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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 711INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS
SUBCHAPTER LEMPLOYEE MISCONDUCT REGISTRY
RULE §711.1429How and when is the decision made after the EMR hearing?

(a) The administrative law judge will prepare a "Hearing Order" which will be mailed to the employee at the employee's last known mailing address. The Hearing Order must contain the following:

  (1) separate statements of the findings of fact and conclusions of law that uphold, reverse, or modify the findings as to whether:

    (A) the employee committed abuse, neglect, or financial exploitation; and

    (B) the abuse, neglect, or financial exploitation committed by the employee meets the definition of reportable conduct; and

  (2) if reportable conduct is found to have occurred:

    (A) a statement of the right of the employee to seek judicial review of the order; and

    (B) a statement that the finding of reportable conduct will be forwarded to HHSC to be recorded in the EMR unless the employee timely files a petition for judicial review as provided in §711.1431 of this subchapter (relating to How is judicial review requested and what is the deadline?).

(b) The executive commissioner may designate a Hearing Order to be published in an Index of Hearing Orders that are deemed to have precedential authority for guiding future decisions and HHSC policy. A Hearing Order must be edited to remove all personal identifying information before publication in the Index of Hearing Orders.


Source Note: The provisions of this §711.1429 adopted to be effective July 5, 2020, 45 TexReg 4525

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