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(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, search the employee
misconduct registry (EMR) established under HSC §253.007 and
the Texas Health and Human Services Commission (HHSC) nurse aide registry
(NAR) to determine if a person is designated in either registry as
unemployable; both registries can be accessed on the HHSC website;
and
(A)an individualized skills and socialization provider
must not employ a person who is listed as unemployable in either registry;
(B)an individualized skills and socialization provider
must provide information about the EMR to an employee in accordance
with 26 TAC §561.3 (relating to Employment and Registry Information);
and
(C)in addition to the initial search of the EMR and
NAR, an individualized skills and socialization provider must:
(i)conduct a search of the NAR and EMR to determine
if the employee is designated in either registry as unemployable at
least every 12 months; and
(ii)keep a copy of the results of the initial and
annual searches of the NAR and EMR in the employee's personnel file;
(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).
(b)An individualized skills and socialization provider
must:
(1)provide an individual who is 55 years of age and
older with a written list of the individual's rights, as outlined
under HRC §102.004; and
(2)protect and promote the rights of the individual.
(c)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)maintain 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.
(d)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 location 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 inspection and related reports are available at the on-site individualized
skills and socialization location for public inspection 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 inspection report relating
to the individualized skills and socialization provider;
(5)a brochure or letter 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, near all telephones.
The agency certifies that legal counsel
has reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed
with the Office of the Secretary of State on July 28, 2022
TRD-202202837 Karen Ray
Chief Counsel
Health
and Human Services Commission
Earliest possible date of adoption: September 11, 2022
For further information, please call: (512) 438-3161
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