Texas Bill of Rights & Responsibilities for Home Care Patients

A patient's bill of rights is a statement outlining the rights of any patient receiving medical care. Both state and federal laws protect the rights of in-home-care patients in Texas, and require the facility to provide the patient with a copy of these rights prior to treatment. Title 25 of the Texas Administrative Code and Title 42 of the Code of Federal Regulations outlines the rights and responsibilities of patients in home care.

State Patient Rights During In Home Care Treatment

• You have the right to be treated with dignity and respect.

  As an in-home-care patient in the state of Texas, you have the right to refuse or discontinue treatment at any time, unless prevented by a court order. You have the right to receive treatment free from neglect, abuse and exploitation. You have the right to review and update your treatment plan on a regular basis. You have to right to refuse unnecessary or excessive treatment or medication. You have the right to have your information kept private. You have the right to authorize or prevent certain information about you from being released and you have the right to be informed when and what information can be released without your consent. You are entitled to an explanation of all treatments being provided. You have the right to file a complaint against the home caregiver with the facility care is provided through, or directly with the Texas Commission of Alcohol and Drug Abuse.

State Patient Rights Prior to In Home Care Treatment

• You have the right to participate in developing treatment plans.

  You have the right to be informed about all of the in-home-care program's rules and regulations prior to enrollment in the program. You have to right to be told what conditions of care will be provided for, the proposed treatment plan and the risks, benefits and side effects associated with the proposed treatment plan. You have the right to be informed of the potential physical- and mental-health consequences associated with refusing treatment. You have the right to know the expected length of time in-home care will be needed and the right to participate in developing a treatment plan that is designed to meet your needs. You have the right to be informed in advance of all estimated costs and limitations of services the in-home-care provider is aware of.

State Laws Regarding Provider Care

• Providers cannot provide services for which they are not qualified.

  Chapter 448 of Title 25 of the Texas Administrative Code outlines the standards of care for in-home-care providers. Providers are required to provide adequate and appropriate services that are consistent with industry standards, and shall recognize the limitations of their abilities and not offer services outside their scope of practice. Providers shall not use techniques for which they are not adequately trained and qualified to perform. Providers shall not make direct or implied claims regarding qualifications they do not possess. Care shall be provided in a respective and nonexploitive manner. Providers cannot discriminate against an in-home-care patient based on gender, religion, race, national origin, age, disability, sexual orientation or medical condition.

State In-Home-Care Patient Responsibilities

• As a patient in a home-care setting, it is your responsibility to notify the care provider of any medications you are currently taking, your prior medical history and any diagnoses you have received. It is also your responsibility to notify the provider of any changes to your medical coverage. It is also your responsibility to file complaints against the caregiver or facility to the appropriate parties in a timely manner.

Federal In-Home-Care Patient Rights and Responsibilities

• Title 42 of the Code of Federal Regulations states that patients receiving in-home care through a Medicare-approved agency are entitled to the right to choose the agency for which care is provided and have the right to have their property and persons treated with respect and dignity. You also have the right to participate in care decisions and have a copy of the treatment plan provided to them. You also have the right to appoint a guardian to make decisions on their behalf. It is the responsibility of the patient to file a complaint with the agency providing care of the State Survey Agency when care is not provided, treatment is not in keeping with your rights, or the staff is neglectful, abusive or shows disrespect for the you or your property.