(a) A provider, before providing services to an individual
and on an annual basis, must:
(1) inform the individual and representative of how
to report allegations of abuse, neglect, or exploitation to DFPS and
provide the individual with the DFPS Abuse Hotline toll-free telephone
number, 1-800-252-5400, in writing; and
(2) educate the individual and representative about
how to protect the individual from abuse, neglect, and exploitation.
(b) Before a staff person assumes job duties, and on
at least an annual basis, a provider must:
(1) train a staff person:
(A) about acts that constitute abuse, neglect, and
exploitation;
(B) about signs and symptoms of abuse, neglect, and
exploitation;
(C) about methods to prevent abuse, neglect, and exploitation;
and
(D) to report to DFPS immediately, but not later than
24 hours, after the staff person has knowledge or suspects that an
individual is being or has been abused, neglected, or exploited by:
(i) calling the DFPS Abuse Hotline toll-free telephone
number, 1-800-252-5400; or
(ii) using the DFPS Abuse Hotline website; and
(2) provide the staff person with the reporting requirements
described in paragraph (1)(D) of this subsection in writing.
(c) If a provider, staff person, or controlling person
knows or suspects that an individual is being or has been abused,
neglected, or exploited, the 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 24 hours, after having knowledge or suspicion by:
(1) calling the DFPS Abuse Hotline toll-free telephone
number, 1-800-252-5400; or
(2) using the DFPS Abuse Hotline website.
(d) If a report required by subsection (c) of this
section alleges abuse, neglect, or exploitation of an individual,
or if the provider is notified of an allegation of abuse, neglect,
or exploitation, the provider must:
(1) take necessary actions to secure the safety of
the individual; and
(2) as soon as possible, but no later than 24 hours,
after the provider reports or is notified of the allegation, notify
the individual or LAR of:
(A) the allegation report; and
(B) the actions the 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 under this subsection.
(e) A provider must not retaliate against:
(1) a 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 the use of restraint or seclusion; or
(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 the use of restraint or seclusion.
(f) A provider, on at least an annual basis, must:
(1) review all reports of abuse, neglect, or exploitation
of an individual of which the provider is notified and all final investigative
reports received from HHSC for an investigation described in §44.443
of this chapter (relating to Provider and Individual Responsibilities
in the CDS Option Related to HHSC Investigations When an Alleged
Perpetrator is an Attendant or Substitute Attendant) and §44.444
of this chapter (relating to Provider and Individual Responsibilities
in the CDS Option Related to HHSC Investigations When an Alleged Perpetrator
is a Staff Person or a Controlling Person of a Provider); and
(2) based on the review, identify program process improvements
that help prevent the occurrence of abuse, neglect, and exploitation
and improve the delivery of services.
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