26 Tex. Admin. Code § 52.119 - Abuse, Neglect, and Exploitation Allegations

A contractor must develop and implement written procedures for reporting and investigating an allegation of abuse, neglect or exploitation regarding an individual that:

(1) comply with applicable laws and rules governing services provided under the contract;

(2) require the contractor to report an allegation of abuse, neglect, or exploitation to the appropriate investigative authority;

(3) ensure that the contractor's employees, subcontractors, and volunteers:

(A) are knowledgeable of:

(i) acts that constitute abuse, neglect, or exploitation of an individual;

(ii) the requirement to report acts of abuse, neglect, or exploitation, or suspicion of such acts to the appropriate investigative authority;

(iii) how to report allegations of abuse, neglect, or exploitation to the appropriate investigative authority; and

(iv) methods to prevent the occurrence of abuse, neglect, and exploitation; and

(B) report suspected abuse, neglect, or exploitation as instructed by the contractor;

(4) ensure that individuals and LARs are informed, orally and in writing, of how to report allegations of abuse, neglect, or exploitation:

(A) before or at the time the individual begins receiving program services from the contractor; and

(B) at least once every 12 months thereafter;

(5) if the contractor suspects an individual has been or is being abused, neglected, or exploited or is notified of an allegation of abuse, neglect, or exploitation, require the contractor to:

(A) take necessary actions to secure the safety of the individual; and

(B) notify, as soon as possible but no later than 24 hours after the contractor reports or is notified of an allegation, the individual, or the individual's LAR of the allegation report and the actions that have been or will be taken;

(6) if abuse, neglect, or exploitation is confirmed by the investigative authority and the contractor is notified of the confirmation, require the contractor to take appropriate action to prevent the reoccurrence of abuse, neglect or exploitation, including, when warranted, disciplinary action against the employee, subcontractor, or volunteer confirmed to have committed abuse, neglect, and exploitation;

(7) at least annually, require the contractor to review incidents of confirmed abuse, neglect, or exploitation of which the contractor is notified and identify program process improvements that will prevent the reoccurrence of such incidents and improve service delivery; and

(8) prohibit the contractor from discharging or otherwise retaliating against:

(A) an employee, subcontractor, volunteer, individual, or other person because the employee, subcontractor, volunteer, individual, or other person files a complaint, presents a grievance, or otherwise provides good faith information relating to possible abuse, neglect, or exploitation of an individual; or

(B) an individual because someone on behalf of the individual files a complaint, presents a grievance, or otherwise provides good faith information relating to possible abuse, neglect, or exploitation of the individual.

Notes

26 Tex. Admin. Code § 52.119

Transferred from 40 TAC § 49.310 Texas Register, Volume 49, Number 13, March 29, 2024, TexReg 2091, eff. 4/29/2024