| (a) An individualized skills and socialization provider
must:
(1) comply with the provisions of Texas Health and
Safety Code (HSC), Chapter 250 (relating to Nurse Aide Registry and
Criminal History Checks of Employees and Applicants for Employment
in Certain Facilities Serving the Elderly, Persons with Disabilities,
or Persons with Terminal Illnesses);
(2) before offering employment to any person, search
the following registries to determine if the person is eligible for
employment:
(A) the employee misconduct registry (EMR) established
under HSC §253.007;
(B) the Texas Health and Human Services Commission
(HHSC) nurse aide registry (NAR) and medication aide registry (MAR);
(C) the List of Excluded Individuals and Entities (USLEIE)
maintained by the United States Department of Health and Human Services;
and
(D) the List of Excluded Individuals and Entities (LEIE)
maintained by HHSC Office of Inspector General;
(3) not employ a person who is listed on the:
(A) HHSC employee misconduct registry as unemployable;
or
(B) HHSC nurse or medication aide registries as revoked
or suspended; and
(4) provide information about the EMR to an employee
in accordance with 26 TAC §561.3 (relating to Employment and
Registry Information).
(b) In addition to the initial search of the EMR, LEIE,
NAR, MAR, and USLEIE, an individualized skills and socialization provider
must:
(1) conduct a search of the NAR, MAR, and EMR to determine
if the employee is designated in those registries as unemployable
at least every 12 months; and
(2) keep a copy of the results of the initial and annual
searches of the NAR,MAR, and EMR in the employee's personnel file
and make it available to HHSC upon request;
(3) comply with all relevant federal and state standards;
and
(4) comply with all applicable provisions of the Texas
Human Resource Code (HRC), Chapter 102 (relating to Rights of the
Elderly).
(c) An individualized skills and socialization provider
must:
(1) provide an individual who is 55 years of age or
older with a written list of the individual's rights, as outlined
under HRC §102.004; and
(2) create policies and procedures that protect and
promote the rights of the individual, including the individual's right
to:
(A) control his or her schedule and activities related
to on-site individualized skills and socialization;
(B) access his or her food at any time;
(C) receive visitors without prior notice to the individualized
skills and socialization provider unless such rights are contraindicated
by the individual's rights or the rights of other individuals; and
(D) physically access the building.
(d) An individualized skills and socialization provider
must:
(1) report abuse, neglect, exploitation, and critical
incidents in accordance with §559.241 of this subchapter (relating
to Reporting Abuse, Neglect, Exploitation, or Critical Incidents);
(2) create policies and procedures for creating and
maintaining incident reports;
(3) ensure the confidentiality of individual records
and other information related to individuals; and
(4) inform the individual orally and in writing of
the individual's rights, responsibilities, and grievance procedures
in a language the individual understands.
(e) An individualized skills and socialization provider
must prominently and conspicuously post for display in a public area
of the on-site individualized skills and socialization, or designated
place of business for off-site only individualized skills and socialization,
that is readily available to individuals, employees, and visitors:
(1) the license issued under this chapter;
(2) a sign prescribed by HHSC that describes complaint
procedures and specifies how complaints may be filed with HHSC;
(3) a notice in the form prescribed by HHSC stating
that survey and related reports are available at the on-site individualized
skills and socialization location for public survey and providing
HHSC's toll-free telephone number that may be used to obtain information
concerning the individualized skills and socialization provider;
(4) a copy of the most recent survey report relating
to the individualized skills and socialization provider;
(5) a brochure, letter, or website that outlines the
individualized skills and socialization provider's hours of operation,
holidays, and a description of activities offered; and
(6) emergency telephone numbers, including the abuse
hotline telephone number.
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