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Texas Laws | Human Resource Code
HUMAN RESOURCES CODE
TITLE 6. SERVICES FOR THE ELDERLY

(4) if the individual is to be transferred, the location to which the individual will be transferred; and (7611)

(5) the individual's right to appeal the action and the person to whom the appeal should be directed. (7612)

(t) An elderly individual may: (7613)

(1) make a living will by executing a directive under Subchapter B, Chapter 166, Health and Safety Code; (7614)

(2) execute a medical power of attorney under Subchapter D, Chapter 166, Health and Safety Code; or (7615)

(3) designate a guardian in advance of need to make decisions regarding the individual's health care should the individual become incapacitated. (7616)

Added by Acts 1983, 68th Leg., p. 5159, ch. 936, Sec. 1, eff. Sept. 1, 1983. Amended by Acts 1997, 75th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1997. (7617)

Amended by: (7618)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.363, eff. April 2, 2015. (7619)

Sec. 102.004. LIST OF RIGHTS. (7620)(Text)

(a) A person providing services shall provide each elderly individual with a written list of the individual's rights and responsibilities, including each provision of Section 102.003, before providing services or as soon after providing services as possible, and shall post the list in a conspicuous location. (7621)

(b) A person providing services must inform an elderly individual of changes or revisions in the list. (7622)

Added by Acts 1983, 68th Leg., p. 5159, ch. 936, Sec. 1, eff. Sept. 1, 1983. Amended by Acts 1997, 75th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1997. (7623)

Sec. 102.005. RIGHTS CUMULATIVE. (7624)(Text)

The rights described in this chapter are cumulative of other rights or remedies to which an elderly individual may be entitled under law. (7625)

Added by Acts 1997, 75th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1997. (7626)

CHAPTER 103. DAY ACTIVITY AND HEALTH SERVICES (7627)(Text)

Sec. 103.001. PURPOSE. (7628)(Text)

It is the purpose of this chapter to establish programs of quality day activity and health services that will enable persons with disabilities who have medical or functional impairments and elderly persons to maintain maximum independence and to prevent premature or inappropriate institutionalization. It is the purpose of this chapter to provide adequately regulated supervision for elderly persons and persons with disabilities while enabling them to remain in a family environment and affording the family a measure of normality in its daily activities. The legislature intends to provide for the development of policies and programs that will: (7629)

(1) provide alternatives to institutionalization; (7630)

(2) establish facilities for day activity and health services throughout the state that offer services and are accessible to economically disadvantaged persons; and (7631)

(3) prevent inappropriate institutionalization. (7632)

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983. (7633)

Amended by: (7634)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.364, eff. April 2, 2015. (7635)

Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 6, eff. June 19, 2015. (7636)

Sec. 103.002. SHORT TITLE. (7637)(Text)

This chapter may be cited as the Day Activity and Health Services Act. (7638)

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983. (7639)

Amended by: (7640)

Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 6, eff. June 19, 2015. (7641)

Sec. 103.003. DEFINITIONS. (7642)(Text)

In this chapter: (7643)

(1) "Day activity and health services facility" means a facility that provides services under a day activity and health services program on a daily or regular basis but not overnight to four or more elderly persons or persons with disabilities who are not related by blood, marriage, or adoption to the owner of the facility. (7644)

(2) "Day activity and health services program" means a structured, comprehensive program that is designed to meet the needs of adults with functional impairments through an individual plan of care by providing health, social, and related support services in a protective setting. (7645)

(3) "Department" means the Department of Aging and Disability Services. (7646)

(4) "Elderly person" means a person 65 years of age or older. (7647)

(4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (7648)

(5) "Person with a disability" means a person whose functioning is sufficiently impaired to require frequent medical attention, counseling, physical therapy, therapeutic or corrective equipment, or another person's attendance and supervision. (7649)

(6) "Person" means an individual, corporation, or association. (7650)

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 264, Sec. 27, eff. Aug. 26, 1985; Acts 1993, 73rd Leg., ch. 434, Sec. 2, eff. Jan. 1, 1994. (7651)

Amended by: (7652)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.365, eff. April 2, 2015. (7653)

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