(a) If a report required by §259.369 of this subchapter
(relating to DSA: Reporting Allegations of Abuse, Neglect, or Exploitation
of an Individual) alleges abuse, neglect, or exploitation by a person
who is not a service provider, staff person, volunteer, or controlling
person of a DSA, the DSA 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 §259.369 of this subchapter
alleges abuse, neglect, or exploitation by a service provider, staff
person, volunteer, or controlling person of a DSA; or if the DSA is
notified by HHSC of an allegation of abuse, neglect, or exploitation
by a service provider, staff person, volunteer, or controlling person
of the DSA, the DSA 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 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 DSA reports or is notified of the allegation, notify the
individual, the LAR, and the case manager of:
(A) the allegation report; and
(B) the actions the DSA 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 service provider, staff person, volunteer, or controlling
person of the DSA, a DSA 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 DSA;
(B) individuals, service providers, staff persons,
volunteers, and controlling persons; and
(C) records pertinent to the investigation of the allegation;
and
(3) ensure that service providers, staff persons, volunteers,
and controlling persons of the DSA comply with paragraphs (1) and
(2) of this subsection.
(d) After a DSA receives a final investigative report
from HHSC for an investigation described in subsection (c) of this
section, the DSA 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 DSA's authority to prevent
the reoccurrence of abuse, neglect or exploitation, including disciplinary
action against the service provider, staff person, or volunteer of
the DSA 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 DSA's authority,
as necessary; and
(3) immediately, but not later than five calendar days
after the date the DSA receives the HHSC final investigative report,
notify the individual, the LAR, and the case manager of:
(A) the investigation finding; and
(B) the action taken by the DSA in response to the
HHSC investigation as required by paragraphs (1) and (2) of this subsection.
(e) A DSA must not retaliate against:
(1) a service provider, staff person, 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.
(f) At least annually, a DSA must:
(1) review all final investigative reports from HHSC
for investigations described in subsection (c) of this section 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; and
(2) evaluate critical incident data reported in accordance
with §259.353(b) of this subchapter (relating to DSA: Protection
of an Individual) and identify program process improvements that help
prevent the occurrence of critical incidents and improve service delivery.
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