Laws & Requirements on Nursing Homes in Texas

16 Jan Laws & Requirements on Nursing Homes in Texas

What rules and regulations are nursing homes legally required follow?

There comes a time when an individual reaches a certain age in life, when assistance is needed. As it is likely a new realm for most people, questions arise about what requirements nursing homes must follow in the state of Texas.  Believe it or not, there are multiple requirements that nursing homes must follow, and numerous rights that belong to people 60 years of age and older.

These laws and regulations, required by the state, are to protect the rights, well-being and security of the elderly from neglect and abuse.  The Nursing Home Reform Act passed in 1987, states that nursing homes, “must provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident in accordance with a written plan of care”.  This law, when followed by standard regulations, would then qualify the nursing home for Medicare and Medicaid.  The standard regulation can be seen in detail at http://www.dads.state.tx.us/providers/NF/rules.html, and recent changes can be seen in detail at http://www.hpm.umn.edu/nhregsplus/NHRegs_by_State/Texas/Texas.html.

In addition to the federal requirements a nursing home must follow in Texas, there are certain rights that someone over the age of 60 is entitled to; rights of which they may not be aware.  Pertaining to obvious protection from all civil rights stated in the U.S. Constitution, elderly individuals have the right to be treated with dignity and respect for the personal integrity of the individual, without regard to race, religion, national origin, sex, age, disability, marital status, or source of payment.  This statement in turn grants individual rights for a person to make their own choices regarding personal affairs, care, benefits and services.

These individuals are also entitled to the right to be free from abuse, neglect, exploitation, and if protection measures are required, has the right to designate a representative to ensure the right to quality stewardship of the individual’s affairs.  Additionally, any individual with residence in a nursing home should be allowed to express preferences about food, sleeping and waking times, private personal care, and respected with dignity.

An Ongoing Problem

Abusive treatment of nursing home residents has been an ongoing problem that the government is determined to eliminate.  Nursing home abuse can include (but is not limited to) involuntary seclusion, intimidation, humiliation, harassment, threats of punishment, deprivation, hitting, slapping, pinching, kicking, any type of corporal punishment, any sexual contact, sexual harassment, verbal abuse, or any oral, written, or gestured derogatory terms.

In managing finances, elderly people have the same right as anyone else to receive, spend, invest, save or give their money away, unless they have handed control of their assets over to another.  For any other questions regarding rights and regulations for persons who feel they have been wrongfully treated at a nursing home, please refer to the prior stated websites listing details of rules and state laws.  If you or someone you love has been injured, mistreated or wronged at a retirement home or nursing home, please contact our attorneys right away.