(a) A CMA must have and implement written policies
and procedures that safeguard an individual against:
(1) infectious and communicable diseases;
(2) conflicts of interest with a staff person, volunteer,
or controlling person of the CMA;
(3) abuse, neglect, and exploitation;
(4) acts of financial impropriety by a staff person,
volunteer, or controlling person of the CMA; and
(5) deliberate damage of personal possessions by a
staff person, volunteer, or controlling person of the CMA.
(b) A CMA must report a critical incident to HHSC and
the DSA in accordance with the Appendix XIII of the Community Living Assistance and Support Services
Provider Manual using the HHSC CLASS/DBMD Notification of Critical
Incidents form.
(c) A CMA program director who receives a copy of an
HHSC initial intake report or a final investigative report from an
FMSA in accordance with 40 TAC §41.702 (relating to Requirements
Related to HHSC Investigations When an Alleged Perpetrator is a Service
Provider) or 40 TAC §41.703 (relating to Requirements Related
to HHSC Investigations When an Alleged Perpetrator is a Staff Person
or a Controlling Person of an FMSA) must give a copy of the report
to the individual's case manager.
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