(a) In this section, serious physical injury is defined
as in Chapter 711 of this title (relating to Investigations of Individuals
Receiving Services from Certain Providers).
(b) A facility must report any of the following incidents
to HHSC's Complaint and Incident Intake Section at 1-800-458-9858
within one hour after suspecting or learning of the incident:
(1) alleged (Class I) physical abuse of a resident,
as defined in Chapter 711 of this title, that caused or may have caused
serious physical injury;
(2) alleged (Class I) sexual abuse of a resident, as
defined in Chapter 711 of this title;
(3) sexual activity between residents resulting from
coercion, physical force, or taking advantage of the disability of
a resident;
(4) sexual activity involving a resident less than
18 years of age;
(5) the pregnancy of a resident;
(6) resident-to-resident aggression that results in
serious physical injury;
(7) the death of a resident; and
(8) a resident whose location has been unknown by the
facility for more than eight hours or less than eight hours if there
are circumstances that place the resident's health or safety at risk.
(c) Within five working days after making a report
described in subsection (b) of this section, the facility must ensure
an investigation of the incident is conducted and send a written investigation
report on Form 3613A, Provider Investigation Report, or a form containing,
at a minimum, the information required by Form 3613A, to HHSC's Complaint
and Incident Intake.
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Source Note: The provisions of this §551.213 adopted to be effective June 1, 2010, 35 TexReg 4469; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787 |