|(a) For each applicant for employment, an employer
or DR must:
(1) obtain the applicant's required information on
the Criminal History and Registry Checks, (Form 1725) necessary to
conduct an initial and annual check of the DADS Nurse Aide Registry
and the Employee Misconduct Registry; and
(2) request that the FMSA obtain and document the results
of the registry check for an applicant using Form 1725 and send a
copy to the employer or DR.
(b) The result of a registry check must be obtained
within 30 calendar days before the hire date and within 30 calendar
days after each annual employment anniversary.
(c) An employer must not employ an applicant, and must
immediately discharge an employee upon verification that the person
(1) as revoked in the Nurse Aide Registry; or
(2) as unemployable in the Employee Misconduct Registry.
(d) An employer must:
(1) submit to the FMSA, for each applicant, contractor
or vendor, the information required to conduct a monthly check of
the Texas Health and Human Services Commission (HHSC) - Office of
Inspector General (OIG) List of Excluded Individuals/Entities and
the United States Department of Health and Human Services (HHS) -
OIG Excluded Individuals/Entities Search online searchable databases;
(2) not employ an applicant, contractor or vendor or
immediately discharge an employee, contractor or vendor if listed
on the HHSC or the HHS List of Excluded Individuals and Entities.
(e) An employer must obtain and maintain a copy of
completed Form 1725 documenting the results of the registry checks.
(f) When contracting with an entity, the employer and
the entity must complete a service agreement in which the entity certifies
that it has checked and verified that each person delivering a service
to the individual on behalf of the contractor is in compliance with,
and will maintain compliance with, this section.