SECTION 554.602. Incidents of Abuse, Neglect, and Exploitation Reportable to the Texas Health and Human Services Commission and Law Enforcement Agencies by Facilities

(a) In response to allegations of abuse, neglect, exploitation, or mistreatment, the facility must:

(1) ensure that all alleged violations involving abuse, neglect, exploitation or mistreatment, including injuries of unknown source and misappropriation of resident property are reported:

(A) immediately to the administrator of the facility and to HHSC Complaint and Incident Intake, but no later than two hours after the allegation is made, if the events that cause the allegation involve abuse, or result in serious bodily injury; or

(B) no later than 24 hours after the allegation is made to the administrator of the facility and to HHSC Complaint and Incident Intake, if the events that cause the allegation do not involve abuse and do not result in serious bodily injury;

(2) conduct an investigation of the reported acts and have evidence that all alleged violations are thoroughly investigated;

(3) prevent further potential abuse, neglect, exploitation, or mistreatment while the investigation is in progress; and

(4) report the results of all investigations to the administrator or the administrator's designee and to HHSC Complaint and Incident Intake within five working days of the incident and, if the alleged violation is verified, take appropriate corrective action.

(b) A facility owner or employee who has cause to believe that the physical or mental health or welfare of a resident has been or may be adversely affected by abuse, neglect, or exploitation caused by another person must report the abuse, neglect, or exploitation.

(c) Reports described in subsections (a)(1) and (b) of this section must be made to HHSC Complaint and Incident Intake.

(d) Written investigation reports described in subsection (a)(4) of this section must be sent to HHSC Complaint and Incident Intake no later than the fifth working day after the initial.

(e) As a condition of employment, an employee of a facility must sign a statement that states:

(1) the employee may be criminally liable for failure to report abuses; and

(2) the employee has a cause of action against a facility, its owners or employees if the employee is suspended, terminated, disciplined, discriminated against, or retaliated against, under the Texas Health and Safety Code, Title 4, §260A.014, as a result of:

(A) reporting to the employee's supervisor, the administrator, HHSC, or a law enforcement agency a violation of law, including a violation of laws or regulations regarding nursing facilities; or

(B) initiating or cooperating in any investigation or proceeding of a governmental entity relating to care, services, or conditions at the nursing facility.

(f) The statements described in subsection (e) of this section must be available for inspection by HHSC.

(g) A local or state law enforcement agency must be notified of reports described in subsection (b) of this section that allege that:

(1) a resident's health or safety is in imminent danger;

(2) a resident has recently died because of conduct alleged in the report of abuse or neglect or other complaint;

(3) a resident has been hospitalized or treated in an emergency room because of conduct alleged in the report of abuse or neglect or other complaint;

(4) a resident has been a victim of any act or attempted act described in the Texas Penal Code, §§21.02, 21.11, 22.011, or 22.021; or

(5) a resident has suffered bodily injury, as that term is defined in the Texas Penal Code, §1.07, because of conduct alleged in the report of abuse or neglect or other complaint.

Source Note: The provisions of this §554.602 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective March 1, 1998, 23 TexReg 1314; amended to be effective October 15, 1998, 23 TexReg 10496; amended to be effective August 1, 2000, 25 TexReg 6779; amended to be effective September 1, 2003, 28 TexReg 6939; amended to be effective May 1, 2004, 29 TexReg 3235; amended to be effective October 31, 2013, 38 TexReg 7465; amended to beeffectiveMarch 24, 2020, 45 TexReg 2025; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871