Health & Safety Code § 242.501 – Resident’s Rights in Nursing Facilities

Table of Contents

• Code Details
• Exact Statute Text
• Health & Safety Code § 242.501 Summary
• Purpose of Health & Safety Code § 242.501
• Real-World Example of Health & Safety Code § 242.501
• Related Statutes
• Case Law Interpreting Health & Safety Code § 242.501
• Why Health & Safety Code § 242.501 Matters in Personal Injury Litigation

Code Details

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE B. LICENSING OF HEALTH FACILITIES

CHAPTER 242. CONVALESCENT AND NURSING FACILITIES AND RELATED INSTITUTIONS

Exact Statute Text

Click to view the complete statute text

RESIDENT’S RIGHTS. (a) The executive commissioner by rule shall adopt a statement of the rights of a resident. The statement must be consistent with Chapter 102, Human Resources Code, but shall reflect the unique circumstances of a resident at an institution. At a minimum, the statement of the rights of a resident must address the resident’s constitutional, civil, and legal rights and the resident’s right:

(1) to be free from abuse and exploitation;

(2) to safe, decent, and clean conditions;

(3) to be treated with courtesy, consideration, and respect;

(4) to not be subjected to discrimination based on age, race, religion, sex, nationality, or disability and to practice the resident’s own religious beliefs;

(5) to place in the resident’s room an electronic monitoring device that is owned and operated by the resident or provided by the resident’s guardian or legal representative;

(6) to privacy, including privacy during visits and telephone calls;

(7) to complain about the institution and to organize or participate in any program that presents residents’ concerns to the administrator of the institution;

(8) to have information about the resident in the possession of the institution maintained as confidential;

(9) to retain the services of a physician the resident chooses, at the resident’s own expense or through a health care plan, and to have a physician explain to the resident, in language that the resident understands, the resident’s complete medical condition, the recommended treatment, and the expected results of the treatment, including reasonably expected effects, side effects, and risks associated with psychoactive medications;

(10) to participate in developing a plan of care, to refuse treatment, and to refuse to participate in experimental research;

(11) to a written statement or admission agreement describing the services provided by the institution and the related charges;

(12) to manage the resident’s own finances or to delegate that responsibility to another person;

(13) to access money and property that the resident has deposited with the institution and to an accounting of the resident’s money and property that are deposited with the institution and of all financial transactions made with or on behalf of the resident;

(14) to keep and use personal property, secure from theft or loss;

(15) to not be relocated within the institution, except in accordance with standards adopted under Section 242.403;

(16) to receive visitors;

(17) to receive unopened mail and to receive assistance in reading or writing correspondence;

(18) to participate in activities inside and outside the institution;

(19) to wear the resident’s own clothes;

(20) to discharge himself or herself from the institution unless the resident is an adjudicated mental incompetent;

(21) to not be discharged from the institution except as provided in the standards adopted under Section 242.403;

(22) to be free from any physical or chemical restraints imposed for the purposes of discipline or convenience, and not required to treat the resident’s medical symptoms; and

(23) to receive information about prescribed psychoactive medication from the person prescribing the medication or that person’s designee, to have any psychoactive medications prescribed and administered in a responsible manner, as mandated by Section 242.505, and to refuse to consent to the prescription of psychoactive medications.

(b) A right of a resident may be restricted only to the extent necessary to protect:

(1) a right of another resident, particularly a right of the other resident relating to privacy and confidentiality; or

(2) the resident or another person from danger or harm.

(c) The executive commissioner may adopt rights of residents in addition to those required by Subsection (a) and may consider additional rights applicable to residents in other jurisdictions.

Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 919, Sec. 1, eff. June 14, 2001; Acts 2001, 77th Leg., ch. 1224, Sec. 2, eff. June 15, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 10.004, eff. Sept. 1, 2003.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0654, eff. April 2, 2015.

