SECTION 259.303. Protection of an Individual

(a) A CMA must have and implement written policies and procedures that safeguard an individual against:

(1) infectious and communicable diseases;

(2) conflicts of interest with a staff person, volunteer, or controlling person of the CMA;

(3) abuse, neglect, and exploitation;

(4) acts of financial impropriety by a staff person, volunteer, or controlling person of the CMA; and

(5) deliberate damage of personal possessions by a staff person, volunteer, or controlling person of the CMA.

(b) A CMA must report a critical incident to HHSC and the DSA in accordance with the Appendix XIII of the Community Living Assistance and Support Services Provider Manual using the HHSC CLASS/DBMD Notification of Critical Incidents form.

(c) A CMA program director who receives a copy of an HHSC initial intake report or a final investigative report from an FMSA in accordance with 40 TAC §41.702 (relating to Requirements Related to HHSC Investigations When an Alleged Perpetrator is a Service Provider) or 40 TAC §41.703 (relating to Requirements Related to HHSC Investigations When an Alleged Perpetrator is a Staff Person or a Controlling Person of an FMSA) must give a copy of the report to the individual's case manager.

Source Note: The provisions of this §259.303 adopted to be effective January 30, 2023, 48 TexReg 362