Full Definition

Residents of Texas nursing facilities and assisted living communities have significant legally protected rights established under both federal law (for nursing facilities covered by Medicare and Medicaid) and Texas state law. Understanding these rights is essential for families advocating for a loved one’s care.

Core resident rights include: the right to be treated with dignity and respect; the right to privacy in personal care, communications, and medical information; the right to make decisions about one’s own care, including the right to refuse treatment; the right to be informed about one’s condition, treatment, and care plan; the right to participate in care planning; the right to voice grievances without fear of retaliation; and the right to be free from abuse, neglect, and exploitation.

Discharge and transfer rights are particularly important. Facilities cannot discharge a resident without proper notice and documentation of a valid reason (medical necessity, failure to pay, danger to others, or facility closure). A resident has the right to appeal a discharge decision and to an advocate’s assistance in doing so.

If a family believes a loved one’s rights are being violated, the Texas Long-Term Care Ombudsman can investigate and advocate. Serious violations — particularly abuse or neglect — can also be reported to HHSC and Adult Protective Services.