Rights are entitlements to perform certain actions, or to be in certain states based on laws and rules. Access Care of America will protect and promote your rights.
What are my rights?
You have the same rights all citizens have, unless some of these rights have been taken away by a judge. Under state law, you have the following rights:
- No one has the right to hurt you, take advantage of you, or ignore your needs.
- To live free from abuse, neglect, or exploitation in a healthful, comfortable, and safe environment.
- To be free from the use of seclusion; and to have a lock on the inside of the individual’s bedroom door.
- To access public accommodations.
- To be informed of requirements for participation.
- To be informed about the individual’s own health, mental condition, and related progress.
- To receive visitors without prior notice to the program provider unless such rights are contraindicated by the individual’s rights or the rights of other individuals.
- To have privacy in visitation with family and other visitors.
- To make and receive telephone calls.
- To send and to receive sealed and uncensored mail.
- To attend religious activities of choice.
- To be free from the use of unauthorized restraints.
- To live in a normative residential living environment.
- To access free public schooling according to the Texas Education Code.
- To complain at any time to a staff member or service provider.
- To participate in decisions regarding the individual’s living environment, including location, furnishings, other individuals residing in the residence, and moves to other residential locations.
- To receive counseling concerning the use of money.
- To access all financial records regarding the individual’s funds.
- To have privacy during treatment and care of personal needs.
- To have privacy during visits by his or her spouse if living apart.
- To share a room when both the husband and wife are living in the same residence.
- To be free from serving as a source of labor when residing with persons other than family members.
- To communicate, associate, and meet privately with individuals of his or her choice, unless this violates the rights of another individual.
- To participate in social, recreational, and community group activities.
To learn more about your rights, read my rights In a Home and Community Based Services (HCS) Program booklet below.
How Do I Report an Incident?
The Texas Department of Family and Protective Services (DFPS) manages the Texas Abuse Hotline. DFPS investigates complaints of abuse, neglect and exploitation.
You can call DFPS Hotline at 1-800-845-4031 to file a complaint.
The name of the person filing the complaint and that of the other person are kept confidential; unless required to be released by law. However, if the complaint is made anonymous, the person who made the complaint won’t be able to know about the results of the investigation.
Within an hour of receiving complaint, DFPS will be notify the following.
- The administrator of the facility, or wavier program.
- Law enforcement if anything is criminal.
- DFPS completes investigation within 14 calendar days. Regulatory Services employees will make an unannounced investigation which may include: observations, records reviews, and interviews with residents, staff, family members or other personnel making the complaint, and send the complete report to the administrator and to Texas Health and Human Services.
- Within 5 calendar days, the administrator will notify the individual or legally authorized representative of the finding.
- The individual will be informed on how to request an appeal of the finding.
Closing the complaint.
Unlawful acts have no place at Access Care of America. We will treat all complaints seriously and take further actions where appropriate.
Our clients can also use our online survey anytime to express their satisfaction and help us act quickly where appropriate.