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Aging Texans

Find information on state and federal laws supporting Older Texans with disabilities. The links for programs mentioned in statutes are listed under resources. Information on this page is not intended to be used as legal advice.

On this page:

Rights of the Elderly

Rights (Texas Human Resources Code, Section 102.003)
Informing of Rights (Texas Human Resources Code, Section 102.004)

  • Provides that Older Texans have all the rights, benefits, responsibilities, and privileges granted by the constitution and laws of the state and the United States, including the right to be free of interference, coercion, discrimination, and reprisal in exercising these civil rights. (a)
  • Guarantees Older Texans the right to be treated with dignity and respect for personal integrity of the individual, without regard to race, religion, national origin, sex, age, disability, marital status, or source of payment, including:
    • Making one's own choices regarding personal affairs, care, benefits, and services;
    • Being free from abuse, neglect, and exploitation; and
    • Designating a guardian or representative to ensure the right to quality stewardship of one's affairs.(b)
  • Prohibits physical and mental abuse and the use of physical and chemical restraints unless otherwise prescribed by a physician. Restraints may only be administered by qualified medical personnel. (c)
  • Allows Older Texans with intellectual disabilities, with a court-appointed guardian, to participate in a behavior modification program using restraints or adverse stimuli only with consent from the guardian. (d)
  • Prohibits preventing Older Texans from communicating in their native language with other individuals or employees for the purpose of acquiring or providing treatment, care, or services. (e)
  • Allows Older Texans to complain about their care or treatment. The complaint can be made anonymously or communicated by a designated person. The person providing the service is required to respond promptly to resolve the complaint. (f)
  • Entitles Older Texans to privacy while attending to personal needs and private places for receiving visitors or associating with others unless doing so would infringe on the rights of other individuals. (g)
  • Allows Older Texans to participate in activities of social, religious, or community groups unless it interferes with the rights of other persons. (h)
  • Provides Older Texans the opportunity to manage their own personal finances as well as authorizing, in writing, or making specifications for another person to manage their financial affairs.(i)
  • Entitles Older Texans the right to access their own personal and clinical records. (j)
  • Requires a person providing services to Older Texans to inform them in a language that they can understand about their total medical condition and to notify whenever there is a significant change. (k)
  • Guarantees the ability of Older Texans to choose a personal physician and participate in an individual plan of care that describes their medical, nursing, and psychological needs and how they will be met. (l&m)
  • Allows Older Texans to refuse medical treatment once they have been informed of possible consequences and acknowledges the consequences of refusing such treatment. (n)
  • Permits Older Texans the ability to retain and use personal possessions.(o)
  • Allows Older Texans to refuse to perform services for the person providing them with services.(p)
  • Ensures that Older Texans who are admitted for services are informed within 30 days about Medicare or Medicare and which items and services are covered by these benefits.(q)
  • Provides the specific instances in which a person providing services is allowed to transfer an Older Texan and requires 30 days of written notice to the Older Texan, legal representative, or a member of the family. (r&s)
  • Allows Older Texans to make living wills, execute a medical power of attorney, and designate a guardian in advance. (t)
  • Requires that persons providing services to Older Texans must provide a written list of the rights and responsibilities of Older Texans before providing services or as soon after providing services as possible. Any updates to their rights must be informed to Older Texans currently receiving services.

Older Texans who are Blind (OIB)

(Texas Administrative Code, Chapter 853)

  • Administers federal provisions for independent living assistance to Older Texans who are blind or experiencing significant vision loss.

Program of All-inclusive Care for the Elderly

(Texas Human Resources Code, Section 32.053)

  • Creates a program that provides community-based services to Older Texans who qualify for nursing facility placement using a comprehensive care approach and providing services at a rate below the cost of comparable nursing facility care.

Assisted Living Facilities

(Texas Health and Safety Code, Chapter 247)

  • Establishes standards for the operations of licensed assisted living facilities with the purpose of enhancing a person's ability to age in place in a residential setting while receiving varying levels of service as their needs change.

Medical Assistance for Older Texans

(Texas Human Resources Code, Chapter 32)

  • Establishes a single agency designated to administer the medical assistance program for Older Texans through Medicaid including enforcing requirements for facilities covered by Medicaid.

Abuse, Neglect and Exploitation of Older Texans

Definitions (Texas Human Resources Code, Section 48.002)
Reporting Requirement (Texas Human Resources Code, Section 48.051)
Emergency Orders (Texas Human Resources Code, Section 48.208)

  • Establishes definitions for the abuse, neglect, and exploitation of Older Texans.
  • Requires a person who believes that an Older Texans is being abused, neglected, or exploited to report to the Department of Family and Protective Services, except when it is a facility licensed or contracted with the state. With these facilities, a person should report their concerns to the Health and Human Services Commission.
  • Allows the Department of Family and Protective Services to use an emergency order to provide protective services to a person who is elderly and who is unable to consent to these services.

State Programs and Services

(Texas Human Resources Code, Chapter 101A)

  • Requires a State Plan in compliance with Older Americans Act of 1965.
  • Establishes programs and services for Older Texans including employment programs administered by Texas Workforce Commission, voluntary community services program, Texas CARES program (drug discount information),  public information on costs of long-term care, Area Agencies on Aging, and the Office of State Long-Term Care Ombudsman.

Resources

Federal Law

Older Americans Act of 1965

  • Provides funding to states to administer programs supporting Older Americans.