Current through Reg. 50, No. 13; March 28, 2025
(a) A provider
must:
(1) ensure that an individual and
representative are, before or at the time the individual begins receiving
services and at least once every 12 months thereafter:
(A) informed of how to report allegations of
abuse, neglect, or exploitation to DFPS and are provided with the Abuse Hotline
toll-free telephone number, 1-800-252-5400, in writing; and
(B) educated about protecting the individual
from abuse, neglect, and exploitation;
(2) ensure that each staff person is:
(A) trained and knowledgeable of:
(i) acts that constitute abuse, neglect, and
exploitation;
(ii) signs and
symptoms of abuse, neglect, and exploitation; and
(iii) methods to prevent the occurrence of
abuse, neglect, and exploitation;
(B) instructed to report to DFPS immediately,
but not later than 24 hours, after having knowledge or suspicion that an
individual is being or has been abused, neglected, or exploited by:
(i) calling the DFPS Abuse Hotline toll-free
telephone number, 1-800-252-5400; or
(ii) using the DFPS Abuse Hotline website;
and
(C) provided with the
instructions described in subparagraph (B) of this paragraph in writing;
and
(3) conduct the
activities described in paragraph (2) of this subsection before a staff person
assumes job duties and at least annually.
(b) If a provider, staff person, or
controlling person knows or suspects that an individual is being or has been
abused, neglected, or exploited, the provider must report or ensure that the
person with knowledge or suspicion reports the allegation of abuse, neglect, or
exploitation to DFPS immediately, but not later than 24 hours, after having
knowledge or suspicion by:
(1) calling the
DFPS Abuse Hotline toll-free telephone number, 1-800-252-5400; or
(2) using the DFPS Abuse Hotline
website.
(c) If a report
required by subsection (b) of this section alleges abuse, neglect, or
exploitation of an individual, or if the provider is notified of an allegation
of abuse, neglect, or exploitation, the provider must:
(1) take necessary actions to secure the
safety of the individual; and
(2)
notify the individual or representative as soon as possible, but no later than
24 hours, after the provider reports or is notified of the allegation:
(A) of the allegation report; and
(B) the actions the provider has taken or
will take based on the allegation, the condition of the individual, and the
nature and severity of any harm to the individual.
(d) A provider must not retaliate
against:
(1) a staff person, individual, or
other person who files a complaint, presents a grievance, or otherwise provides
good faith information relating to the possible abuse, neglect, or exploitation
of an individual, including the use of a restraint or seclusion; or
(2) an individual because a person on behalf
of the individual files a complaint, presents a grievance, or otherwise
provides good faith information relating to the possible abuse, neglect, or
exploitation of the individual, including the use of a restraint or
seclusion.
(e) At least
annually, a provider must review all reports of abuse, neglect, or exploitation
of an individual of which the provider is notified, and all final investigative
reports received from HHSC for investigations described in § 47.103 of
this subchapter (relating to Requirements for Providers Related to the Abuse,
Neglect, and Exploitation of an Individual Receiving Services in the PHC
Program and CAS Program Through the Agency Option or the Service Responsibility
Option) and, based on the review, identify program process improvements that
help prevent the occurrence of abuse, neglect, and exploitation and improve the
delivery of services.
