Skip to content

Living In A Nursing Home

Human Resources Code 102.003 — the rights of the elderly, and notice before a move

In Texas, a chapter of the Human Resources Code sets out the rights of an elderly individual receiving services, including in a residential facility.

Email

Written notice before a transfer or discharge. Except in an emergency, a residential facility may not transfer or discharge an elderly individual until the 30th day after written notice to the individual, a legal representative or a family member, stating the reason, the effective date, where the individual will go, and the right to appeal. The reasons are limited to those the section lists, including failure to pay after reasonable and appropriate notices.

Refusing treatment. An elderly individual may refuse medical treatment after being advised of the possible consequences and acknowledging that they clearly understand them.

Complaints and privacy. An elderly individual may complain about their care, anonymously or through someone they designate, and the person providing services may not take punitive action for it. They are entitled to privacy while attending to personal needs and a private place to receive visitors, and may send and receive unopened mail.

The assumptionWhat the law actually does
The assumptionA resident can be moved out at the home's convenienceWhat the law actually doesOnly for listed reasons, and not until the 30th day after written notice
The assumptionComplaining has to be done in personWhat the law actually doesA complaint may be anonymous or made through someone designated

Facilities taking Medicare or Medicaid funding are subject to a further set of federal resident rights alongside these, which are not on this page. Whether conduct breaches the section is a question for a licensed Texas attorney.

Sources for this section (1)
  1. undefined 102.003 — Rights of the elderly

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.

On the clock

One period on this page runs out. Each is stated above with its authority; this is the same thing with the date attached.

  • 30 daysNotice before a residential facility transfer or discharge · from written notice of the transfer or discharge

From here