|(a) The program provider must have and implement written
policies and procedures that safeguard an individual against:
(1) infectious and communicable diseases;
(2) conflicts of interest with a service provider,
staff person, volunteer, or controlling person;
(3) abuse, neglect, and exploitation;
(4) acts of financial impropriety by a service provider,
staff person, volunteer, or controlling person; and
(5) deliberate damage of personal possessions by a
service provider, staff person, volunteer, or controlling person.
(b) A program provider must not use seclusion.
(c) A program provider must notify HHSC in writing
of an individual's death within 24 hours after learning of the death.
(d) A program provider, in accordance with the DBMD Program Manual, must report critical
incidents to HHSC using the CLASS/DBMD Notification of Critical Incidents
(e) A program provider must ensure a program director
who receives a copy of an HHSC initial intake report or a final investigative
report from an FMSA, in accordance with §41.702 of this title
(relating to Requirements Related to HHSC Investigations When an Alleged
Perpetrator is a Service Provider) or §41.703 of this title (relating
to Requirements Related to HHSC Investigations When an Alleged Perpetrator
is a Staff Person or a Controlling Person of an FMSA), sends a copy
of the report to the individual's case manager.
|Source Note: The provisions of this §42.401 adopted to be effective June 15, 2010, 35 TexReg 5042; amended to be effective September 1, 2014, 39 TexReg 6609; amended to be effective October 1, 2019, 44 TexReg 5083