| (a) A program provider must:
(1) ensure that an individual and legally authorized
representative(LAR), at the time the individual begins receiving a
Home and Community-based Services (HCS) Program or Community First
Choice(CFC) service and at least annually thereafter, are:
(A) informed of how to report allegations of abuse,
neglect, or exploitation to:
(i) the Texas Department of Family and Protective Services
(DFPS)and given the toll-free telephone number, 1-800-647-7418, in
writing; and
(ii) HHSC Complaint and Incident Intake (CII) by calling
the toll-free telephone number, 1-800-458-9858; and
(B) educated about protecting the individual from abuse,
neglect, and exploitation;
(2) ensure that each staff member, service provider,
and volunteer are:
(A) trained and knowledgeable of:
(i) acts that constitute abuse, neglect, and exploitation;
(ii) signs and symptoms of abuse, neglect, and exploitation;
and
(iii) methods to prevent abuse, neglect, and exploitation;
(B) instructed to report to DFPS immediately, but not
later than one hour after having knowledge or suspicion, that an individual
has been or is being abused, neglected, or exploited, by:
(i) calling the DFPS Abuse Hotline toll-free telephone
number, 1-800-647-7418; or
(ii) using the DFPS Abuse Hotline website; and
(C) given the instructions described in subparagraph
(B) of this paragraph in writing;
(3) ensure that each staff member, service provider,
and volunteer sign an acknowledgement that they understand all individuals
must live free of abuse, neglect, and exploitation; and
(4) conduct the activities described in paragraph (2)
and (3) of this subsection before a staff member, service provider,
or volunteer assumes job duties and at least annually thereafter.
(b) Except as provided by §559.241(a) of this
title (relating to Reporting Abuse, Neglect, Exploitation, or Incidents
to HHSC), if a program provider, staff member, service provider, volunteer,
or controlling person knows or suspects an individual is being or
has been abused, neglected, or exploited, the program provider must
report or ensure that the person with knowledge or suspicion reports
the allegation of abuse, neglect, or exploitation to DFPS immediately,
but not later than one hour after having knowledge or suspicion, by:
(1) calling the DFPS Abuse Hotline toll-free telephone
number, 1-800-647-7418; or
(2) using the DFPS Abuse Hotline website.
(c) If a report required by subsection (b) of this
section alleges abuse, neglect, or exploitation by a person who is
not a service provider, staff member, volunteer, or controlling person,
a program provider must:
(1) assess the individual and allegation and as necessary:
(A) obtain appropriate medical or psychological services
for the individual; and
(B) assist in obtaining ongoing medical or psychological
services for the individual;
(2) discuss with the individual or LAR safety measures,
including alternative residential settings or individualized skills
and socialization providers that may help ensure the individual's
safety;
(3) when taking the actions described in paragraphs
(1) and (2) of this subsection, avoid compromising the investigation
or further traumatizing the individual; and
(4) preserve and protect evidence related to the allegation.
(d) If a report required by subsection (b) of this
section alleges abuse, neglect, or exploitation by a service provider,
staff member, volunteer, or controlling person; or if a program provider
is notified by HHSC of an allegation of abuse, neglect, or exploitation
by a service provider, staff member, volunteer, or controlling person,
the program provider must:
(1) assess the individual and allegation as necessary:
(A) obtain appropriate medical or psychological services
for the individual; and
(B) assist in obtaining ongoing medical or psychological
services for the individual;
(2) take actions to secure the safety of the individual,
including if necessary, ensuring that the alleged perpetrator does
not have contact with the individual or any other individual until
HHSC completes the investigation;
(3) when taking the actions described in paragraphs
(1) and (2) of this subsection, avoid compromising the investigation
or further traumatizing the individual;
(4) preserve and protect evidence related to the allegation;
and
(5) notify, as soon as possible, but no later than
24 hours after the program provider reports or is notified of the
allegation, the individual, the LAR, and the service coordinator of:
(A) the allegation report; and
(B) the actions the program provider has taken or will
take based on the allegation, the condition of the individual, and
the nature and severity of any harm to the individual, including the
actions required by paragraph (2) of this subsection.
(e) During an HHSC investigation of an alleged perpetrator
who is a service provider, staff member, volunteer, or controlling
person, a program provider must:
(1) cooperate with the investigation as requested by
HHSC, including providing documentation and participating in an interview;
(2) provide HHSC access to:
(A) sites owned, operated, or controlled by the program
provider;
(B) individuals, service providers, staff members,
volunteers, and controlling persons; and
(C) evidence pertinent to the investigation of the
allegation; and
(3) ensure that staff members, service providers, volunteers,
and controlling persons comply with paragraphs (1) and (2) of this
subsection.
(f) After a program provider receives a final investigative
report from HHSC for an investigation described in subsection (e)
of this section, the program provider must:
(1) if the allegation of abuse, neglect, or exploitation
is confirmed by HHSC:
(A) review the report, including any concerns and recommendations
by HHSC; and
(B) take action within the program provider's authority
to prevent the reoccurrence of abuse, neglect or exploitation, including
disciplinary action against the service provider, staff member, or
volunteer confirmed to have committed abuse, neglect, or exploitation;
(2) if the allegation of abuse, neglect, or exploitation
is unconfirmed, inconclusive, or unfounded:
(A) review the report, including any concerns and recommendations
by HHSC; and
(B) take appropriate action within the program provider's
authority, to ensure the individual's safety, as necessary;
(3) immediately, but not later than five calendar days
after the date the program provider receives the HHSC final investigative
report:
(A) notify the individual, the LAR, and the service
coordinator of:
(i) the investigation finding; and
(ii) the action taken by the program provider in response
to the HHSC investigation as required by paragraphs (1) and (2) of
this subsection; and
(B) notify the individual or LAR of:
(i) the process to appeal the investigation finding
as described in Chapter 711, Subchapter J of this title (relating
to Appealing the Investigation Finding); and
(ii) the process for requesting a copy of the investigative
report from the program provider;
(4) within 14 calendar days after the date the program
provider receives the final investigative report, complete and send
to HHSC the Form 8494, Notification Regarding
an Investigation of Abuse, Neglect or Exploitation, located
on the HHSC website; and
(5) upon request of the individual or LAR, provide
to the individual or LAR a copy of the HHSC final investigative report
after removing any information that would reveal the identity of the
reporter or of any individual who is not the alleged victim.
(g) The program provider must ensure the coordination
of services with the licensed individualized skills and socialization
provider, including information regarding abuse, neglect, and exploitation.
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