| (a) If a report required by §259.317 of this subchapter
(relating to CMA: Reporting Allegations of Abuse, Neglect, or Exploitation
of an Individual) alleges abuse, neglect, or exploitation by a person
who is not a staff person, volunteer, or controlling person of a CMA,
the CMA must:
(1) as necessary:
(A) obtain immediate 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 alternative
residential settings and additional services 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.
(b) If a report required by §259.317 of this subchapter
alleges abuse, neglect, or exploitation of an individual by a staff
person, volunteer, or controlling person of a CMA; or if the CMA is
notified by HHSC of an allegation of abuse, neglect, or exploitation
by a staff person, volunteer, or controlling person of the CMA, the
CMA must:
(1) as necessary:
(A) obtain immediate 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 of the
abuse, neglect, or exploitation 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) as soon as possible, but no later than 24 hours,
after the CMA reports or is notified of the allegation, notify the
individual, the LAR, and the DSA of:
(A) the allegation report; and
(B) the actions the CMA 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.
(c) During an HHSC investigation of an alleged perpetrator
who is a staff person, volunteer, or controlling person of a CMA,
the CMA 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 CMA;
(B) individuals, staff persons, volunteers, and controlling
persons; and
(C) records pertinent to the investigation of the allegation;
and
(3) ensure that staff persons, volunteers, and controlling
persons of the CMA comply with paragraphs (1) and (2) of this subsection.
(d) After a CMA receives a final investigative report
from HHSC for an investigation described in subsection (c) of this
section, the CMA 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 CMA's authority to prevent
the reoccurrence of abuse, neglect or exploitation, including disciplinary
action against a staff person or volunteer of the CMA 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 CMA's authority,
as necessary; and
(3) immediately, but not later than five calendar days
after the date the CMA receives the HHSC final investigative report,
notify the individual and the LAR of:
(A) the investigation finding; and
(B) the action taken by the CMA in response to the
HHSC investigation as required by paragraphs (1) and (2) of this subsection.
(e) A CMA must not retaliate against:
(1) a staff person, an 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) the use of seclusion; and
(B) the 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) the use of seclusion; and
(B) the use of a restraint not in compliance with federal
and state laws, rules, and regulations.
|
