SECTION 275.71. Provider Responsibilities Related to the Abuse, Neglect, and Exploitation of an Individual in All CMPAS Service Delivery Options

(a) A provider, before providing services to an individual and on an annual basis, must:

(1) inform the individual and representative of how to report allegations of abuse, neglect, or exploitation to DFPS and provide the individual with the DFPS Abuse Hotline toll-free telephone number, 1-800-252-5400, in writing; and

(2) educate the individual and representative about how to protect the individual from abuse, neglect, and exploitation.

(b) Before a staff person assumes job duties, and on at least an annual basis, a provider must:

(1) train a staff person:

(A) about acts that constitute abuse, neglect, and exploitation;

(B) about signs and symptoms of abuse, neglect, and exploitation;

(C) about methods to prevent abuse, neglect, and exploitation; and

(D) to report to DFPS immediately, but not later than 24 hours, after the staff person has knowledge or suspects that an individual is being or has been abused, neglected, or exploited by:

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

(ii) using the DFPS Abuse Hotline website; and

(2) provide the staff person with the reporting requirements described in paragraph (1)(D) of this subsection in writing.

(c) If a provider, staff person, or controlling person knows or suspects that an individual is being or has been abused, neglected, or exploited, the provider must report, or ensure that the person with knowledge or suspicion reports, the allegation of abuse, neglect, or exploitation to DFPS immediately, but not later than 24 hours, after having knowledge or suspicion by:

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

(2) using the DFPS Abuse Hotline website.

(d) If a report required by subsection (c) of this section alleges abuse, neglect, or exploitation of an individual, or if the provider is notified of an allegation of abuse, neglect, or exploitation, the provider must:

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

(2) as soon as possible, but no later than 24 hours, after the provider reports or is notified of the allegation, notify the individual or LAR of:

(A) the allegation report; and

(B) the actions the provider has taken or will take based on the allegation, the condition of the individual, and the nature and severity of any harm to the individual, including the actions required under this subsection.

(e) A provider must not retaliate against:

(1) a staff person, individual, or other person who files a complaint, presents a grievance, or otherwise provides good faith information relating to the possible abuse, neglect, or exploitation of an individual, including the use of restraint or seclusion; or

(2) an individual because a person on behalf of the individual files a complaint, presents a grievance, or otherwise provides good faith information relating to the possible abuse, neglect, or exploitation of an individual, including the use of restraint or seclusion.

(f) A provider, on at least an annual basis, must:

(1) review all reports of abuse, neglect, or exploitation of an individual of which the provider is notified and all final investigative reports received from HHSC for an investigation described in §44.443 of this chapter (relating to Provider and Individual Responsibilities in the CDS Option Related to HHSC Investigations When an Alleged Perpetrator is an Attendant or Substitute Attendant) and §44.444 of this chapter (relating to 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); and

(2) based on the review, identify program process improvements that help prevent the occurrence of abuse, neglect, and exploitation and improve the delivery of services.

Source Note: The provisions of this §275.71 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