(a) The investigator sends a copy of the investigative
report to:
(1) The notification contact identified in §711.401(a)
of this title (relating to Who and When does the investigator notify
for allegations of abuse, neglect, or exploitation and when is the
identity of the reporter revealed?) with the identity of the reporter
revealed in accordance with §711.401(b);
(2) The appropriate health and human service agency
including:
(A) HHSC for investigations involving managed care
organization members;
(B) DADS State Office, if the investigation involves:
(i) A state supported living center;
(ii) An HCS waiver program or TxHmL waiver program
providers; or
(iii) Licensed ICF-IID; and
(C) DSHS State Office, if the investigation involves:
(i) Youth Empowerment Services (YES) waiver program,
the waiver authorized under 1915c of the Social Security Act; or
(ii) Home and Community-based Services-Adult Mental
Health Program (HCBS-AMH), the program authorized under 1915i of the
Social Security Act;
(3) The DADS Assistant Commissioner of state supported
living centers (SSLC) or the DSHS Assistant Commissioner for Mental
Health and Substance Abuse Services or their designee for an investigation
in a facility, as applicable;
(4) Local law enforcement when an individual receiving
services has been abused, neglected, or exploited in a manner that
constitutes a criminal offense under any law, including Texas Penal
Code §22.04;
(5) The Office of the Inspector General when an individual
receiving services at a state hospital, SSLC, or ICF-IID component
of the Rio Grande State Center has been abused, neglected, or exploited
in a manner that constitutes a criminal offense under any law; and
(6) The state office of Adult Protective Services for
any confirmed finding against a licensed professional except for investigations
involving licensed professionals employed at a state hospital or state
supported living center.
(b) The state office of APS forwards a copy of the
report received under subsection (a)(6) of this section to the appropriate
professional licensing board.
(c) A provider who contracts with a managed care organization
must forward any completed investigation report received under subsection
(a) of this section to the managed care organization with which the
provider contracts for services for the alleged victim.
(d) Law enforcement or a prosecutor may request that
DFPS delay the release of the investigative report, or may request
that DFPS delay forwarding a copy of the report to the appropriate
licensing authority.
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Source Note: The provisions of this §711.605 adopted 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 |