Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 275 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES (CMPAS) PROGRAM
Subchapter D - SERVICE DELIVERY OPTIONS
Division 3 - CONSUMER DIRECTED SERVICE (CDS) OPTION
Section 275.155 - Individual Responsibilities in the CDS Option
Universal Citation: 26 TX Admin Code ยง 275.155
Current through Reg. 49, No. 38; September 20, 2024
(a) In the CDS option, an individual must:
(1) comply with the requirements in §44.307 of this chapter (relating
to Individual Responsibilities in All CMPAS Service Delivery
Options);
(2) perform the employer
responsibilities described in Chapter 41 of this title (relating to Consumer
Directed Services Option), with the exception of the responsibilities described
in Chapter 41, Subchapter G of this title (relating to Allegations of Abuse,
Neglect and Exploitation);
(3)
train each attendant and substitute attendant, during the initial orientation
and on an annual basis, regarding abuse, neglect, and exploitation, as
described in HHSC Form 1732, Management and Training of Service
Provider;
(4) sign and date Form
1732 and have the attendant or substitute attendant sign and date the form to
document completion of the training; and
(5) send a copy of the signed form to the
provider within 30 days after the date the form is signed by the individual and
the attendant or substitute attendant.
(b) In the CDS option, if an individual knows or suspects that the individual is being or has been abused, neglected, or exploited, the individual must:
(1) report the
abuse, neglect, or exploitation to DFPS immediately, but not later than 24
hours, after the abuse, neglect, or exploitation occurred by:
(A) calling the DFPS Abuse Hotline toll-free
telephone number, 1-800-252-5400; or
(B) using the DFPS Abuse Hotline
website;
(2) take actions
to secure the individual's safety;
(3) obtain immediate and ongoing medical or
psychological services, as necessary;
(4) when taking the actions described in
paragraphs (2) and (3) of this subsection, avoid compromising the investigation
or causing further trauma to the individual;
(5) preserve and protect evidence related to
the allegation; and
(6) ensure an
attendant or substitute attendant who knows or suspects that the individual is
being or has been abused, neglected, or exploited, reports the allegation of
abuse, neglect, or exploitation to DFPS immediately, but not later than 24
hours, after having knowledge or suspicion by:
(A) calling the DFPS Abuse Hotline toll-free
telephone number, 1-800-252-5400; or
(B) using the DFPS Abuse Hotline
website.
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