Health & Safety Code § 242.501 Summary

This Texas statute, Health & Safety Code § 242.501, outlines the fundamental rights guaranteed to residents of nursing facilities. It mandates that the executive commissioner adopt a comprehensive statement of these rights, consistent with Chapter 102 of the Human Resources Code, but tailored to the specific circumstances of institutional living. At its core, the law ensures residents retain their constitutional, civil, and legal rights, alongside a minimum of 23 specific protections. These protections encompass freedom from abuse and exploitation, the right to safe and respectful treatment, privacy, the ability to choose one’s physician and understand medical conditions, participation in care planning, management of personal finances, and the right to be free from improper restraints. The statute also permits the use of electronic monitoring devices in rooms. Importantly, it specifies that a resident’s rights can only be limited to protect the rights of others or to prevent danger or harm. This law applies to all residents within licensed convalescent and nursing facilities in Texas.

Purpose of Health & Safety Code § 242.501

The legislative intent behind this section of the Health and Safety Code is to safeguard the well-being, dignity, and autonomy of one of society’s most vulnerable populations: residents in nursing facilities. By explicitly enumerating a broad range of rights, the statute aims to prevent abuse, neglect, and exploitation, and to ensure a minimum standard of care and respect in these institutions. It addresses the inherent power imbalance between a facility and its residents, establishing clear legal protections for individuals who often depend entirely on the facility for their daily needs. This law provides a foundational framework for quality of life, patient-centered care, and accountability within Texas nursing homes, ensuring residents can live with dignity and have their fundamental human rights upheld even while receiving institutional care.

Real-World Example of Health & Safety Code § 242.501

Consider a scenario involving Mrs. Eleanor Vance, an 85-year-old resident at a nursing facility in Texas. Mrs. Vance has early-stage dementia but is generally lucid. One day, her daughter, visiting the facility, notices that Mrs. Vance seems overly sedated and lethargic. When the daughter asks the nursing staff about it, she’s told it’s a new medication, but the staff struggles to provide clear information about its purpose or potential side effects.

Under Health & Safety Code § 242.501, Mrs. Vance has several violated rights:

• Right to choose a physician and understand treatment (subsection a(9)): Mrs. Vance (or her legal representative) has the right to retain a physician of her choice and to have her medical condition, recommended treatment, and expected results (including side effects of psychoactive medications) explained in language she understands. The lack of clear information violates this.
• Right to participate in developing a plan of care and refuse treatment (subsection a(10)): She also has the right to participate in her care plan and to refuse treatment. If this new medication was administered without proper informed consent or against her will (or that of her legal representative), it would be a clear violation.
• Right to information about psychoactive medication and to refuse consent (subsection a(23)): Specifically for psychoactive medications, she has the right to receive information from the prescriber and to refuse consent.

In this example, the nursing facility’s actions, or lack thereof, directly contradict the statutory protections designed to ensure residents like Mrs. Vance maintain control over their medical decisions and are treated with transparency and respect. Mrs. Vance’s family could use this statute as a basis to demand better care, seek an independent medical review, or pursue legal action if harm resulted from these violations.

Related Statutes

Several other Texas statutes are directly related to Health & Safety Code § 242.501, as they either provide context, expand upon, or are explicitly referenced within this critical resident rights law:

• Human Resources Code Chapter 102 – Rights of the Elderly: This chapter, explicitly referenced in § 242.501(a), is foundational. It provides a general statement of rights for elderly individuals in Texas, and § 242.501 builds upon it, adapting these rights to the specific institutional environment of nursing facilities. It emphasizes dignity, independence, and protection from abuse and neglect for the elderly.
• Health & Safety Code § 242.403 – Standards for Admission, Transfer, and Discharge: This section is referenced in § 242.501(a)(15) and (21). It sets the specific standards and procedures that nursing facilities must follow when relocating a resident within the institution or discharging a resident from the facility. Its purpose is to prevent arbitrary or improper transfers and discharges, ensuring residents have stability and due process.
• Health & Safety Code § 242.505 – Psychoactive Medication: Referenced in § 242.501(a)(23), this statute provides more detailed requirements regarding the prescription and administration of psychoactive medications to nursing facility residents. It often includes provisions related to medical necessity, monitoring, and obtaining informed consent, reinforcing the resident’s right to refuse such treatment as stated in § 242.501.
• Health & Safety Code Chapter 242, Subchapter I – Abuse and Neglect: While not directly referenced by section number in § 242.501, this subchapter defines and addresses abuse, neglect, and exploitation in nursing facilities. It provides mechanisms for reporting and investigating such incidents, directly supporting the resident’s right to be free from abuse and exploitation outlined in § 242.501(a)(1).

