SECTION 561.8. Entering Information in the EMR

(a) The Texas Health and Human Services Commission (HHSC) enters the information described in subsection (c) of this section in the Employee Misconduct Registry (EMR):

(1) when HHSC investigates and all applicable due process procedures are completed for a substantiated finding of reportable conduct;

(2) as required by Texas Health and Safety Code (THSC) §253.0075, when HHSC receives notice of a finding of reportable conduct from the Texas Department of Family and Protective Services (DFPS);

(3) as a finding of reportable conduct when HHSC finds that a nurse aide working in a nursing facility has committed abuse, neglect, or misappropriation (as those terms are defined in §561.2 of this chapter (relating to Definitions)) and HHSC lists the nurse aide's certification as revoked on the Nurse Aide Registry (NAR); or

(4) at HHSC's discretion in accordance with THSC §253.007(b), if an agency of another state or the federal government finds that an employee has committed an act that constitutes reportable conduct.

(b) HHSC does not offer an informal review (IR), as described in §561.6 of this chapter (relating to Informal Review), or an administrative hearing, as described in §561.7 of this chapter (relating to Reportable Conduct Finding and Notice and Opportunity for Administrative Hearing), to an employee regarding a finding of reportable conduct described in §561.8(a)(2), (3), or (4) before entering employee information related to the finding in the EMR.

(1) For a finding under subsection (a)(2) or (4) of this section, the Texas Department of Family and Protective Services, the federal government, or an agency of another state provides any due process required by its laws, rules, or regulations before sending a finding to HHSC.

(2) For a finding under subsection (a)(3) of this section, HHSC provides due process before listing a nurse aide's certification as revoked in the NAR in accordance with Title 26, Texas Administrative Code §556.12 (relating to Findings and Inquiries).

(c) The following information is entered in the EMR in accordance with THSC §253.007 (relating to Employee Misconduct Registry):

(1) the employee's name;

(2) the employee's address;

(3) the employee's social security number;

(4) the name of the facility or agency, or a notation that the employee was an employee of an individual employer;

(5) the address of the facility or agency, or the city and state of the individual employer;

(6) the date the reportable conduct occurred; and

(7) a description of the reportable conduct.

Source Note: The provisions of this §561.8 adopted to be effective April 21, 2022, 47 TexReg 2012