(a) The Texas Health and Human Services Commission
(HHSC) enters the information described in subsection (c) of this
section in the Employee Misconduct Registry (EMR):
(1) when HHSC investigates and all applicable due process
procedures are completed for a substantiated finding of reportable
conduct;
(2) as required by Texas Health and Safety Code (THSC) §253.0075,
when HHSC receives notice of a finding of reportable conduct from
the Texas Department of Family and Protective Services (DFPS);
(3) as a finding of reportable conduct when HHSC finds
that a nurse aide working in a nursing facility has committed abuse,
neglect, or misappropriation (as those terms are defined in §561.2
of this chapter (relating to Definitions)) and HHSC lists the nurse
aide's certification as revoked on the Nurse Aide Registry (NAR);
or
(4) at HHSC's discretion in accordance with THSC §253.007(b),
if an agency of another state or the federal government finds that
an employee has committed an act that constitutes reportable conduct.
(b) HHSC does not offer an informal review (IR), as
described in §561.6 of this chapter (relating to Informal Review),
or an administrative hearing, as described in §561.7 of this
chapter (relating to Reportable Conduct Finding and Notice and Opportunity
for Administrative Hearing), to an employee regarding a finding of
reportable conduct described in §561.8(a)(2), (3), or (4) before
entering employee information related to the finding in the EMR.
(1) For a finding under subsection (a)(2) or (4) of
this section, the Texas Department of Family and Protective Services,
the federal government, or an agency of another state provides any
due process required by its laws, rules, or regulations before sending
a finding to HHSC.
(2) For a finding under subsection (a)(3) of this section,
HHSC provides due process before listing a nurse aide's certification
as revoked in the NAR in accordance with Title 26, Texas Administrative
Code §556.12 (relating to Findings and Inquiries).
(c) The following information is entered in the EMR
in accordance with THSC §253.007 (relating to Employee Misconduct
Registry):
(1) the employee's name;
(2) the employee's address;
(3) the employee's social security number;
(4) the name of the facility or agency, or a notation
that the employee was an employee of an individual employer;
(5) the address of the facility or agency, or the city
and state of the individual employer;
(6) the date the reportable conduct occurred; and
(7) a description of the reportable conduct.
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