Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 52 - CONTRACTING FOR COMMUNITY SERVICES
Subchapter E - ENFORCEMENT BY HHSC, TERMINATION BY CONTRACTOR, AND NO OFFER OF STANDARD CONTRACT BY HHSC
Division 2 - IMMEDIATE PROTECTION
Section 52.251 - Immediate Protection and Immediate Protection Plan

Universal Citation: 26 TX Admin Code § 52.251

Current through Reg. 49, No. 38; September 20, 2024

(a) HHSC requires a contractor to immediately protect an individual's health and safety if HHSC determines that:

(1) the contractor is not complying with its contract; and

(2) the contractor's failure to comply with its contract jeopardizes the health and safety of the individual.

(b) If HHSC requires immediate protection in accordance with subsection (a) of this section, HHSC notifies the contractor:

(1) orally or in writing, that the contractor must immediately protect the individual's health and safety; and

(2) in writing, that the contractor must submit and implement a written immediate protection plan.

(1) immediately protect the individual's health and safety; and

(2) submit a written immediate protection plan to HHSC within three business days after the date of the notice from HHSC.

(d) An immediate protection plan submitted in accordance with subsection (c)(2) of this section must:

(1) describe the non-compliance that jeopardized the health and safety of the individual;

(2) describe the immediate protection taken by the contractor;

(3) describe the activities the contractor will perform to prevent the non-compliance described in paragraph (1) of this subsection from reoccurring;

(4) include a schedule for performing the activities described in paragraph (3) of this subsection; and

(5) include:

(A) the title of the person who ensured completion of the immediate protection; and

(B) the title of the person responsible for completion of the activities described in paragraph (3) of this subsection.

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