| (a) A provider must:
(1) ensure that an individual and representative are,
before or at the time the individual begins receiving services and
at least once every 12 months thereafter:
(A) informed of how to report allegations of abuse,
neglect, or exploitation to DFPS and are provided with the Abuse Hotline
toll-free telephone number, 1-800-252-5400, in writing; and
(B) educated about protecting the individual from abuse,
neglect, and exploitation;
(2) ensure that each staff person is:
(A) trained and knowledgeable of:
(i) acts that constitute abuse, neglect, and exploitation;
(ii) signs and symptoms of abuse, neglect, and exploitation;
and
(iii) methods to prevent the occurrence of abuse, neglect,
and exploitation;
(B) instructed to report to DFPS immediately, but not
later than 24 hours, after having knowledge or suspicion that an individual
is being or has been abused, neglected, or exploited by:
(i) calling the DFPS Abuse Hotline toll-free telephone
number, 1-800-252-5400; or
(ii) using the DFPS Abuse Hotline website; and
(C) provided with the instructions described in subparagraph
(B) of this paragraph in writing; and
(3) conduct the activities described in paragraph (2)
of this subsection before a staff person assumes job duties and at
least annually.
(b) If a provider, staff person, or controlling person
knows or suspects that an individual is being or has been abused,
neglected, or exploited, the provider must report or ensure that the
person with knowledge or suspicion reports the allegation of abuse,
neglect, or exploitation to DFPS immediately, but not later than 24
hours, after having knowledge or suspicion by:
(1) calling the DFPS Abuse Hotline toll-free telephone
number, 1-800-252-5400; or
(2) using the DFPS Abuse Hotline website.
(c) If a report required by subsection (b) of this
section alleges abuse, neglect, or exploitation of an individual,
or if the provider is notified of an allegation of abuse, neglect,
or exploitation, the provider must:
(1) take necessary actions to secure the safety of
the individual; and
(2) notify the individual or representative as soon
as possible, but no later than 24 hours, after the provider reports
or is notified of the allegation:
(A) of the allegation report; and
(B) the actions the provider has taken or will take
based on the allegation, the condition of the individual, and the
nature and severity of any harm to the individual.
(d) A provider must not retaliate against:
(1) a staff person, individual, or other person who
files a complaint, presents a grievance, or otherwise provides good
faith information relating to the possible abuse, neglect, or exploitation
of an individual, including the use of a restraint or seclusion; or
(2) an individual because a person on behalf of the
individual files a complaint, presents a grievance, or otherwise provides
good faith information relating to the possible abuse, neglect, or
exploitation of the individual, including the use of a restraint or
seclusion.
(e) At least annually, a provider must review all reports
of abuse, neglect, or exploitation of an individual of which the provider
is notified, and all final investigative reports received from HHSC
for investigations described in §47.103 of this subchapter (relating
to Requirements for Providers Related to the Abuse, Neglect, and Exploitation
of an Individual Receiving Services in the PHC Program and CAS Program
Through the Agency Option or the Service Responsibility Option) and,
based on the review, identify program process improvements that help
prevent the occurrence of abuse, neglect, and exploitation and improve
the delivery of services.
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