40 Tex. Admin. Code § 44.442 - Individual Responsibilities in the CDS Option

(a) In the CDS option, an individual must:

(1) comply with the requirements in § 44.307 of this chapter (relating to Individual Responsibilities in All CMPAS Service Delivery Options);

(2) perform the employer responsibilities described in Chapter 41 of this title (relating to Consumer Directed Services Option), with the exception of the responsibilities described in Chapter 41, Subchapter G of this title (relating to Allegations of Abuse, Neglect and Exploitation);

(3) train each attendant and substitute attendant, during the initial orientation and on an annual basis, regarding abuse, neglect, and exploitation, as described in HHSC Form 1732, Management and Training of Service Provider;

(4) sign and date Form 1732 and have the attendant or substitute attendant sign and date the form to document completion of the training; and

(5) send a copy of the signed form to the provider within 30 days after the date the form is signed by the individual and the attendant or substitute attendant.

(b) In the CDS option, if an individual knows or suspects that the individual is being or has been abused, neglected, or exploited, the individual must:

(1) report the abuse, neglect, or exploitation to DFPS immediately, but not later than 24 hours, after the abuse, neglect, or exploitation occurred by:

(A) calling the DFPS Abuse Hotline toll-free telephone number, 1-800-252-5400; or

(B) using the DFPS Abuse Hotline website;

(2) take actions to secure the individual's safety;

(3) obtain immediate and ongoing medical or psychological services, as necessary;

(4) when taking the actions described in paragraphs (2) and (3) of this subsection, avoid compromising the investigation or causing further trauma to the individual;

(5) preserve and protect evidence related to the allegation; and

(6) ensure an attendant or substitute attendant who knows or suspects that the individual is being or has been abused, neglected, or exploited, reports the allegation of abuse, neglect, or exploitation to DFPS immediately, but not later than 24 hours, after having knowledge or suspicion by:

(A) calling the DFPS Abuse Hotline toll-free telephone number, 1-800-252-5400; or

(B) using the DFPS Abuse Hotline website.

Notes

40 Tex. Admin. Code § 44.442

The provisions of this §44.442 adopted to be effective October 1, 2013, 38 TexReg 6606; Amended by Texas Register, Volume 44, Number 37, September 13, 2019, TexReg 5114, eff. 10/1/2019