26 Tex. Admin. Code § 277.103 - Requirements for Providers Related to the Abuse, Neglect, and Exploitation of an Individual Receiving Services in the PHC Program and CAS Program Through the Agency Option or the Service Responsibility Option

(a) This section applies only when an individual is receiving services in the PHC Program or CAS Program through the agency option or the service responsibility option.

(b) If a report required by § 47.101(b) of this subchapter (relating to Requirements for Providers Related to the Abuse, Neglect, or Exploitation of an Individual) alleges abuse, neglect, or exploitation of an individual by a staff person or controlling person or if a provider is notified by HHSC of an allegation of abuse, neglect, or exploitation of an individual by a staff person or controlling person, the 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 receiving services from the provider 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 provider reports or is notified of an allegation, notify the individual, the representative, and the case worker of:

(A) the allegation report; and

(B) the actions the 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 staff person or controlling person, a provider must:

(1) cooperate with the investigation as requested by HHSC, including providing documentation and participating in interviews;

(2) provide HHSC access to:

(A) sites owned, operated, or controlled by the provider;

(B) individuals, staff persons, and controlling persons; and

(C) records pertinent to the investigation of the allegation; and

(3) ensure that a staff person or controlling person complies with paragraphs (1) and (2) of this subsection.

(d) After a provider receives a final investigative report from HHSC for an investigation described in subsection (c) of this section, the provider must:

(1) if the allegation of abuse, neglect, or exploitation is confirmed by HHSC:

(A) review the report, including any concerns and recommendations by HHSC; and

(B) take action within the provider's authority to prevent the reoccurrence of abuse, neglect, or exploitation, including disciplinary action against the staff person 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 provider's authority, as necessary; and

(3) immediately, but not later than five calendar days after the date the provider receives the HHSC final investigative report, notify the individual, the representative, and the case worker of:

(A) the investigation finding; and

(B) the action taken by the provider in response to the HHSC investigation as required by paragraphs (1) and (2) of this subsection.

Notes

26 Tex. Admin. Code § 277.103

Transferred from 40 TAC § 47.103 Texas Register, Volume 49, Number 24, June 14, 2024, TexReg 4436, eff. 7/1/2024