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.
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 assumption | What the law actually does |
|---|---|
| The assumptionA resident can be moved out at the home's convenience | What the law actually doesOnly for listed reasons, and not until the 30th day after written notice |
| The assumptionComplaining has to be done in person | What 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)
- 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.