Current through Reg. 49, No. 38; September 20, 2024
(a) This section applies only when an
individual is receiving services in the PHC Program or CAS Program through the
agency option or the service responsibility option.
(b) If a report required by § 47.101(b)
of this subchapter (relating to Requirements for Providers Related to the
Abuse, Neglect, or Exploitation of an Individual) alleges abuse, neglect, or
exploitation of an individual by a staff person or controlling person or if a
provider is notified by HHSC of an allegation of abuse, neglect, or
exploitation of an individual by a staff person or controlling person, the
provider must:
(1) as necessary:
(A) obtain immediate medical or psychological
services for the individual; and
(B) assist in obtaining ongoing medical or
psychological services for the individual;
(2) take actions to secure the safety of the
individual, including if necessary, ensuring that the alleged perpetrator does
not have contact with the individual or any other individual receiving services
from the provider until HHSC completes the investigation;
(3) when taking the actions described in
paragraphs (1) and (2) of this subsection, avoid compromising the investigation
or further traumatizing the individual;
(4) preserve and protect evidence related to
the allegation; and
(5) as soon as
possible, but no later than 24 hours, after the provider reports or is notified
of an allegation, notify the individual, the representative, and the case
worker of:
(A) 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,
including the actions required by paragraph (2) of this subsection.
(c) During an HHSC
investigation of an alleged perpetrator who is a staff person or controlling
person, a provider must:
(1) cooperate with
the investigation as requested by HHSC, including providing documentation and
participating in interviews;
(2)
provide HHSC access to:
(A) sites owned,
operated, or controlled by the provider;
(B) individuals, staff persons, and
controlling persons; and
(C)
records pertinent to the investigation of the allegation; and
(3) ensure that a staff person or
controlling person complies with paragraphs (1) and (2) of this
subsection.
(d) After a
provider receives a final investigative report from HHSC for an investigation
described in subsection (c) of this section, the provider must:
(1) if the allegation of abuse, neglect, or
exploitation is confirmed by HHSC:
(A) review
the report, including any concerns and recommendations by HHSC; and
(B) take action within the provider's
authority to prevent the reoccurrence of abuse, neglect, or exploitation,
including disciplinary action against the staff person confirmed to have
committed abuse, neglect, or exploitation;
(2) if the allegation of abuse, neglect, or
exploitation is unconfirmed, inconclusive, or unfounded:
(A) review the report, including any concerns
and recommendations by HHSC; and
(B) take appropriate action within the
provider's authority, as necessary; and
(3) immediately, but not later than five
calendar days after the date the provider receives the HHSC final investigative
report, notify the individual, the representative, and the case worker of:
(A) the investigation finding; and
(B) the action taken by the provider in
response to the HHSC investigation as required by paragraphs (1) and (2) of
this subsection.
