| (a) An assisted living facility staff who has cause
to believe that the physical or mental health or welfare of a resident
has been or may be adversely affected by abuse, neglect, or exploitation
or that the resident has died due to abuse or neglect, must report
the abuse, neglect, or exploitation to:
(1) HHSC Consumer Rights and Services section at 1-800-458-9858
or via the HHSC website; and
(2) one of the following law enforcement agencies:
(A) a municipal law enforcement agency, if the facility
is located within the territorial boundaries of a municipality; or
(B) the sheriff's department of the county in which
the facility is located if the facility is not located within the
territorial boundaries of a municipality.
(b) An assisted living facility must follow its internal
policies regarding the prevention, detection, and reporting of abuse,
neglect, or exploitation.
(c) The following information must be reported to HHSC:
(1) name, age, and address of the resident;
(2) name and address of the person responsible for
the care of the resident, if available;
(3) nature and extent of the elderly or disabled person's
condition;
(4) basis of the reporter's knowledge; and
(5) any other relevant information.
(d) An assisted living facility must immediately make
an oral report to HHSC of the alleged abuse, neglect, or exploitation
and must investigate the allegation and send a written report of the
investigation to HHSC state office no later than the fifth calendar
day after the oral report.
(e) An assisted living facility may not retaliate against
a person for filing a complaint, presenting a grievance, or providing
in good faith information relating to personal care services provided
by the facility.
(f) An assisted living facility must require facility
staff, as a condition of employment with the facility, to sign a statement
indicating that the employee may be criminally liable for the failure
to report abuse, neglect, or exploitation.
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