HHS employees have a legal and ethical obligation to protect the rights of Texans who are eligible for services, to recover money as required by law, and to follow the terms of settlement agreements.
- Alberto N. v Traylor is a settled lawsuit that affects Texas Health Steps, Comprehensive Care Program-eligible children under 21 years of age.
- Frew et al v Traylor et al is a consent decree issued February 1996, which the court later changed parts of.
Protecting Texans’ Rights
- The Guardianship Program may serve people who have a disability, be 65 or older, or a victim of abuse, neglect (including self-neglect) or exploitation.
- The Health Insurance Portability and Accountability Act (HIPAA) privacy rule provides federal protections for personal health information held by covered entities and gives patients an array of rights with respect to that information.
- Court-appointed Trustee Program is installed in a long-term care facility if a situation poses a threat to the health and safety of the residents. Health and Human Services, represented in court by the Texas Attorney General, petitions a district court to appoint a trustee to take over the facility operations to protect residents. The trustee is responsible to the court for all actions and expenditures.
- Long-term Care Ombudsman are advocates for resident rights who help protect the quality of life and quality of care of nursing home and assisted living facility residents.
- Independent Ombudsman for State Supported Living Centers listens to concerns about the treatment of someone living in a state supported living center.
Federal Funds Recovery
- Under the Medicaid Estate Recovery Program, Texas may recover cost of Medicaid services from the estates of some people who received services.