| (a) If a report required by §260.219 of this subchapter
(relating to Reporting Allegations of Abuse, Neglect, or Exploitation
of an Individual) alleges abuse, neglect, or exploitation by a person
who is not a service provider, staff person, volunteer, or controlling
person, a program provider must:
(1) as necessary:
(A) obtain immediate medical or psychological services
for the individual; and
(B) assist in obtaining ongoing medical or psychological
services for the individual;
(2) discuss with the individual or LAR alternative
residential settings and additional services that may help ensure
the individual's safety;
(3) when taking the actions described in paragraphs
(1) and (2) of this subsection, avoid compromising the investigation
or further traumatizing the individual; and
(4) preserve and protect evidence related to the allegation.
(b) If a report required by §260.219 of this subchapter
alleges abuse, neglect, or exploitation by a service provider, staff
person, volunteer, or controlling person or if a program provider
is notified by HHSC of an allegation of abuse, neglect, or exploitation
by a service provider, staff person, volunteer, or controlling person,
the program provider must:
(1) as necessary:
(A) obtain immediate medical or psychological services
for the individual; and
(B) assist in obtaining ongoing medical or psychological
services for the individual;
(2) take actions to secure the safety of the individual,
including if necessary, ensuring that the alleged perpetrator does
not have contact with the individual or any other individual until
HHSC completes the investigation;
(3) when taking the actions described in paragraphs
(1) and (2) of this subsection, avoid compromising the investigation
or further traumatizing the individual;
(4) preserve and protect evidence related to the allegation;
and
(5) as soon as possible, but no later than 24 hours
after the program provider reports or is notified of the allegation,
notify the individual, the LAR, and the case manager of:
(A) the allegation report; and
(B) the actions the program provider has taken or will
take based on the allegation, the condition of the individual, and
the nature and severity of any harm to the individual, including the
actions required by paragraph (2) of this subsection.
(c) During an HHSC investigation of an alleged perpetrator
who is a service provider, staff person, volunteer, or controlling
person, a program provider must:
(1) cooperate with the investigation as requested by
HHSC, including providing documentation and participating in an interview;
(2) provide HHSC access to:
(A) sites owned, operated, or controlled by the program
provider;
(B) individuals, service providers, staff persons,
volunteers, and controlling persons; and
(C) records pertinent to the investigation of the allegation;
and
(3) ensure that service providers, staff persons, volunteers,
and controlling persons comply with paragraphs (1) and (2) of this
subsection.
(d) After a program provider receives a final investigative
report from HHSC for an investigation described in subsection (c)
of this section, the program provider must:
(1) if the allegation of abuse, neglect, or exploitation
is confirmed or substantiated by HHSC:
(A) review the report, including any concerns and recommendations
by HHSC; and
(B) take action within the program provider's authority
to prevent the reoccurrence of abuse, neglect, or exploitation, including
disciplinary action against the service provider, staff person, or
volunteer confirmed to have committed abuse, neglect, or exploitation;
(2) if the allegation of abuse, neglect, or exploitation
is unconfirmed, inconclusive, or unfounded:
(A) review the report, including any concerns and recommendations
by HHSC; and
(B) take appropriate action within the program provider's
authority, as necessary; and
(3) immediately, but not later than five calendar days
after the date the program provider receives the HHSC final investigative
report, notify the individual, the LAR, and the case manager of:
(A) the investigation finding; and
(B) the action taken by the program provider in response
to the HHSC investigation as required by paragraphs (1) and (2) of
this subsection.
(e) A program provider must not retaliate against:
(1) a staff person, 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.
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