(a) A contractor that is required to have a license,
as described in §49.302(a) of this subchapter (relating to General
Requirements), must comply with licensure requirements regarding criminal
history record checks, the HHSC employee misconduct registry and the
HHSC nurse aide registry for employees, subcontractors, and volunteers.
(b) A contractor that is not required to have a license,
as described in §49.302(a) of this subchapter, must:
(1) before offering employment to an unlicensed applicant
for employment or contracting with an unlicensed potential subcontractor,
obtain directly or through a private agency the criminal history record
of the applicant or potential subcontractor from the Department of
Public Safety (DPS);
(2) before accepting an unlicensed volunteer applicant
for a volunteer position that directly interacts with an individual,
obtain directly or through a private agency the criminal history record
of the applicant from DPS;
(3) review the criminal history record of the unlicensed
applicant or potential subcontractor;
(4) not employ an unlicensed applicant for employment,
contract with an unlicensed potential subcontractor, or accept an
unlicensed applicant for a volunteer position, for the time periods
set forth in Texas Health and Safety Code, §250.006, if the applicant
or potential subcontractor has been convicted of an offense listed
in Texas Health and Safety Code, §250.006; and
(5) not employ an unlicensed applicant for employment,
contract with an unlicensed potential subcontractor, or accept an
unlicensed applicant for a volunteer position if the applicant or
potential subcontractor has been convicted of an offense that the
contractor determines is a contraindication to the applicant's employment,
contracting, or volunteering.
(c) A contractor that is not required to have a license,
as described in §49.302(a) of this subchapter, must:
(1) before offering employment to an unlicensed applicant
for employment or contracting with an unlicensed potential subcontractor,
search the HHSC employee misconduct registry and the HHSC nurse aide
registry for the name of the applicant or potential subcontractor;
(2) before accepting an unlicensed volunteer applicant
for a volunteer position that directly interacts with an individual,
search the HHSC employee misconduct registry and the HHSC nurse aide
registry for the name of the applicant;
(3) not employ an unlicensed applicant for employment,
contract with a unlicensed potential subcontractor, or accept an unlicensed
applicant for a volunteer position that directly interacts with an
individual if the applicant or potential subcontractor is listed on:
(A) the HHSC employee misconduct registry as unemployable;
or
(B) the HHSC nurse aide registry as revoked or suspended;
(4) within five business days after hiring an unlicensed
employee, contracting with an unlicensed subcontractor, or accepting
an unlicensed volunteer for a position that directly interacts with
an individual, provide written information to the employee, subcontractor,
or volunteer that a person listed on the HHSC employee misconduct
registry is not permitted to be employed by, contract with, or volunteer
for the contractor;
(5) at least once every twelve months after hiring
an unlicensed employee, contracting with an unlicensed subcontractor,
or accepting an unlicensed volunteer for a position that directly
interacts with an individual, search the HHSC employment misconduct
registry and the HHSC nurse aide registry for the name of the employee,
subcontractor, or volunteer; and
(6) not continue to employ an unlicensed employee,
contract with an unlicensed subcontractor, or use an unlicensed volunteer
for a position that directly interacts with an individual if the employee,
subcontractor, or volunteer is listed on:
(A) the HHSC employee misconduct registry as unemployable;
or
(B) the HHSC nurse aide registry as revoked or suspended.
(d) A contractor must:
(1) before contracting with a potential subcontractor
or offering employment to an applicant for employment, search the
Debarred Vendor List maintained by the Texas Comptroller of Public
Accounts; and
(2) not contract with the potential subcontractor or
employ the applicant if the potential subcontractor or applicant is
listed on the Debarred Vendor List and the period of debarment has
not expired.
(e) A contractor must develop and implement a policy
that requires an employee, volunteer, or subcontractor to report to
the contractor if any of the information obtained in accordance with
subsection (b)(1), (c)(1), or (d)(1) of this section has changed.
If a contractor becomes aware that information the contractor obtained
in accordance with subsection (b)(1), (c)(1), or (d)(1) of this section
was erroneous or has subsequently changed so the contractor would
not be allowed to employ the person, contract with the person, or
accept the person for volunteer status in accordance with subsection
(b)(3) or (4), (c)(2), or (d)(2) of this section, the contractor must
terminate the person's employment, volunteer status, or contract.
(f) A contractor must:
(1) review the LEIE maintained by the United States
Department of Health and Human Services, Office of Inspector General,
and the LEIE maintained by the HHSC Office of Inspector General:
(A) before hiring an applicant for employment or contracting
with a potential subcontractor; and
(B) at least monthly, for each employee and subcontractor;
(2) not employ an applicant for employment or contract
with a potential subcontractor to perform any duties that may be paid
for directly or indirectly through a contract if the applicant or
potential subcontractor is listed on either LEIE described in paragraph
(1) of this subsection;
(3) prohibit an employee or subcontractor listed on
either LEIE described in paragraph (1) of this subsection from performing
any duties that may be paid for directly or indirectly through a contract;
and
(4) if an employee or subcontractor is listed on either
LEIE described in paragraph (1) of this subsection, immediately report
to the HHSC Office of Inspector General, in accordance with the self-reporting
protocol of the HHSC Office of Inspector General:
(A) the identity of an excluded employee or subcontractor;
and
(B) the amount paid by the contractor to the employee
or subcontractor for services provided under a contract.
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