Current through Reg. 49, No. 38; September 20, 2024
(a) In response to allegations of abuse,
neglect, exploitation, or mistreatment, the facility must:
(1) ensure that all alleged violations
involving abuse, neglect, exploitation or mistreatment, including injuries of
unknown source and misappropriation of resident property are reported:
(A) immediately to the administrator of the
facility and to HHSC Complaint and Incident Intake, but no later than two hours
after the allegation is made, if the events that cause the allegation involve
abuse, or result in serious bodily injury; or
(B) no later than 24 hours after the
allegation is made to the administrator of the facility and to HHSC Complaint
and Incident Intake, if the events that cause the allegation do not involve
abuse and do not result in serious bodily injury;
(2) conduct an investigation of the reported
acts and have evidence that all alleged violations are thoroughly
investigated;
(3) prevent further
potential abuse, neglect, exploitation, or mistreatment while the investigation
is in progress; and
(4) report the
results of all investigations to the administrator or the administrator's
designee and to HHSC Complaint and Incident Intake within five working days of
the incident and, if the alleged violation is verified, take appropriate
corrective action.
(b) A
facility owner or employee who has cause to believe that the physical or mental
health or welfare of a resident has been or may be adversely affected by abuse,
neglect, or exploitation caused by another person must report the abuse,
neglect, or exploitation.
(c)
Reports described in subsections (a)(1) and (b) of this section must be made to
HHSC Complaint and Incident Intake.
(d) Written investigation reports described
in subsection (a)(4) of this section must be sent to HHSC Complaint and
Incident Intake no later than the fifth working day after the
initial.
(e) As a condition of
employment, an employee of a facility must sign a statement that states:
(1) the employee may be criminally liable for
failure to report abuses; and
(2)
the employee has a cause of action against a facility, its owners or employees
if the employee is suspended, terminated, disciplined, discriminated against,
or retaliated against, under the Texas Health and Safety Code, Title 4, §
260A.014, as a
result of:
(A) reporting to the employee's
supervisor, the administrator, HHSC, or a law enforcement agency a violation of
law, including a violation of laws or regulations regarding nursing facilities;
or
(B) initiating or cooperating in
any investigation or proceeding of a governmental entity relating to care,
services, or conditions at the nursing facility.
(f) The statements described in
subsection (e) of this section must be available for inspection by
HHSC.
(g) A local or state law
enforcement agency must be notified of reports described in subsection (b) of
this section that allege that:
(1) a
resident's health or safety is in imminent danger;
(2) a resident has recently died because of
conduct alleged in the report of abuse or neglect or other complaint;
(3) a resident has been hospitalized or
treated in an emergency room because of conduct alleged in the report of abuse
or neglect or other complaint;
(4)
a resident has been a victim of any act or attempted act described in the Texas
Penal Code, §§
21.02,
21.11,
22.011, or
22.021; or
(5) a resident has suffered bodily injury, as
that term is defined in the Texas Penal Code, §
1.07, because of conduct
alleged in the report of abuse or neglect or other complaint.
