| (a) Before providing services to an individual in a
residence in which supervised living or residential support is provided,
and annually thereafter, the program provider must:
(1) conduct an on-site inspection to ensure that, based
on the individual's needs, the environment is safe, accessible and
suited for the individual's abilities, and complies with applicable
federal, state, and local regulations for the community in which the
individual lives;
(2) complete any action identified in the on-site inspection
for a residence in which supervised living or residential support
will be provided:
(A) before an individual moves in; or
(B) within 30 days if an individual is already in the
residence; and
(C) document justification for any actions that cannot
be completed before the individual moving in or within 30 days with
a plan for completion.
(b) Before providing services to an individual in a
residence in which host home/companion care is provided and quarterly
thereafter, the program provider must:
(1) conduct an on-site inspection to ensure that, based
on the individual's needs, the environment is safe, accessible, and
suited for the individual's abilities and needs, and complies with
applicable federal, state, and local regulations for the community
in which the individual lives; and
(2) require proof of completion of any action identified
in the on-site inspection for a residence in which host home/companion
care will be provided to ensure that the residence meets the needs
of the individual:
(A) before an individual moves in; or
(B) within 30 days if an individual is already in the
residence; and
(C) document justification for any actions that cannot
be completed before the individual moving in or within 30 days and
include a plan for completion.
(c) The program provider must establish an ongoing
consumer/advocate advisory committee composed of individuals, legally
authorized representatives (LARs), community representatives, and
family members that meets at least quarterly. The committee:
(1) at least annually, reviews the information provided
to the committee by the program provider in accordance with subsection(l)(6)
of this section; and
(2) based on the information reviewed, makes recommendations
to the program provider for improvements to the processes and operations
of the program provider.
(d) The program provider must make available all records,
reports, and other information related to the delivery of HCS Program
and CFC services as requested by the Texas Health and Human Services
Commission (HHSC), other authorized agencies, or the Centers for Medicare
and Medicaid and deliver such items, as requested, to a specified
location or delivered electronically if available.
(e) The program provider must establish a procedure
to assess at least annually the satisfaction of all individuals and
LARs in the program provider's services and act within 60 days regarding
any areas of dissatisfaction.
(f) The program provider must comply with 40 Texas
Administrative Code (TAC) §49.309 (relating to Complaint Process).
(g) In all respite facilities and all residences in
which a service provider of residential assistance or the program
provider hold a property interest, the program provider must post
in a conspicuous location:
(1) the name, address, and telephone number of the
program provider;
(2) the effective date of the contract; and
(3) the name of the legal entity named on the contract.
(h) A program provider must report the death of an
individual:
(1) to HHSC and the local intellectual and developmental
disability authority by the end of the next business day after the
program provider becomes aware of the death; and
(2) if the program provider reasonably believes that
the LAR does not know of the individual's death, to the LAR as soon
as possible, but not later than 24 hours after the program provider
becomes aware of the death.
(i) A program provider must not retaliate against:
(1) a staff member, service provider, individual, or
other person who files a complaint, presents a grievance, or otherwise
provides good faith information relating to the possible abuse, neglect,
or exploitation of an individual, including:
(A) use of seclusion; and
(B) use of a restraint not in compliance with federal
and state laws, rules, and regulations; and
(2) an individual because a person on behalf of the
individual files a complaint, presents a grievance, or otherwise provides
good faith information relating to the possible abuse, neglect, or
exploitation of an individual, including:
(A) use of seclusion; and
(B) use of a restraint not in compliance with federal
and state laws, rules, and regulations.
(j) A program provider must enter critical incident
data in the HHSC data system no later than the last calendar day of
the month that follows the month being reported in accordance with
HHSC guidance found on the HHSC website.
(k) A program provider must ensure that:
(1) the name and phone number of an alternate to the
Chief Executive Officer (CEO) of the program provider is entered in
the HHSC data system; and
(2) the alternate to the CEO:
(A) performs the duties of the CEO during the CEO's
absence; and
(B) acts as the contact person in an HHSC investigation
if the CEO is named as an alleged perpetrator of abuse, neglect, or
exploitation of an individual, and complies with§565.31(d) -
(f) of this subchapter (relating to Requirements Related to the Abuse,
Neglect, and Exploitation).
(l) At least annually, the program provider must:
(1) evaluate information about the satisfaction of
individuals and LARs with the program provider's services and identify
program process improvements to increase the satisfaction;
(2) review complaints, as described in 40 TAC §49.309,
and identify program process improvements to reduce the need for filing
complaints;
(3) review all final investigative reports from HHSC
and, based on the review, identify program process improvements that
help prevent the occurrence of abuse, neglect, and exploitation and
improve the delivery of services;
(4) review the reasons for terminating HCS Program
or CFC services and identify any related need for program process
improvements;
(5) evaluate critical incident data described in subsection
(j) of this section, compare the program provider's use of restraint
to aggregate data provided by HHSC on the HHSC website, and identify
program process improvements that help prevent the reoccurrence of
restraints and improve service delivery;
(6) provide all information the program provider reviewed,
evaluated, and created as described in paragraphs (1) - (5) of this
subsection to the consumer/advocate advisory committee required by
subsection (c) of this section;
(7) implement any program process improvements identified
by the program provider in accordance with this subsection; and
(8) review recommendations made by the consumer/advocate
advisory committee as described in subsection (c)(2) of this section
and implement the recommendations approved by the program provider.
(m) The program provider must ensure that all personal
information concerning an individual is kept confidential, such as
lists of names, addresses, and records obtained by the program provider,
and that the use or disclosure of such information and records is
limited to purposes directly connected with the administration of
the program provider's HCS Program or provision of CFC services and
is otherwise neither directly nor indirectly used or disclosed unless
the consent of the individual to whom the information applies or the
individual's LAR is obtained beforehand.
(n) The program provider must include the individual
or LAR in planning the individual's residential relocation, except
in cases of emergency.
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