Texas Health and Safety Code 166.159 – Discrimination Relating to Execution of Medical Power of Attorney
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Terms Used In Texas Health and Safety Code 166.159
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
A health or residential care provider, health care service plan, insurer issuing disability insurance, self-insured employee benefit plan, or nonprofit hospital service plan may not:
(1) charge a person a different rate solely because the person has executed a medical power of attorney;
(2) require a person to execute a medical power of attorney before:
(A) admitting the person to a hospital, nursing home, or residential care home;
(B) insuring the person; or
(C) allowing the person to receive health or residential care; or
(3) refuse health or residential care to a person solely because the person has executed a medical power of attorney.