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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 §711.1434What special considerations apply to employees of state-operated facilities?

(a) The sole way to dispute a finding of reportable conduct and submission of the employee's name to the EMR is provided by the procedures in this subchapter. A Request for EMR hearing filed under this subchapter is not a request for a grievance on disciplinary action from an employer.

(b) If an employee of a state-operated facility is notified by the employer that the employee is entitled to a grievance on disciplinary action based on a finding of reportable conduct by HHSC, the employee makes a separate request for a grievance hearing in accordance with the employment policies of the employer. A request for a grievance on disciplinary action will not be considered a request for an EMR hearing under this subchapter.

(c) When an employee files both a Request for EMR hearing under this subchapter and a grievance on disciplinary action based on HHSC's finding of reportable conduct, the EMR hearing will take place prior to the grievance hearing.

(d) The outcome of a grievance on disciplinary action will not change HHSC's finding of reportable conduct.


Source Note: The provisions of this §711.1434 adopted to be effective July 5, 2020, 45 TexReg 4525

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