Short answer
Residents of Texas nursing facilities and assisted living communities have enforceable rights covering care quality, dignity, privacy, freedom from restraint, and protection against improper transfer or discharge. The long-term care ombudsman advocates on these rights free of charge, and HHSC enforces them.
Where rights come from
Nursing facility residents are protected by both federal law, through Medicare and Medicaid certification requirements, and Texas state licensing rules. Assisted living residents in Texas are protected by state licensing rules and the terms of their residency agreement — there is no federal assisted living rights framework, which is a meaningful gap.
The rights families most often need to invoke
- Protection against improper transfer or discharge. A community cannot simply ask a resident to leave. There are notice requirements and appeal rights, and this is the single most common issue ombudsmen handle.
- Freedom from unnecessary physical or chemical restraint, including medication used to manage behaviour rather than treat a condition.
- Participation in care planning, including the right of a resident or their representative to be present and to disagree.
- Access to visitors, and to the ombudsman, at reasonable times.
- To voice a complaint without retaliation.
If you are being told your parent must leave, call the Capital Area ombudsman
at 512-916-6054 before you agree to anything or sign a move-out notice. This is exactly what the
office exists for, it is free, and it is independent of HHSC.
The Austin-area long-term care ombudsman. Free, confidential and independent of Texas HHS. Capital Area covers Travis, Williamson and Hays at 512-916-6054. Read the full explanation →