Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 261 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS (ICF/IID) PROGRAM-CONTRACTING
Subchapter D - PROVIDER SERVICE REQUIREMENTS
Section 261.230 - Requirements for a Day Habilitation Center

(A) that is not located within a program provider's facility;

(B) that the program provider or a subcontractor of the program provider owns or leases; and

(C) in which active treatment is provided to an individual by the program provider or a subcontractor of the program provider.

(A) to conduct, at least once every 90 days, a fire drill during which individuals evacuate the day habilitation center;

(B) to have an emergency preparedness and response plan;

(C) to prominently post, in an area of the day habilitation center that is readily accessible to individuals, employees, contractors, volunteers, and visitors, a notice of the requirement to report an allegation of abuse, neglect, or exploitation of an individual and how to report such an allegation to the DFPS toll free telephone number at 1-800-647-7418;

(D) to search the nurse aide registry (NAR) and the employee misconduct registry (EMR), before the subcontractor hires an unlicensed applicant for employment, contracts with an unlicensed independent contractor, or uses an unlicensed volunteer who will have direct contact with an individual receiving active treatment in the day habilitation center, using the DADS Internet website to confirm that the unlicensed applicant, independent contractor, or volunteer is not listed in either registry as unemployable;

(E) to provide written information to the unlicensed applicant, independent contractor, or volunteer about the EMR that complies with the requirements of § 93.3(c) of Title 40 (relating to Employment and Registry Information);

(F) to search the NAR and the EMR at least once every twelve months using the DADS Internet website to confirm that the unlicensed employee, independent contractor, or volunteer is not listed in either registry as unemployable;

(G) to conduct a criminal history check and verify that the unlicensed applicant's, independent contractor's, or volunteer's criminal history information does not include a conviction that bars employment under the Texas Health and Safety Code § 250.006, before the unlicensed applicant, independent contractor, or volunteer has direct contact with an individual receiving active treatment in the day habilitation center; and

(H) to provide active treatment to the individual in accordance with the individual's IPP and keep a copy of the IPP in the day habilitation center;