(a) This section applies in the CDS option to alleged
abuse, neglect, or exploitation by an attendant or substitute attendant:
(1) when an allegation is reported as required by §44.311(c)
of this chapter (relating to Provider Responsibilities Related to
the Abuse, Neglect, and Exploitation of an Individual in All CMPAS
Service Delivery Options);
(2) when an allegation is reported as required by §44.442
of this division (relating to Individual Responsibilities in the CDS
Option); or
(3) if a provider or individual is notified by HHSC
of an allegation.
(b) An individual must:
(1) obtain immediate and ongoing medical or psychological
services, as necessary;
(2) take actions to secure the individual's safety,
including if necessary, ensuring that the individual does not have
contact with the alleged perpetrator until HHSC completes the investigation;
(3) when taking the actions described in paragraphs
(1) and (2) of this subsection, avoid compromising the investigation
or causing further trauma to the individual;
(4) preserve and protect evidence related to the allegation,
including time sheets and other employee-related documentation;
(5) cooperate with the investigation as requested by
HHSC, including providing documentation and participating in an interview;
and
(6) ensure that attendants or substitute attendants
comply with paragraphs (4) and (5) of this subsection.
(c) A provider must:
(1) preserve and protect evidence related to the allegation,
including time sheets and other employee-related documentation;
(2) cooperate with the investigation as requested by
HHSC, including providing documentation and participating in an interview;
and
(3) ensure that staff persons and controlling persons
comply with paragraphs (1) and (2) of this subsection.
(d) A provider who receives an initial intake report
for an allegation of abuse, neglect, or exploitation described in
subsection (a) of this section, must:
(1) within four working days after receiving the report,
convene an IDT meeting in person or by phone to review the report
and discuss the actions the individual has taken or will take to protect
the individual during the HHSC investigation, which may include having
an attendant or substitute attendant other than the alleged perpetrator
provide services;
(2) document in writing any actions that have been
or will be taken as a result of the allegation; and
(3) if appropriate, offer the individual the choice
of receiving services through the traditional service option and consider
a suspension of services as described in §44.308 of this chapter
(relating to Suspension of Services), if the individual does not choose
the traditional service option.
(e) After a provider receives the final investigative
report from HHSC for an allegation of abuse, neglect, or exploitation
described in subsection (a) of this section, the provider must:
(1) within four working days after receiving the report,
if the report confirms the allegation, contains an inconclusive finding,
or includes concerns and recommendations by HHSC:
(A) convene an IDT meeting in person or by phone to
discuss the content of the report, including any concerns and recommendations
by HHSC; and
(B) document in writing any actions that have been
or will be taken by the individual as a result of the findings in
the report or the concerns and recommendations by HHSC;
(2) within five working days after receiving the report:
(A) use the report to complete Form 1719, Notification
of Investigatory Findings; and
(B) send the completed form to the alleged perpetrator;
and
(3) if appropriate, offer the individual the choice
of receiving services through the traditional service option and consider
a suspension of services, as described in §44.308 of this chapter,
if the individual does not choose the traditional service option.
(f) A provider must maintain in an individual's record
an initial intake report and a final investigative report received
from HHSC and a completed Form 1719.
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Source Note: The provisions of this §275.157 adopted 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 |