SECTION 275.157. Provider and Individual Responsibilities in the CDS Option Related to HHSC Investigations When an Alleged Perpetrator is an Attendant or Substitute Attendant

(a) This section applies in the CDS option to alleged abuse, neglect, or exploitation by an attendant or substitute attendant:

(1) when an allegation is reported as required by §44.311(c) of this chapter (relating to Provider Responsibilities Related to the Abuse, Neglect, and Exploitation of an Individual in All CMPAS Service Delivery Options);

(2) when an allegation is reported as required by §44.442 of this division (relating to Individual Responsibilities in the CDS Option); or

(3) if a provider or individual is notified by HHSC of an allegation.

(b) An individual must:

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

(2) take actions to secure the individual's safety, including if necessary, ensuring that the individual does not have contact with the alleged perpetrator until HHSC completes the investigation;

(3) when taking the actions described in paragraphs (1) and (2) of this subsection, avoid compromising the investigation or causing further trauma to the individual;

(4) preserve and protect evidence related to the allegation, including time sheets and other employee-related documentation;

(5) cooperate with the investigation as requested by HHSC, including providing documentation and participating in an interview; and

(6) ensure that attendants or substitute attendants comply with paragraphs (4) and (5) of this subsection.

(c) A provider must:

(1) preserve and protect evidence related to the allegation, including time sheets and other employee-related documentation;

(2) cooperate with the investigation as requested by HHSC, including providing documentation and participating in an interview; and

(3) ensure that staff persons and controlling persons comply with paragraphs (1) and (2) of this subsection.

(d) A provider who receives an initial intake report for an allegation of abuse, neglect, or exploitation described in subsection (a) of this section, must:

(1) within four working days after receiving the report, convene an IDT meeting in person or by phone to review the report and discuss the actions the individual has taken or will take to protect the individual during the HHSC investigation, which may include having an attendant or substitute attendant other than the alleged perpetrator provide services;

(2) document in writing any actions that have been or will be taken as a result of the allegation; and

(3) if appropriate, offer the individual the choice of receiving services through the traditional service option and consider a suspension of services as described in §44.308 of this chapter (relating to Suspension of Services), if the individual does not choose the traditional service option.

(e) After a provider receives the final investigative report from HHSC for an allegation of abuse, neglect, or exploitation described in subsection (a) of this section, the provider must:

(1) within four working days after receiving the report, if the report confirms the allegation, contains an inconclusive finding, or includes concerns and recommendations by HHSC:

(A) convene an IDT meeting in person or by phone to discuss the content of the report, including any concerns and recommendations by HHSC; and

(B) document in writing any actions that have been or will be taken by the individual as a result of the findings in the report or the concerns and recommendations by HHSC;

(2) within five working days after receiving the report:

(A) use the report to complete Form 1719, Notification of Investigatory Findings; and

(B) send the completed form to the alleged perpetrator; and

(3) if appropriate, offer the individual the choice of receiving services through the traditional service option and consider a suspension of services, as described in §44.308 of this chapter, if the individual does not choose the traditional service option.

(f) A provider must maintain in an individual's record an initial intake report and a final investigative report received from HHSC and a completed Form 1719.

Source Note: The provisions of this §275.157 adopted to be effective October 1, 2019, 44 TexReg 5106; transferred effective August 1, 2022, as published in the Texas Register July 8, 2022, 47 TexReg 3983