Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES
Chapter 44 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES
Subchapter D - SERVICE DELIVERY OPTIONS
Division 3 - CONSUMER DIRECTED OPTION
Section 44.442 - Individual Responsibilities in the CDS Option

(1) comply with the requirements in § 44.307 of this chapter (relating to Individual Responsibilities in All CMPAS Service Delivery Options);

(2) perform the employer responsibilities described in Chapter 41 of this title (relating to Consumer Directed Services Option), with the exception of the responsibilities described in Chapter 41, Subchapter G of this title (relating to Allegations of Abuse, Neglect and Exploitation);

(3) train each attendant and substitute attendant, during the initial orientation and on an annual basis, regarding abuse, neglect, and exploitation, as described in HHSC Form 1732, Management and Training of Service Provider;

(4) sign and date Form 1732 and have the attendant or substitute attendant sign and date the form to document completion of the training; and

(5) send a copy of the signed form to the provider within 30 days after the date the form is signed by the individual and the attendant or substitute attendant.

(1) report the abuse, neglect, or exploitation to DFPS immediately, but not later than 24 hours, after the abuse, neglect, or exploitation occurred by:

(2) take actions to secure the individual's safety;

(3) obtain immediate and ongoing medical or psychological services, as necessary;

(4) when taking the actions described in paragraphs (2) and (3) of this subsection, avoid compromising the investigation or causing further trauma to the individual;

(5) preserve and protect evidence related to the allegation; and

(6) ensure an attendant or substitute attendant who knows or suspects that the individual is being or has been abused, neglected, or exploited, reports the allegation of abuse, neglect, or exploitation to DFPS immediately, but not later than 24 hours, after having knowledge or suspicion by: