Current through Reg. 49, No. 38; September 20, 2024
(a) A provider, before providing services to
an individual and on an annual basis, must:
(1) inform the individual and representative
of how to report allegations of abuse, neglect, or exploitation to DFPS and
provide the individual with the DFPS Abuse Hotline toll-free telephone number,
1-800-252-5400, in writing; and
(2)
educate the individual and representative about how to protect the individual
from abuse, neglect, and exploitation.
(b) Before a staff person assumes job duties,
and on at least an annual basis, a provider must:
(1) train a staff person:
(A) about acts that constitute abuse,
neglect, and exploitation;
(B)
about signs and symptoms of abuse, neglect, and exploitation;
(C) about methods to prevent abuse, neglect,
and exploitation; and
(D) to report
to DFPS immediately, but not later than 24 hours, after the staff person has
knowledge or suspects that an individual is being or has been abused,
neglected, or exploited by:
(i) calling the
DFPS Abuse Hotline toll-free telephone number, 1-800-252-5400; or
(ii) using the DFPS Abuse Hotline website;
and
(2)
provide the staff person with the reporting requirements described in paragraph
(1)(D) of this subsection in writing.
(c) If a provider, staff person, or
controlling person knows or suspects that an individual is being or has been
abused, neglected, or exploited, the provider must report, or ensure that the
person with knowledge or suspicion reports, the allegation of abuse, neglect,
or exploitation to DFPS immediately, but not later than 24 hours, after having
knowledge or suspicion by:
(1) calling the
DFPS Abuse Hotline toll-free telephone number, 1-800-252-5400; or
(2) using the DFPS Abuse Hotline
website.
(d) If a report
required by subsection (c) of this section alleges abuse, neglect, or
exploitation of an individual, or if the provider is notified of an allegation
of abuse, neglect, or exploitation, the provider must:
(1) take necessary actions to secure the
safety of the individual; and
(2)
as soon as possible, but no later than 24 hours, after the provider reports or
is notified of the allegation, notify the individual or LAR of:
(A) the allegation report; and
(B) the actions the provider has taken or
will take based on the allegation, the condition of the individual, and the
nature and severity of any harm to the individual, including the actions
required under this subsection.
(e) A provider must not retaliate against:
(1) a staff person, individual, or other
person who files a complaint, presents a grievance, or otherwise provides good
faith information relating to the possible abuse, neglect, or exploitation of
an individual, including the use of restraint or seclusion; or
(2) an individual because a person on behalf
of the individual files a complaint, presents a grievance, or otherwise
provides good faith information relating to the possible abuse, neglect, or
exploitation of an individual, including the use of restraint or
seclusion.
(f) A
provider, on at least an annual basis, must:
(1) review all reports of abuse, neglect, or
exploitation of an individual of which the provider is notified and all final
investigative reports received from HHSC for an investigation described in
§ 44.443 of this chapter (relating to Provider and Individual
Responsibilities in the CDS Option Related to HHSC Investigations When an
Alleged Perpetrator is an Attendant or Substitute Attendant) and § 44.444
of this chapter (relating to Provider and Individual Responsibilities in the
CDS Option Related to HHSC Investigations When an Alleged Perpetrator is a
Staff Person or a Controlling Person of a Provider); and
(2) based on the review, identify program
process improvements that help prevent the occurrence of abuse, neglect, and
exploitation and improve the delivery of services.
