| (a) In the CDS option, an individual must:
(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.
(b) In the CDS option, if an individual knows or suspects
that the individual is being or has been abused, neglected, or exploited,
the individual must:
(1) report the abuse, neglect, or exploitation to DFPS
immediately, but not later than 24 hours, after the abuse, neglect,
or exploitation occurred by:
(A) calling the DFPS Abuse Hotline toll-free telephone
number, 1-800-252-5400; or
(B) using the DFPS Abuse Hotline website;
(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:
(A) calling the DFPS Abuse Hotline toll-free telephone
number, 1-800-252-5400; or
(B) using the DFPS Abuse Hotline website.
|
| Source Note: The provisions of this §275.155 adopted to be effective October 1, 2013, 38 TexReg 6606; amended to be effective October 1, 2019, 44 TexReg 5106; transferred effective August 1, 2022, as published in the Texas Register July 8, 2022, 47 TexReg 3983 |
