GCR16-COM TX
Page 6
opportunity to participate in the planning of his or her total care and medical treatment, to
refuse treatment, and to be involved in experimental research upon the patient's written
consent only. For the purposes of this paragraph "health care provider" means any person,
corporation, facility, or institution either licensed by this state or otherwise lawfully providing
health care services, including, but not limited to, a physician, hospital or other health care
facility, dentist, nurse, optometrist, podiatrist, physical therapist, or psychologist, and any
officer, employee, or agent of such provider acting in the course and scope of employment or
agency related to or supportive of health care services.
V. The patient shall be transferred or discharged after appropriate discharge planning only for
medical reasons, for the patient's welfare or that of other patients, if the facility ceases to
operate, or for nonpayment for the patient's stay, except as prohibited by Title XVIII or XIX of
the Social Security Act. No patient shall be involuntarily discharged from a facility because
the patient becomes eligible for Medicaid as a source of payment.
VI. The patient shall be encouraged and assisted throughout the patient's stay to exercise the
patient's rights as a patient and citizen. The patient may voice grievances and recommend
changes in policies and services to facility staff or outside representatives free from restraint,
interference, coercion, discrimination, or reprisal.
VII. The patient shall be permitted to manage the patient's personal financial affairs. If the patient
authorizes the facility in writing to assist in this management and the facility so consents, the
assistance shall be carried out in accordance with the patient's rights under this subdivision
and in conformance with state law and rules.
VIII. The patient shall be free from emotional, psychological, sexual and physical abuse and from
exploitation, neglect, corporal punishment and involuntary seclusion.
IX. The patient shall be free from chemical and physical restraints except when they are
authorized in writing by a physician for a specific and limited time necessary to protect the
patient or others from injury. In an emergency, restraints may be authorized by the
designated professional staff member in order to protect the patient or others from injury. The
staff member must promptly report such action to the physician and document same in the
medical records.
X. The patient shall be ensured confidential treatment of all information contained in the patient's
personal and clinical record, including that stored in an automatic data bank, and the patient's
written consent shall be required for the release of information to anyone not otherwise
authorized by law to receive it. Medical information contained in the medical records at any
facility licensed under this chapter shall be deemed to be the property of the patient. The
patient shall be entitled to a copy of such records upon request. The charge for the copying of
a patient's medical records shall not exceed $15 for the first 30 pages or $.50 per page,
whichever is greater; provided, that copies of filmed records such as radiograms, x-rays, and
sonograms shall be copied at a reasonable cost.
XI. The patient shall not be required to perform services for the facility. Where appropriate for
therapeutic or diversional purposes and agreed to by the patient, such services may be
included in a plan of care and treatment.
XII. The patient shall be free to communicate with, associate with, and meet privately with
anyone, including family and resident groups, unless to do so would infringe upon the rights
of other patients. The patient may send and receive unopened personal mail. The patient has
the right to have regular access to the unmonitored use of a telephone.
XIII. The patient shall be free to participate in activities of any social, religious, and community
groups, unless to do so would infringe upon the rights of other patients.
XIV. The patient shall be free to retain and use personal clothing and possessions as space
permits, provided it does not infringe on the rights of other patients.
XV. The patient shall be entitled to privacy for visits and, if married, to share a room with his or
her spouse if both are patients in the same facility and where both patients consent, unless it
is medically contraindicated and so documented by a physician. The patient has the right to
reside and receive services in the facility with reasonable accommodation of individual needs