In Texas, Senior Citizen Safety And Health

state.tx.us, Jan 23, 2006

The Office of the Attorney General seeks to protect senior Texans and other health-care service consumers 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. The AG’s Consumer Protection & Public Health Division takes civil legal action to ensure quality treatment in nursing homes, assisted living facilities, and home health agencies. The AG's Medicaid Fraud Control Unit investigates and refers to prosecutors cases involving abuse, neglect or exploitation 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.