SECTION 275.159. Provider and Individual Responsibilities in the CDS Option Related to HHSC Investigations When an Alleged Perpetrator is a Staff Person or a Controlling Person of a Provider

(a) This section applies in the CDS option to an allegation of abuse, neglect, or exploitation by a staff person or a controlling person:

(1) when the 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 the 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) A provider must:

(1) 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; and

(2) preserve and protect evidence related to the allegation.

(c) During an HHSC investigation of an alleged perpetrator who is a staff person or controlling person:

(1) a provider must:

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

(B) provide HHSC access to:

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

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

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

(C) ensure that staff persons and controlling persons comply with subparagraphs (A) and (B) of this paragraph; and

(2) an individual must:

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

(B) provide HHSC access to:

(i) attendants and substitute attendants; and

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

(C) ensure that attendants and substitute attendants comply with subparagraph (A) of this paragraph.

(d) Within four working days after receiving an initial intake report for an allegation described in subsection (a) of this section, a provider must:

(1) convene an IDT meeting in person or by phone to discuss the report and the actions the individual has taken or will take to protect the individual during the HHSC investigation; and

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

(e) After a provider receives a final investigative report from HHSC for an investigation 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; and

(2) within five working days after receipt of 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) take appropriate action within the provider's authority in response to the HHSC investigation, including disciplinary action against a staff person confirmed to have committed abuse, neglect, or exploitation.

(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 §275.159 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