| (a) A program provider must have and implement written
policies and procedures that safeguard an individual against:
(1) infectious and communicable diseases;
(2) conflicts of interest with a service provider,
staff person, volunteer, or controlling person;
(3) abuse, neglect, and exploitation;
(4) acts of financial impropriety by a service provider,
staff person, volunteer, or controlling person; and
(5) deliberate damage of personal possessions by a
service provider, staff person, volunteer, or controlling person.
(b) A program provider must not use seclusion.
(c) A program provider must complete the HHSC Notification
Regarding a Death in HCS, TxHmL, DBMD Programs form to notify HHSC,
in writing, of an individual's death within 24 hours after learning
of the death.
(d) A program provider, in accordance with the Deaf Blind with Multiple Disabilities Program Manual, must
report critical incidents to HHSC using the HHSC CLASS/DBMD Notification
of Critical Incidents form.
(e) A program provider must ensure a program director
who receives a copy of an HHSC initial intake report or a final investigative
report from an FMSA, in accordance with 40 TAC §41.702 (relating
to Requirements Related to HHSC Investigations When an Alleged Perpetrator
is a Service Provider) or 40 TAC §41.703 (relating to Requirements
Related to HHSC Investigations When an Alleged Perpetrator is a Staff
Person or a Controlling Person of an FMSA), sends a copy of the report
to the individual's case manager.
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