A facility must ensure that all adult clients receiving services provided by the facility are guaranteed the following rights.
  (1) The facility must ensure that the facility's policies and procedures:
    (A) enable a client to exercise his or her rights;
    (B) promote the highest practicable quality of life for all clients and not deliberately or inadvertently prohibit a client from exercising the rights stated in this section or the rights of citizenship; and
    (C) ensure that a client, in exercising his or her rights, does not impede the rights of others in the facility.
  (2) The facility must ensure a listing of client rights is:
    (A) provided in writing to each client or client's responsible party; and
    (B) posted in English and Spanish in a prominent place in the facility accessible by clients and visitors.
  (3) A client has all the rights, benefits, responsibilities, and privileges stated in the Constitution and laws of this state and the United States, except where lawfully restricted.
  (4) A client has the right to be free of interference, coercion, discrimination, and reprisal in exercising his or her civil rights. Examples of interference, coercion, discrimination, and reprisal include:
    (A) prohibiting a client from selecting the client's responsible party of the client's choice;
    (B) intimidating a client to provide information about a private conversation with another person;
    (C) not allowing a client to use the client's private property, such as durable medical equipment, recreational items, and assistive devices;
    (D) not allowing a client to visit with an individual of the client's choice, unless the individual poses a threat to the health and safety of the client, other clients, or staff;
    (E) discharging a client for filing a complaint or grievance; and
    (F) using derogatory language to describe or address a client.
  (5) A client has the right to be free from physical and mental abuse, including corporal punishment, physical restraints and seclusion, and chemical restraints that are administered for the purpose of discipline or convenience and not required to treat the client's medical symptoms.
  (6) A client has the right to participate in activities of social, religious, and community groups unless the participation interferes with the rights of others.
  (7) A client has the right to practice the religion of the client's choice or to abstain from religious activities.
  (8) A client with an intellectual disability and who is represented by a court-appointed guardian may participate in a behavior modification program that involves the use of restraints or adverse stimuli only with the informed consent of the guardian.
  (9) A client has the right to be treated with respect, courtesy, consideration, and recognition of his or her dignity and individuality, without regard to race, religion, national origin, sex, age, disability, marital status, or source of payment. This means that the client:
    (A) has the right to make individualized choices regarding personal affairs, care, benefits, schedules and activities, and services;
    (B) has the right to be free from abuse, neglect, and exploitation;
    (C) has the right, if protective measures are required and the client has not been adjudicated cognitively impaired, to designate a guardian or representative to ensure the right to quality stewardship of the client's affairs; and
    (D) has the right to protection of the client's personal image. A facility employee must not share or post to the internet or social media any photographs or video of a client without the client's written consent.
  (10) A client has the right to a safe and clean environment that:
    (A) is free of pests;
    (B) is free of electrical and structural hazards; and
    (C) has clean bathrooms and client areas.
  (11) A client has the right to communicate with staff and others in the client's native language for the purpose of acquiring or providing any type of treatment, care, or services.
  (12) A client has the right to make a complaint about the client's care or treatment.
    (A) A client's complaint may be made anonymously or communicated by a person designated by the client.
    (B) The facility must promptly respond to resolve each client complaint.
    (C) The facility must not discriminate or take other punitive action against a client who makes a complaint.
    (D) The facility must not impede a client's right to make a formal complaint to HHSC or require that complaints be made to the facility prior to lodging a formal complaint with HHSC.
  (13) The facility must ensure a client is given personal privacy while attending to personal needs.
  (14) A client has the right to review and obtain copies of the client's records in accordance with §559.75 of this subchapter (relating to Client Records).
  (15) A client has the right to be fully informed in advance about treatment, care, and services provided by the facility.
  (16) A client has the right to participate in developing his or her individual plan of care that describes the client's DAHS needs and how the needs will be met.
  (17) A client has the right to refuse medical treatment or services. The facility must ensure the client is advised by the person providing treatment or services of the possible consequences of refusing treatment or services.
  (18) A client has the right to refuse to perform services for the facility, except as contracted for by the client and director.
  (19) A client has the right to be informed by the provider, no later than the 30th day after admission:
    (A) whether the client is entitled to benefits under Medicare or Medicaid related to DAHS services; and
    (B) which items and services are covered by these benefits, including items or services for which the client may not be charged.
  (20) A client has the right to execute an advance directive, under Texas Health and Safety Code, Chapter 166, or designate a guardian in advance of need to make decisions regarding the client's health care should the client become incapacitated.

Source Note: The provisions of this §559.52 adopted to be effective July 10, 2024, 49 TexReg 4909