| (8) allowance for the decrease in the use of intervention
techniques based on behavioral data;
(9) allowance for revision of the behavioral support
plan when the desired behavior is not displayed or techniques are
not effective;
(10) consideration of the effects of the techniques
in relation to the individual's physical and psychological well-being;
and
(11) at least annual review by the individual's service
planning team to determine the effectiveness of the program and the
need to continue the techniques.
(l) A program provider must report the death of an
individual:
(1) to HHSC and the LIDDA by the end of the next business
day after the program provider becomes aware of the death; and
(2) if the program provider reasonably believes that
the LAR does not know of the individual's death, to the LAR as soon
as possible, but not later than 24 hours after the program provider
becomes aware of the death.
(m) A program provider must not retaliate against:
(1) a staff member, service provider, 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:
(A) the use of seclusion; and
(B) the use of a restraint not in compliance with federal
and state laws, rules, and regulations; and
(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 an individual, including:
(A) the use of seclusion; and
(B) the use of a restraint not in compliance with federal
and state laws, rules, and regulations.
(n) A program provider must enter critical incident
data in the HHSC data system no later than the last calendar day of
the month that follows the month being reported in accordance with
the TxHmL Provider User Guide.
(o) A program provider must ensure that:
(1) the name and phone number of an alternate to the
Chief Executive Officer (CEO) of the program provider is entered in
the HHSC data system; and
(2) the alternate to the CEO:
(A) performs the duties of the CEO during the CEO's
absence; and
(B) if the CEO is named as an alleged perpetrator of
abuse, neglect, or exploitation of an individual, acts as the contact
person in an HHSC investigation and complies with §9.585(d) -
(f) of this subchapter (relating to Certification Principles: Requirements
Related to the Abuse, Neglect, and Exploitation of an Individual).
|
| Source Note: The provisions of this §566.11 adopted to be effective January 5, 2003, 27 TexReg 12254; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective March 1, 2007, 32 TexReg 544; amended to be effective June 1, 2008, 33 TexReg 4340; amended to be effective September 1, 2014, 39 TexReg 6549; amended to be effective November 15, 2015, 40 TexReg 7827; amended to be effective March 20, 2016, 41 TexReg 1867; amended to be effective October 1, 2019, 44 TexReg 5062; transferred effective June 19, 2023, aspublished in the May 26, 2023 issue of the Texas Register, 48 TexReg 2732 |
