| (a) In response to allegations of abuse, neglect, exploitation,
or mistreatment, the facility must:
(1) ensure that all alleged violations involving abuse,
neglect, exploitation or mistreatment, including injuries of unknown
source and misappropriation of resident property are reported:
(A) immediately to the administrator of the facility
and to HHSC Complaint and Incident Intake, but no later than two hours
after the allegation is made, if the events that cause the allegation
involve abuse, or result in serious bodily injury; or
(B) no later than 24 hours after the allegation is
made to the administrator of the facility and to HHSC Complaint and
Incident Intake, if the events that cause the allegation do not involve
abuse and do not result in serious bodily injury;
(2) conduct an investigation of the reported acts and
have evidence that all alleged violations are thoroughly investigated;
(3) prevent further potential abuse, neglect, exploitation,
or mistreatment while the investigation is in progress; and
(4) report the results of all investigations to the
administrator or the administrator's designee and to HHSC Complaint
and Incident Intake within five working days of the incident and,
if the alleged violation is verified, take appropriate corrective
action.
(b) A facility owner or employee who has cause to believe
that the physical or mental health or welfare of a resident has been
or may be adversely affected by abuse, neglect, or exploitation caused
by another person must report the abuse, neglect, or exploitation.
(c) Reports described in subsections (a)(1) and (b)
of this section must be made to HHSC Complaint and Incident Intake.
(d) Written investigation reports described in subsection
(a)(4) of this section must be sent to HHSC Complaint and Incident
Intake no later than the fifth working day after the initial.
(e) As a condition of employment, an employee of a
facility must sign a statement that states:
(1) the employee may be criminally liable for failure
to report abuses; and
(2) the employee has a cause of action against a facility,
its owners or employees if the employee is suspended, terminated,
disciplined, discriminated against, or retaliated against, under the
Texas Health and Safety Code, Title 4, §260A.014, as a result
of:
(A) reporting to the employee's supervisor, the administrator,
HHSC, or a law enforcement agency a violation of law, including a
violation of laws or regulations regarding nursing facilities; or
(B) initiating or cooperating in any investigation
or proceeding of a governmental entity relating to care, services,
or conditions at the nursing facility.
(f) The statements described in subsection (e) of this
section must be available for inspection by HHSC.
(g) A local or state law enforcement agency must be
notified of reports described in subsection (b) of this section that
allege that:
(1) a resident's health or safety is in imminent danger;
(2) a resident has recently died because of conduct
alleged in the report of abuse or neglect or other complaint;
(3) a resident has been hospitalized or treated in
an emergency room because of conduct alleged in the report of abuse
or neglect or other complaint;
(4) a resident has been a victim of any act or attempted
act described in the Texas Penal Code, §§21.02, 21.11, 22.011,
or 22.021; or
(5) a resident has suffered bodily injury, as that
term is defined in the Texas Penal Code, §1.07, because of conduct
alleged in the report of abuse or neglect or other complaint.
|
| Source Note: The provisions of this §554.602 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective March 1, 1998, 23 TexReg 1314; amended to be effective October 15, 1998, 23 TexReg 10496; amended to be effective August 1, 2000, 25 TexReg 6779; amended to be effective September 1, 2003, 28 TexReg 6939; amended to be effective May 1, 2004, 29 TexReg 3235; amended to be effective October 31, 2013, 38 TexReg 7465; amended to beeffectiveMarch 24, 2020, 45 TexReg 2025; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871 |
