Current through Reg. 49, No. 38; September 20, 2024
(a) A contractor
that is required to have a license, as described in §
49.302(a)
of this subchapter (relating to General Requirements), must comply with
licensure requirements regarding criminal history record checks, the HHSC
employee misconduct registry and the HHSC nurse aide registry for employees,
subcontractors, and volunteers.
(b)
A contractor that is not required to have a license, as described in §
49.302(a)
of this subchapter, must:
(1) before offering
employment to an unlicensed applicant for employment or contracting with an
unlicensed potential subcontractor, obtain directly or through a private agency
the criminal history record of the applicant or potential subcontractor from
the Department of Public Safety (DPS);
(2) before accepting an unlicensed volunteer
applicant for a volunteer position that directly interacts with an individual,
obtain directly or through a private agency the criminal history record of the
applicant from DPS;
(3) review the
criminal history record of the unlicensed applicant or potential
subcontractor;
(4) not employ an
unlicensed applicant for employment, contract with an unlicensed potential
subcontractor, or accept an unlicensed applicant for a volunteer position, for
the time periods set forth in Texas Health and Safety Code, §
250.006, if
the applicant or potential subcontractor has been convicted of an offense
listed in Texas Health and Safety Code, §
250.006;
and
(5) not employ an unlicensed
applicant for employment, contract with an unlicensed potential subcontractor,
or accept an unlicensed applicant for a volunteer position if the applicant or
potential subcontractor has been convicted of an offense that the contractor
determines is a contraindication to the applicant's employment, contracting, or
volunteering.
(c) A
contractor that is not required to have a license, as described in §
49.302(a)
of this subchapter, must:
(1) before offering
employment to an unlicensed applicant for employment or contracting with an
unlicensed potential subcontractor, search the HHSC employee misconduct
registry and the HHSC nurse aide registry for the name of the applicant or
potential subcontractor;
(2) before
accepting an unlicensed volunteer applicant for a volunteer position that
directly interacts with an individual, search the HHSC employee misconduct
registry and the HHSC nurse aide registry for the name of the
applicant;
(3) not employ an
unlicensed applicant for employment, contract with a unlicensed potential
subcontractor, or accept an unlicensed applicant for a volunteer position that
directly interacts with an individual if the applicant or potential
subcontractor is listed on:
(A) the HHSC
employee misconduct registry as unemployable; or
(B) the HHSC nurse aide registry as revoked
or suspended;
(4) within
five business days after hiring an unlicensed employee, contracting with an
unlicensed subcontractor, or accepting an unlicensed volunteer for a position
that directly interacts with an individual, provide written information to the
employee, subcontractor, or volunteer that a person listed on the HHSC employee
misconduct registry is not permitted to be employed by, contract with, or
volunteer for the contractor;
(5)
at least once every twelve months after hiring an unlicensed employee,
contracting with an unlicensed subcontractor, or accepting an unlicensed
volunteer for a position that directly interacts with an individual, search the
HHSC employment misconduct registry and the HHSC nurse aide registry for the
name of the employee, subcontractor, or volunteer; and
(6) not continue to employ an unlicensed
employee, contract with an unlicensed subcontractor, or use an unlicensed
volunteer for a position that directly interacts with an individual if the
employee, subcontractor, or volunteer is listed on:
(A) the HHSC employee misconduct registry as
unemployable; or
(B) the HHSC nurse
aide registry as revoked or suspended.
(d) A contractor must:
(1) before contracting with a potential
subcontractor or offering employment to an applicant for employment, search the
Debarred Vendor List maintained by the Texas Comptroller of Public Accounts;
and
(2) not contract with the
potential subcontractor or employ the applicant if the potential subcontractor
or applicant is listed on the Debarred Vendor List and the period of debarment
has not expired.
(e) A
contractor must develop and implement a policy that requires an employee,
volunteer, or subcontractor to report to the contractor if any of the
information obtained in accordance with subsection (b)(1), (c)(1), or (d)(1) of
this section has changed. If a contractor becomes aware that information the
contractor obtained in accordance with subsection (b)(1), (c)(1), or (d)(1) of
this section was erroneous or has subsequently changed so the contractor would
not be allowed to employ the person, contract with the person, or accept the
person for volunteer status in accordance with subsection (b)(3) or (4),
(c)(2), or (d)(2) of this section, the contractor must terminate the person's
employment, volunteer status, or contract.
(f) A contractor must:
(1) review the LEIE maintained by the United
States Department of Health and Human Services, Office of Inspector General,
and the LEIE maintained by the HHSC Office of Inspector General:
(A) before hiring an applicant for employment
or contracting with a potential subcontractor; and
(B) at least monthly, for each employee and
subcontractor;
(2) not
employ an applicant for employment or contract with a potential subcontractor
to perform any duties that may be paid for directly or indirectly through a
contract if the applicant or potential subcontractor is listed on either LEIE
described in paragraph (1) of this subsection;
(3) prohibit an employee or subcontractor
listed on either LEIE described in paragraph (1) of this subsection from
performing any duties that may be paid for directly or indirectly through a
contract; and
(4) if an employee or
subcontractor is listed on either LEIE described in paragraph (1) of this
subsection, immediately report to the HHSC Office of Inspector General, in
accordance with the self-reporting protocol of the HHSC Office of Inspector
General:
(A) the identity of an excluded
employee or subcontractor; and
(B)
the amount paid by the contractor to the employee or subcontractor for services
provided under a contract.
