16) to receive visitors;
63	63	(17) to receive unopened mail and to receive
64	64	assistance in reading or writing correspondence;
65	65	(18) to participate in activities inside and outside
66	66	the institution;
67	67	(19) to wear the resident's own clothes;
68	68	(20) to discharge himself or herself from the
69	69	institution unless the resident is an adjudicated mental
70	70	incompetent;
71	71	(21) to not be discharged from the institution except
72	72	as provided in the standards adopted under Section 242.403;
73	73	(22) to be free from any physical or chemical
74	74	restraints imposed for the purposes of discipline or convenience,
75	75	and not required to treat the resident's medical symptoms; [and]
76	76	(23) to receive information about prescribed
77	77	psychoactive medication from the person prescribing the medication
78	78	or that person's designee, to have any psychoactive medications
79	79	prescribed and administered in a responsible manner, as mandated by
80	80	Section 242.505, and to refuse to consent to the prescription of
81	81	psychoactive medications; and
82	82	(24) to receive information, at the time of admission
83	83	and annually following admission, about available programs
84	84	providing free or low-cost cellular telephones and free or low-cost
85	85	cellular telephone service plans to qualifying residents.
86	86	SECTION 2. Section 247.064(b), Health and Safety Code, is
87	87	amended to read as follows:
88	88	(b) The residents' bill of rights must provide that each
89	89	resident in the assisted living facility has the right to:
90	90	(1) manage the resident's financial affairs;
91	91	(2) determine the resident's dress, hair style, or
92	92	other personal effects according to individual preference, except
93	93	that the resident has the responsibility to maintain personal
94	94	hygiene;
95	95	(3) retain and use personal property in the resident's
96	96	immediate living quarters and to have an individual locked cabinet
97	97	in which to keep personal property;
98	98	(4) receive and send unopened mail;
99	99	(5) unaccompanied access to a telephone at a
100	100	reasonable hour or in case of an emergency or personal crisis;
101	101	(6) privacy;
102	102	(7) unrestricted communication, including personal
103	103	visitation with any person of the resident's choice, at any
104	104	reasonable hour, including family members and representatives of
105	105	advocacy groups and community service organizations;
106	106	(8) make contacts with the community and to achieve
107	107	the highest level of independence, autonomy, and interaction with
108	108	the community of which the resident is capable;
109	109	(9) present grievances on behalf of the resident or
110	110	others to the operator, state agencies, or other persons without
111	111	threat of reprisal in any manner;
112	112	(10) a safe and decent living environment and
113	113	considerate and respectful care that recognizes the dignity and
114	114	individuality of the resident;
115	115	(11) refuse to perform services for the facility,
116	116	except as contracted for by the resident and operator;
117	117	(12) practice the religion of the resident's choice;
118	118	(13) leave the facility temporarily or permanently,
119	119	subject to contractual or financial obligations; [and]
120	120	(14) receive information, at the time of admission and
121	121	annually following admission, about available programs providing
122	122	free or low-cost cellular telephones and free or low-cost cellular
123	123	telephone service plans to qualifying residents; and
124	124	(15) not be deprived of any constitutional, civil, or
125	125	legal right solely by reason of residence in an assisted living
126	126	facility.
127	127	SECTION 3. As soon as practicable after the effective date
128	128	of this Act, the executive commissioner of the Health and Human
129	129	Services Commission shall adopt the rules necessary to implement
130	130	the changes in law made by this Act.
131	131	SECTION 4. This Act takes effect September 1, 2023.