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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 42DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER DADDITIONAL PROGRAM PROVIDER PROVISIONS
RULE §42.401Protection of Individual

(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 form.

(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

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