Health & Safety Code Section 533.042
Evaluation of Elderly Residents
(a)The department shall evaluate each elderly resident at least annually to determine if the resident can be appropriately served in a less restrictive setting.
(b)The department shall consider the proximity to the resident of family, friends, and advocates concerned with the resident’s well-being in determining whether the resident should be moved from a department facility or to a different department facility. The department shall recognize that a nursing facility may not be able to meet the special needs of an elderly resident.
(c)In evaluating an elderly resident under this section and to ensure appropriate placement, the department shall identify the special needs of the resident, the types of services that will best meet those needs, and the type of facility that will best provide those services.
(d)The treating physician shall conduct the evaluation of an elderly resident of a department facility.
(e)The department shall attempt to place an elderly resident in a less restrictive setting if the department determines that the resident can be appropriately served in that setting. The department shall coordinate the attempt with the local mental health authority.
(f)A local mental health authority shall provide continuing care for an elderly resident placed in the authority’s service area under this section.
(g)The local mental health authority shall have the right of access to all residents and records of residents who request continuing care services.
Section 533.042 — Evaluation of Elderly Residents,
https://statutes.capitol.texas.gov/Docs/HS/htm/HS.533.htm#533.042 (accessed Dec. 9, 2023).