Current through Reg. 49, No. 52; December 27, 2024
(a) The Texas Health and Human Services
Commission (HHSC) enters the information described in subsection (c) of this
section in the Employee Misconduct Registry (EMR):
(1) when HHSC investigates and all applicable
due process procedures are completed for a substantiated finding of reportable
conduct;
(2) as required by Texas
Health and Safety Code (THSC) §253.0075, when HHSC receives notice of a
finding of reportable conduct from the Texas Department of Family and
Protective Services (DFPS);
(3) as
a finding of reportable conduct when HHSC finds that a nurse aide working in a
nursing facility has committed abuse, neglect, or misappropriation (as those
terms are defined in § 561.2 of this chapter (relating to Definitions))
and HHSC lists the nurse aide's certification as revoked on the Nurse Aide
Registry (NAR); or
(4) at HHSC's
discretion in accordance with THSC §253.007(b), if an agency of another
state or the federal government finds that an employee has committed an act
that constitutes reportable conduct.
(b) HHSC does not offer an informal review
(IR), as described in § 561.6 of this chapter (relating to Informal
Review), or an administrative hearing, as described in § 561.7 of this
chapter (relating to Reportable Conduct Finding and Notice and Opportunity for
Administrative Hearing), to an employee regarding a finding of reportable
conduct described in §561.8(a)(2), (3), or (4) before entering employee
information related to the finding in the EMR.
(1) For a finding under subsection (a)(2) or
(4) of this section, the Texas Department of Family and Protective Services,
the federal government, or an agency of another state provides any due process
required by its laws, rules, or regulations before sending a finding to
HHSC.
(2) For a finding under
subsection (a)(3) of this section, HHSC provides due process before listing a
nurse aide's certification as revoked in the NAR in accordance with Title 26,
Texas Administrative Code §
556.12(relating
to Findings and Inquiries).
(c) The following information is entered in
the EMR in accordance with THSC §253.007 (relating to Employee Misconduct
Registry):
(2) the employee's address;
(3) the employee's social security
number;
(4) the name of the
facility or agency, or a notation that the employee was an employee of an
individual employer;
(5) the
address of the facility or agency, or the city and state of the individual
employer;
(6) the date the
reportable conduct occurred; and
(7) a description of the reportable
conduct.
