Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
Subchapter E - STANDARDS FOR LICENSURE
Section 553.257 - Human Resources
Universal Citation: 26 TX Admin Code § 553.257
Current through Reg. 49, No. 52; December 27, 2024
(a) Personnel records. A facility must keep current and complete personnel records on a facility employee for review by HHSC staff including:
(1) documentation that the facility performed
a criminal history check;
(2) an
annual employee misconduct registry check;
(3) an annual nurse aide registry
check;
(4) documentation of initial
tuberculosis screenings referenced in §
553.261(f) of
this subchapter (relating to Coordination of Care);
(5) documentation of the employee's
compliance with or exemption from the facility vaccination policy referenced in
§
553.261(f) of
this subchapter;
(6) the signed
statement from the employee referenced in §
553.273 of this subchapter
(relating to Abuse, Neglect, or Exploitation Reportable to HHSC by Facilities),
acknowledging that the employee may be criminally liable for the failure to
report abuse, neglect, and exploitation; and
(7) a signed disclosure statement, indicating
whether the employee:
(A) has been convicted
of an offense described in Texas Health and Safety Code §
250.006;
and
(B) has lived in a state other
than Texas within the past five years.
(b) Investigation of facility employees.
(1) A facility must comply with the
provisions of Texas Health and Safety Code, Chapter 250.
(2) Before a facility hires an employee, the
facility must search the employee misconduct registry (EMR) established under
§253.007, Texas Health and Safety Code, and the HHSC nurse aide registry
(NAR) to determine if the individual is designated in either registry as
unemployable based on employee misconduct. Both registries can be accessed on
the HHSC Internet website.
(3) A
facility is prohibited from hiring or continuing to employ a person who is
listed in the EMR or NAR as unemployable or who has been convicted of an
offense listed in Texas Health and Safety Code §
250.006 as a
bar to employment or is a contraindication to employment with the
facility.
(4) A facility must
provide notification about the EMR to an employee in accordance with §
561.3 of this title (relating to
Employment and Registry Information).
(5) In addition to the initial search of the
NAR and the EMR, a facility must conduct a search of the NAR and the EMR to
determine if the employee is designated in either registry as unemployable at
least every 12 months.
(6) A
facility must keep a copy of the results of the initial and annual searches of
the NAR and EMR in the employee's personnel file.
(7) If an applicant for employment indicates
on the disclosure statement that he or she have lived in another state within
the past five years, the facility must conduct a name-based criminal history
check in each state in which the applicant previously resided within the
five-year period. A facility may hire the applicant pending the results of the
name-based criminal history check in each state, but the employee must not be
in a position that has direct contact with residents.
(8) If HHSC determines that a facility
employee has engaged in reportable conduct, the facility must:
(A) suspend the employment of the employee
while the employee exhausts any applicable appeals process, including informal
and formal appeals and any hearing or judicial review conducted in accordance
with Texas Health and Safety Code §
253.004 or
§
253.005,
pending a final decision by an administrative law judge; and
(B) not reinstate the employee's employment
during the course of any applicable appeals process.
(9) For the purpose of paragraph (8) of this
subsection, reportable conduct includes:
(A)
abuse or neglect that causes or may cause death or harm to a resident;
(B) sexual abuse of a resident;
(C) financial exploitation of a
resident in an amount of $25 or more; and
(D) emotional, verbal, or psychological abuse
that causes harm to a resident.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
