Practical
Legal Solutions

Texas gives seniors the right to choose their service providers

| Oct 6, 2020 | Elder Law

All residents enjoy the rights and protections afforded by the state. But, for seniors our state provides special protections and rights. Specifically, for those 60 and above, Section 102.003 of the Texas Human Resources Code outlines these specific rights. And, perhaps, especially these days, one of the most talked about is the right of seniors to remain with their chosen service provider.

The right to stay put

At 60 or above, one knows what they want and knows what makes them comfortable, which is part of the reason why our state protects a senior’s right to choose. This means that a service provider cannot discharge or transfer an elderly person. Of course, this is not absolute.

Exemptions

First, the service provider could transfer a person if it is for that person’s welfare because that person’s needs cannot be net by their current service provider. On the other hand, if the elderly person themselves is a health or safety threat to others or the service provider, they can also be charged.

Second, if the service is no longer needed, then the service provider can release that person from their care. In this same line of reasoning, if the service provider itself is closing, ceasing operations, then it can release residents from their care.

Finally, a person cannot just stop paying their service provider and expect to stay. If, after providing the resident reasonable and appropriate payment notices, they can discharge or transfer a resident.

What to do if one is being discharged or transferred

If one of these exemptions does not apply, one cannot be transferred or discharged. If the service provider is attempting to transfer or discharge someone without one of these exemptions, it is against Texas law. This is an illegal threat, and anyone experiencing this in Beaumont should consider working with an experienced Elder Law attorney. They can walk them through filing a complaint with the Texas Department of Aging and Disability Services, Texas Attorney General’s office or a private lawsuit, when appropriate.