Section 554.406 - Free Choice(a) Resident rights. The resident has the right to: (1) choose and retain a personal attending physician, subject to that physician's compliance with the facility's standard operating procedures for physician practices in the facility;(2) be fully informed in advance about care and treatment and of any changes in that care or treatment that may affect the resident's well-being; and(3) participate in planning care and treatment or changes in care and treatment, to the extent practicable. See § 554.419 of Title 40 (relating to Advance Directives).(b) Licensed-only facilities. The resident must be allowed complete freedom of choice to obtain pharmacy services from any pharmacy that is qualified to perform the services. A facility must not require residents to purchase pharmaceutical supplies or services from the facility itself or from any particular vendor. The resident has the right to be informed of prices before purchasing any pharmaceutical item or service from the facility, except in an emergency.(c) Additional requirements regarding freedom of choice for Medicaid recipients. The recipient must be allowed complete freedom of choice to obtain any Medicaid services from any institution, agency, pharmacy, person, or organization that is qualified to perform the services, unless the provider causes the facility to be out of compliance with the requirements specified in this chapter. (1) A facility must not require recipients to purchase supplies or services, including pharmaceutical supplies or services, from the facility itself or from any particular vendor. The recipient has the right to be informed of prices before purchasing any item or services from the facility, except in an emergency.(2) The facility must furnish Medicaid recipients with complete information about available Medicaid services, how to obtain these services, their rights to freely choose service providers as specified in this subsection and the right to request a hearing before HHSC if the right to freely choose providers has been abridged without due process.26 Tex. Admin. Code § 554.406
The provisions of this §19.406 adopted to be effective May 1, 1995, 20 TexReg 2393; Amended by Texas Register, Volume 45, Number 12, March 20, 2020, TexReg 2036, eff. 3/24/2020; Entire chapter transferred from Title 40, Pt. 1, Ch. 19 by Texas Register, Volume 45, Number 50, December 11, 2020, TexReg 8871, eff. 1/15/2021