Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 558 - LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
Subchapter C - MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
Division 3 - AGENCY ADMINISTRATION
Section 558.250 - Agency Investigations
Universal Citation: 26 TX Admin Code ยง 558.250
Current through Reg. 49, No. 38; September 20, 2024
(a) Written policy.
(1) An agency must adopt and
enforce a written policy relating to the agency's procedures for investigating
complaints and reports of abuse, neglect, and exploitation.
(2) The policy must meet the requirements of
this section.
(b) Reports of abuse, neglect, and exploitation (ANE).
(1) Immediately upon witnessing the act or
upon receipt of the allegation, an agency must initiate an investigation of
known and alleged acts of ANE by agency employees, including volunteers and
contractors.
(2) An agency must
complete an HHSC Provider Investigation Report form and include the following
information:
(A) incident date;
(B) the name of the alleged victim;
(C) the age of the alleged victim
at the time of the incident;
(D)
the name of the alleged perpetrator;
(E) any witnesses;
(F) the allegation;
(G) any injury or adverse effect;
(H) any assessments made;
(I) any treatment required;
(J) the investigation summary; and
(K) any action taken.
(3) An agency must send the completed HHSC
Provider Investigation Report form to HHSC Complaint Intake Unit no later than
the 10th day after reporting the act to the Department of Family and Protective
Services and HHSC.
(c) Agency complaint investigations.
(1) An agency
must investigate complaints made by a client, a client's family or guardian, or
a client's health care provider, in accordance with this subsection, regarding:
(A) treatment or care that was furnished by
the agency;
(B) treatment or care
that the agency failed to furnish; or
(C) a lack of respect for the client's
property by anyone furnishing services on behalf of the agency.
(2) An agency must:
(A) document receipt of the complaint and
initiate a complaint investigation within 10 days after the agency's receipt of
the complaint; and
(B) document all
components of the investigation.
(d) Completing agency investigations. An agency must complete the investigation and documentation within 30 days after the agency receives a complaint or report of abuse, neglect, and exploitation, unless the agency has and documents reasonable cause for a delay.
(e) Retaliation.
(1) An agency may not retaliate against a
person for filing a complaint, presenting a grievance, or providing, in good
faith, information relating to home health, hospice, or personal assistance
services provided by the agency.
(2) An agency is not prohibited from
terminating an employee for a reason other than retaliation.
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.
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