| (a) HHSC requires a contractor to immediately protect
an individual's health and safety if HHSC determines that:
(1) the contractor is not complying with its contract;
and
(2) the contractor's failure to comply with its contract
jeopardizes the health and safety of the individual.
(b) If HHSC requires immediate protection in accordance
with subsection (a) of this section, HHSC notifies the contractor:
(1) orally or in writing, that the contractor must
immediately protect the individual's health and safety; and
(2) in writing, that the contractor must submit and
implement a written immediate protection plan.
(c) If HHSC notifies the contractor in accordance with
subsection (b) of this section, the contractor must:
(1) immediately protect the individual's health and
safety; and
(2) submit a written immediate protection plan to HHSC
within three business days after the date of the notice from HHSC.
(d) An immediate protection plan submitted in accordance
with subsection (c)(2) of this section must:
(1) describe the non-compliance that jeopardized the
health and safety of the individual;
(2) describe the immediate protection taken by the
contractor;
(3) describe the activities the contractor will perform
to prevent the non-compliance described in paragraph (1) of this subsection
from reoccurring;
(4) include a schedule for performing the activities
described in paragraph (3) of this subsection; and
(5) include:
(A) the title of the person who ensured completion
of the immediate protection; and
(B) the title of the person responsible for completion
of the activities described in paragraph (3) of this subsection.
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