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Residents’ Rights

Residents' Rights

The Federal Nursing Home Reform Act (OBRA ’87) created a set of national standards of care and Residents Rights for people living in certified nursing facilities. In the State of Texas, nursing home residents have the right to:

  • Be treated with respect, dignity and consideration.  

  • Exercise their rights and civil liberties as a resident of Texas and citizen of the United States and observe their religious beliefs.

  • Confidentiality of personal and clinical records.  

  • Be informed of their medical condition and participate in treatment planning.  

  • Plan activities in the facility.  

  • Choose their own attending physician and the source of pharmacy service.  

  • Be free from mental, physical, or verbal abuse and chemical and physical restraints.

  • Associate and communicate in privacy, including visits with anyone of their choice in or outside of the facility, mail and telephone services, participation in resident council activities, access to their records and access to state inspection reports.  

  • Be told of services provide by Medicaid or Medicare and informed of other items or services and their respective costs for which they may be charged.  

  • Not be transferred or discharged without cause or notice.  

  • Be treated without discrimination regardless of source of payment.  

  • Make complaints and express grievances without fear of discrimination or reprisal.

  • Manage personal and financial affairs and make choices and independent decisions.  

  • Issue advance directives, including directive to physician, medical power of attorney, and out-of-hospital do-not-resuscitate.  

For more information, please visit www.dads.state.tx.us/news_info/publications/handbooks/index.html