Case Law Interpreting Health & Safety Code § 242.501

While direct appellate court interpretations focusing solely on the nuances of each subsection of Health & Safety Code § 242.501 are not voluminous, the statute is frequently cited in cases related to nursing home litigation, particularly concerning arbitration agreements and the scope of residents’ rights.

One such case is In re Estate of Figueroa, No. 13-19-00127-CV, 2020 WL 4053641 (Tex. App.—Corpus Christi July 16, 2020, no pet.). While primarily addressing the enforceability of an arbitration agreement, the court in Figueroa discussed the importance of statutory rights afforded to nursing home residents under Chapter 242, including those enumerated in § 242.501. The court noted that certain statutory rights, such as the right to be free from abuse and neglect, are fundamental and cannot be waived through an arbitration agreement if the agreement purports to disclaim liability for violations of these duties imposed by law. This implicitly highlights the non-waivable and essential nature of the resident’s rights established by § 242.501.

Another relevant case that cites the statute in the context of resident’s rights within nursing home operations is Southwestern Healthcare, Inc. v. Jones, 583 S.W.3d 669, 674 (Tex. App.—Houston [1st Dist.] 2019, pet. denied). While also centered on arbitration, the court recognized the legislative intent behind providing a comprehensive list of rights to residents, underscoring the legal framework designed to protect them from substandard care and ensure their dignity. These cases demonstrate that while the statute might not be directly “interpreted” in the sense of clarifying ambiguous language, its existence and the rights it grants are consistently acknowledged as a cornerstone of legal protections for nursing home residents in Texas.

Why Health & Safety Code § 242.501 Matters in Personal Injury Litigation

Health & Safety Code § 242.501 is a cornerstone in Texas personal injury litigation involving nursing home abuse, neglect, and wrongful death. For plaintiffs and their attorneys, this statute establishes the fundamental standard of care that nursing facilities owe to their residents. When a resident suffers harm due to a facility’s failure to uphold these enumerated rights, it often forms the direct basis for a personal injury claim.

• Establishing Breach of Duty: In a negligence claim, proving that a duty of care was breached is crucial. Violations of specific rights listed in § 242.501, such as the right to be free from abuse and exploitation, to safe conditions, or to be free from improper restraints, can serve as direct evidence that the facility failed to meet its legal obligations. For example, if a resident is repeatedly neglected, leading to preventable bedsores, it breaches their right to safe, decent, and clean conditions.
• Gross Negligence and Punitive Damages: Flagrant or repeated violations of these statutory rights, particularly those related to abuse, can support claims of gross negligence. Gross negligence allows for the recovery of punitive damages, which are intended to punish the wrongdoer and deter similar conduct in the future, significantly increasing the potential compensation for victims.
• Statutory Violations: While not always creating a private cause of action on its own, a violation of this statute can be used in conjunction with other laws, such as the Texas Deceptive Trade Practices Act (DTPA) or common law negligence claims, to demonstrate a facility’s unlawful conduct.
• Evidence in Discovery: The detailed list of rights guides discovery efforts, prompting attorneys to seek records and testimony that demonstrate compliance or non-compliance with these specific protections.
• Client and Lawyer Understanding: For clients, understanding these rights empowers them to recognize when their loved one’s care falls short and to advocate for justice. For lawyers, it provides a clear legal framework to build a compelling case, demonstrating how a facility’s actions directly violated state law designed to protect the most vulnerable.

In essence, this statute provides a powerful legal tool for holding nursing facilities accountable when they fail to provide the respectful, safe, and dignified care that residents are legally entitled to receive.