(a) This section applies only when an individual is
receiving services in the PHC Program or CAS Program through the agency
option or the service responsibility option.
(b) If a report required by §47.101(b) of this
subchapter (relating to Requirements for Providers Related to the
Abuse, Neglect, or Exploitation of an Individual) alleges abuse, neglect,
or exploitation of an individual by a staff person or controlling
person or if a provider is notified by HHSC of an allegation of abuse,
neglect, or exploitation of an individual by a staff person or controlling
person, the provider must:
(1) as necessary:
(A) obtain immediate medical or psychological services
for the individual; and
(B) assist in obtaining ongoing medical or psychological
services for the individual;
(2) take actions to secure the safety of the individual,
including if necessary, ensuring that the alleged perpetrator does
not have contact with the individual or any other individual receiving
services from the provider until HHSC completes the investigation;
(3) when taking the actions described in paragraphs
(1) and (2) of this subsection, avoid compromising the investigation
or further traumatizing the individual;
(4) preserve and protect evidence related to the allegation;
and
(5) as soon as possible, but no later than 24 hours,
after the provider reports or is notified of an allegation, notify
the individual, the representative, and the case worker of:
(A) 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, including the actions
required by paragraph (2) of this subsection.
(c) During an HHSC investigation of an alleged perpetrator
who is a staff person or controlling person, a provider must:
(1) cooperate with the investigation as requested by
HHSC, including providing documentation and participating in interviews;
(2) provide HHSC access to:
(A) sites owned, operated, or controlled by the provider;
(B) individuals, staff persons, and controlling persons;
and
(C) records pertinent to the investigation of the allegation;
and
(3) ensure that a staff person or controlling person
complies with paragraphs (1) and (2) of this subsection.
(d) After a provider receives a final investigative
report from HHSC for an investigation described in subsection (c)
of this section, the provider must:
(1) if the allegation of abuse, neglect, or exploitation
is confirmed by HHSC:
(A) review the report, including any concerns and recommendations
by HHSC; and
(B) take action within the provider's authority to
prevent the reoccurrence of abuse, neglect, or exploitation, including
disciplinary action against the staff person confirmed to have committed
abuse, neglect, or exploitation;
(2) if the allegation of abuse, neglect, or exploitation
is unconfirmed, inconclusive, or unfounded:
(A) review the report, including any concerns and recommendations
by HHSC; and
(B) take appropriate action within the provider's authority,
as necessary; and
(3) immediately, but not later than five calendar days
after the date the provider receives the HHSC final investigative
report, notify the individual, the representative, and the case worker
of:
(A) the investigation finding; and
(B) the action taken by the provider in response to
the HHSC investigation as required by paragraphs (1) and (2) of this
subsection.
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