When HHSC determines that an employee committed reportable
conduct, HHSC must provide a written "Notice of Finding" to the employee.
The notice must include:
(1) a brief summary of the incident that resulted in
a confirmed or validated finding of abuse, neglect, or exploitation
and a brief explanation of why the finding meets the definition of
reportable conduct;
(2) a statement of the employee's right to dispute
the finding by filing a "Request for EMR Hearing" and the instructions
for doing so;
(3) a statement that HHSC will submit the employee's
name for inclusion in the EMR if the employee accepts the finding
of reportable conduct;
(4) an explanation of how the employee may obtain a
copy of the investigation records;
(5) a statement that a person whose name is recorded
in the registry is prohibited by law from working for certain facilities
or agencies, as provided under Chapters 250 and 253, Health and Safety
Code;
(6) a statement that HHSC may determine that this situation
is an emergency and that the case information or finding may be released
immediately to the agency where the employee is or was employed so
that the agency may take any precautions it determines necessary to
protect clients or persons served;
(7) a statement that HHSC reserves the right to make
an emergency release of the findings to any subsequent employer of
the employee if the employee has access to similar clients or persons
served;
(8) a statement that the employee is responsible for
keeping HHSC timely informed of the employee's current employment
and residential contact information, including addresses and phone
numbers, pending the outcome of any appeal filed by the employee;
and
(9) a statement that if the employee fails, without
good cause, to file a timely request for an EMR hearing, the employee
will be deemed to have waived the employee's rights to dispute the
finding and the employee's name will be submitted to the EMR.
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