Yes; the victim or alleged victim, guardian, or parent (if
the victim or alleged victim is a child) is notified of the finding
of the investigation and the method to appeal the finding.
(1) For facilities, community centers, local authorities,
and HCS waiver program or TxHmL waiver program providers providing
services to an individual enrolled in the HCS or TxHmL waiver programs,
the notification is made in accordance with the following rules of
DADS and DSHS:
(A) for state hospitals and the mental health services
of the Rio Grande State Center--25 TAC §417.510 (relating to
Completion of the Investigation);
(B) for state supported living centers and the ICF-IID
component of the Rio Grande State Center--40 TAC §3.305(c) (relating
to Completion of an Investigation);
(C) for local authorities and community centers--25
TAC §414.555 and 40 TAC §4.555 (relating to Information
To Be Provided to Victim or Alleged Victim and Others);
(D) for HCS waiver programs--40 TAC Chapter 9, Subchapter
D (relating to Home and Community-based Services (HCS) program;
(E) for TxHmL waiver programs--40 TAC Chapter 9, Subchapter
N (relating to Texas Home Living (TxHmL) program); or
(F) for licensed ICFs-IID--40 TAC Chapter 90, Subchapter
G (relating to Abuse, Neglect, and Exploitation; Complaint and Incident
Reports and Investigations); and
(2) For all other service providers, the investigator
makes the notification within 5 business days following the date the
investigation report was signed and dated by the investigator.
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| Source Note: The provisions of this §711.611 adopted to be effective May 1, 2001, 26 TexReg 2755; amended to be effective March 1, 2008, 33 TexReg 1360; amended to be effective June 1, 2010, 35 TexReg 4180; amended to be effective September 1, 2012, 37 TexReg 6322; amended to be effective June 1, 2014, 39 TexReg 3878; amended to be effective September 1, 2016, 41 TexReg 6218; transferred effective June 15, 2019, as published in the Texas Register May 24, 2019, 44 TexReg 2617 |
