Legislation & Laws

Current Legislation

Regulation & Laws

Residents’ Rights

Legislation

FOR YOUR INFORMATION:
Find bills listed on the web site at http://www.legis.state.tx.us

Bills Passed and Sent to the Governor
HB52 - Author: Chavez
An increase in the personal needs allowance to $60 per month for Medicaid residents

HB921
Directing state agencies to develop data standards and a system for sharing client data between agencies that provide health/social services to improve quality and efficiency of care

SB10 - Author: Nelson
Medicaid reform bill relating to operation and financing of medical assistance and health care benefit programs to state residents, providing penalties

SB199 - Author: Nelson
Relating to certain convictions barring employment at certain facilities serving the elderly or persons with disabilities

Regulations & Laws

REMINDER: Check daily posting of nurse staffing!

Federal Regulation Sec. 483.30 - Nursing Services
Daily posting of nurse staffing requirements in nursing homes: The facility name, date, and total hours worked by the following categories of  licensed and unlicensed nursing staff responsible for resident care PER SHIFT: registered nurses, licensed practical nurses, and certified nurse aides include resident census. Data must be posted at the beginning of each shift as follows:

1. Must be clear, readable format in a prominent place that is accessible to residents and visitors.

2. Available public access to posted nursing staff. The facility must upon oral or written request make nursing staff data available to the public to review at a cost not to exceed community standard and the facility must maintain posting of daily nurse staffing for a minimum of 18 months or as required by state law or whichever is greater.

Families must check the “Daily Posting of Nurse Staffing” and verify that the number of nursing staff matches the number on the notices.

Residents’ Rights

The Residents’ Rights is a regulation in the Nursing Home Reform Law, passed by Congress in 1987, that states that a nursing facility must protect and promote the rights of the residents.  The resident has the right to a dignified existence and to services inside and outside the facility as a citizen of the United States.  Residents and families must be informed on the rights and regulations that govern nursing homes, orally and in a language they understand.

Summary of Residents’ Rights:

  • To choose their doctor and pharmacy
  • To choose their roommate
  • To be informed on services provided
  • To voice grievances and complaints without retaliation
  • To review and/or obtain copies of medical records
  • To inspect state survey reports
  • To be represented by family councils organized by families and friends on behalf of them
  • To be informed, by the facility, of the facility’s admission policy, extra expenses and description of the protection on person’s funds
  • To be informed on the transfer, discharge rights in a Medicaid facility