Working Caregiver- Caregiver Articles
Texas Senior's Health and Safety
Health and Safety for Texas Seniors
The Office of the Attorney General seeks to protect senior Texans from abuse, neglect, and exploitation. The Office of the Attorney General receives referrals from client agencies to pursue civil actions against long-term care facilities and to investigate incidents for criminal prosecution.
Their Consumer Protection & Public Health Division takes civil legal action to ensure quality treatment in nursing homes, assisted living facilities, and home health agencies. If you believe your aging loved one is being abused or neglected, the Medicaid Fraud Control Unit investigates and refers to prosecutors cases in Medicaid-funded facilities.
Abuse includes involuntary seclusion, intimidation, humiliation, harassment, threats of punishment, deprivation, hitting, slapping, pinching, kicking, any type of corporal punishment, sexual assault, sexual coercion, sexual harassment, verbal abuse, or any oral, written, or gestured language that includes disparaging or derogatory terms, regardless of the person's ability to hear or comprehend.
Neglect means the failure of a caretaker to provide the goods or services, including medical services, which are necessary to avoid physical or emotional harm or pain.
Exploitation includes a caretaker's using the resources of a senior for monetary or personal benefit, profit, or gain. Seniors may need help with their finances, but unless they hand control over to another person, they have the same right as anyone else to receive, spend, invest, save, or give away their money. A family member, "friend," or nursing home may not take control of a senior’s money without that person's permission. Also, a resident of a nursing home or other facility may review all of his or her records. This includes medical, nursing, financial, social, contractual, and legal records. These records may not be released without the individual's permission, except when required by law or when the resident is transferred to another facility.
If you suspect a problem, discuss the matter with the nursing home, assisted living facility, or home health agency administrator. If you are aware of a specific act of abuse, neglect, or exploitation, you are required by law to report it. If the victim is in a nursing home or assisted living facility, or is in his or her home and using a home health agency, call the Department of Aging and Disability Services at 1-800-458-9858. Otherwise, call The Department of Family and Protective Services at 1-800-252-5400.
If a person complains about poor care, or if a family member speaks up about poor conditions at a facility, it is a violation of the law for the nursing home or any of its employees to intimidate or retaliate in any way against the resident or the family. A nursing home must have an effective procedure for receiving complaints and for responding to those complaints.
Seniors may need help with their finances, but unless they hand control over to another, they have the same right as anyone else to receive, spend, invest, save, or give away their money. If a family member, "friend," or nursing home takes control of a senior's money without that person's permission - you should call the Adult Protective Services or a private attorney for advice.
A resident of a nursing home or other facility may review all of his or her records. This includes medical, nursing, financial, social, contractual, and legal records. These records may not be released without the individual's permission, except when required by law or when a resident is transferred to another facility.
