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Texas Administrative Code (Last Updated: March 27,2024) |
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TITLE 26. HEALTH AND HUMAN SERVICES |
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PART 1. HEALTH AND HUMAN SERVICES COMMISSION |
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CHAPTER 711. INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS |
| SUBCHAPTER A. INTRODUCTION |
| § 711.1. What is the purpose of this chapter? |
| § 711.3. How are the terms in this chapter defined? |
| § 711.5. What does APS investigate under this chapter? |
| § 711.7. What does APS not investigate under this chapter? |
| § 711.11. How is physical abuse defined? |
| § 711.13. How is sexual abuse defined? |
| § 711.17. How is verbal/emotional abuse defined? |
| § 711.19. How is neglect defined? |
| § 711.21. How is exploitation defined? |
| § 711.23. What is not considered abuse, neglect, or exploitation? |
| SUBCHAPTER C. DUTY TO REPORT |
| § 711.201. What is your duty to report if you are a direct provider or service provider? |
| SUBCHAPTER E. CONDUCTING THE INVESTIGATION |
| § 711.401. When does the Investigator notify law enforcement and OIG for allegations of abuse, neglect, or exploitation and when is the identity of the reporter revealed? |
| § 711.402. What provider and Health and Human Services agency does the Investigator notify for allegations of abuse, neglect, or exploitation and when is the identity of the reporter revealed? |
| § 711.403. Who and when does the investigator notify upon receiving an allegation that relates to a general complaint? |
| § 711.405. What action does the investigator take if the alleged perpetrator is a licensed professional? |
| § 711.413. How are investigations prioritized? |
| § 711.415. What are the requirements for face-to-face contact with the alleged victim? |
| § 711.417. When must the investigator complete the investigation? |
| § 711.419. What if the investigator cannot complete the investigation on time? |
| § 711.421. What are the possible findings of an investigation? |
| § 711.423. Is the investigator required to designate a perpetrator or alleged perpetrator? |
| SUBCHAPTER F. PROVISION OF SERVICES |
| § 711.551. What action does the investigator take if an individual enrolled in the HCS waiver program receiving services from an HCS waiver program provider needs emergency services? |
| § 711.553. What action does the investigator take if an individual receiving services from a licensed ICF-IID needs emergency services? |
| SUBCHAPTER G. RELEASE OF REPORT AND FINDINGS |
| § 711.601. Are investigation documents confidential? |
| § 711.603. What is included in the investigative report? |
| § 711.605. Who receives the investigative report? |
| § 711.609. Is the reporter notified of the finding and the method to appeal, and if so, how? |
| § 711.611. Is the victim or alleged victim, guardian, or parent notified of the finding and the method to appeal, and if so, how? |
| § 711.613. Can the investigative report be released by a service provider? |
| SUBCHAPTER J. APPEALING THE INVESTIGATION FINDING |
| § 711.901. What is an appeal of the investigation? |
| § 711.903. How is an appeal affected by a determination that the perpetrator's confirmed act of abuse, neglect, or exploitation may rise to the level of reportable conduct? |
| § 711.905. Who may request an appeal of the investigation? |
| § 711.907. How does a qualified party request an appeal? |
| § 711.909. What is the timeline for requesting an appeal? |
| § 711.911. How and when is the appeal conducted? |
| § 711.913. What if the administrator of a state-operated facility disagrees with the second level appeal decision? |
| § 711.915. Is a finding ever changed without an appeal? |
| SUBCHAPTER L. EMPLOYEE MISCONDUCT REGISTRY |
| § 711.1401. What is the purpose of this subchapter? |
| § 711.1402. How are the terms in this subchapter defined? |
| § 711.1403. To which investigations does this subchapter apply? |
| § 711.1404. How are the terms physical abuse, sexual abuse, verbal or emotional abuse, neglect, exploitation, and financial exploitation defined for the purpose of this subchapter? |
| § 711.1406. How is the term agency defined for the purpose of this subchapter? |
| § 711.1407. What is the Employee Misconduct Registry? |
| § 711.1408. What is reportable conduct? |
| § 711.1413. What notice must HHSC give to an employee before the employee's name is submitted to the EMR? |
| § 711.1414. How will the Notice of Finding be provided to an employee and who is responsible for ensuring that HHSC has a valid mailing address for an employee? |
| § 711.1415. How does an employee dispute a finding of reportable conduct and what happens if the "Request for EMR Hearing" is not filed or not filed properly? |
| § 711.1417. What is the deadline for filing the Request for EMR Hearing? |
| § 711.1419. Is a finding of reportable conduct ever reversed without conducting a hearing? |
| § 711.1421. When and where will the EMR hearing take place and who conducts the hearing? |
| § 711.1423. May an employee or HHSC request that the EMR hearing be rescheduled? |
| § 711.1425. May an employee withdraw a Request for EMR Hearing after it is filed? |
| § 711.1426. What happens if a party fails to appear at a pre-hearing conference or a hearing on the merits? |
| § 711.1427. How is the EMR hearing conducted? |
| § 711.1429. How and when is the decision made after the EMR hearing? |
| § 711.1431. How is judicial review requested and what is the deadline? |
| § 711.1432. What action does HHSC take when an employee has exhausted the employee's administrative remedies? |
| § 711.1434. What special considerations apply to employees of state-operated facilities? |