| (a) HHSC reviews and investigates allegations of abuse,
neglect, or misappropriation of resident property by a nurse aide
employed in a nursing facility. If HHSC finds that a nurse aide committed
an act of abuse, neglect, or misappropriation of resident property,
before entry of the finding on the NAR, HHSC provides the nurse aide
an opportunity to dispute the finding through an informal review (IR)
and a hearing as described in this section.
(b) If HHSC finds that a nurse aide committed an act
of abuse, neglect, or misappropriation of resident property, HHSC
sends the nurse aide a written notice regarding the finding. The notice
includes:
(1) a summary of the findings and facts on which the
findings are based;
(2) a statement informing the nurse aide of the right
to an IR to dispute HHSC findings;
(3) a statement informing the nurse aide that a request
for an IR must be made within 10 days after the date the nurse aide
receives the written notice; and
(4) the address and contact information for the local
HHSC regional office, where the nurse aide must submit a request for
an IR.
(c) If a nurse aide requests an IR, HHSC sets a date
to allow the nurse aide to dispute the findings of the investigation
of abuse, neglect, or misappropriation of resident property. The nurse
aide may dispute the findings by providing testimony, in person or
by telephone, to an impartial HHSC staff person at the local HHSC
regional office.
(1) If the staff person does not uphold the findings,
HHSC notifies the nurse aide of the results of the IR and closes the
investigation. HHSC does not record information related to the investigation
in the NAR.
(2) If the staff person upholds the findings, HHSC
notifies the nurse aide of the results of the IR. The nurse aide may
request a hearing in accordance with subsection (d) of this section.
(3) If the nurse aide does not request an IR, or fails
to appear for a requested IR, HHSC upholds the findings. The nurse
aide may request a hearing in accordance with subsection (d) of this
section.
(d) A nurse aide may request a hearing after receipt
of HHSC notice of the results of an IR described in subsection (c)(2)
of this section. 1 Texas Administrative Code (TAC) Chapter 357, Subchapter
I (relating to Hearings Under the Administrative Procedure Act), and
40 TAC Chapter 91 (relating to Hearings Under the Administrative Procedure
Act) govern the hearing, except that a nurse aide must request a formal
hearing within 30 days after receipt of HHSC notice in compliance
with 42 Code of Federal Regulations (CFR) §488.335. If the nurse
aide fails to request a hearing, the nurse aide waives the opportunity
for a hearing and HHSC enters the finding of abuse, neglect, or misappropriation
of resident property, as appropriate, on the NAR.
(e) If HHSC receives an allegation that a nurse aide,
who has a medication aide permit under Chapter 557 of this title (relating
to Medication Aides--Program Requirements), committed an act of abuse,
neglect, or misappropriation of resident property, HHSC investigates
the allegation under this section regarding the nurse aide practice
and under Chapter 557 of this title to determine if the allegation
violates the medication aide practice. The investigations run concurrently.
If after the investigations, the nurse aide requests hearings on the
findings under the nurse aide practice and the medication aide practice,
only one hearing, conducted in accordance with subsection (d) of this
section, is available to the nurse aide.
(f) If HHSC finds that a nurse aide committed an act
of abuse, neglect, or misappropriation of resident property, HHSC
reports the finding to:
(1) the NAR;
(2) the nurse aide;
(3) the administrator of the nursing facility in which
the act occurred; and
(4) the administrator of the nursing facility that
employs the nurse aide, if different from the nursing facility in
which the act occurred.
(g) The NAR must include the findings involving a nurse
aide listed on the NAR as well as any brief statement of the nurse
aide disputing the findings.
(h) The information on the NAR is available to the
public.
(i) If an inquiry is made about a nurse aide's status
on the NAR, HHSC must:
(1) verify if the nurse aide is listed on the NAR;
(2) disclose information concerning a finding of abuse,
neglect, or misappropriation of resident property involving the nurse
aide; and
(3) disclose any statement by the nurse aide related
to the finding.
(j) If a nurse aide works in a capacity other than
a nurse aide in a nursing facility and is listed as unemployable in
the EMR, HHSC revokes or suspends the certificate of registration
and changes the status of the nurse aide's listing on the NAR to revoked
or suspended. The due process available to the nurse aide before placement
on the EMR satisfies the due process required before HHSC revokes
or suspends the certificate of registration and changes the nurse
aide's status on the NAR.
(k) If HHSC revokes or suspends the certificate of
registration and lists a nurse aide's status on the NAR as suspended
or revoked because of a single finding of neglect, the nurse aide
may request that HHSC reissue the certificate of registration and
remove the finding after the finding has been listed on the NAR for
one year. To request removal of the finding, the nurse aide must submit
a HHSC Petition for Removal of Neglect Finding to HHSC in accordance
with the petition's instructions.
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