SECTION 711.1413. What notice must HHSC give to an employee before the employee's name is submitted to the EMR?

When HHSC determines that an employee committed reportable conduct, HHSC must provide a written "Notice of Finding" to the employee. The notice must include:

(1) a brief summary of the incident that resulted in a confirmed or validated finding of abuse, neglect, or exploitation and a brief explanation of why the finding meets the definition of reportable conduct;

(2) a statement of the employee's right to dispute the finding by filing a "Request for EMR Hearing" and the instructions for doing so;

(3) a statement that HHSC will submit the employee's name for inclusion in the EMR if the employee accepts the finding of reportable conduct;

(4) an explanation of how the employee may obtain a copy of the investigation records;

(5) a statement that a person whose name is recorded in the registry is prohibited by law from working for certain facilities or agencies, as provided under Chapters 250 and 253, Health and Safety Code;

(6) a statement that HHSC may determine that this situation is an emergency and that the case information or finding may be released immediately to the agency where the employee is or was employed so that the agency may take any precautions it determines necessary to protect clients or persons served;

(7) a statement that HHSC reserves the right to make an emergency release of the findings to any subsequent employer of the employee if the employee has access to similar clients or persons served;

(8) a statement that the employee is responsible for keeping HHSC timely informed of the employee's current employment and residential contact information, including addresses and phone numbers, pending the outcome of any appeal filed by the employee; and

(9) a statement that if the employee fails, without good cause, to file a timely request for an EMR hearing, the employee will be deemed to have waived the employee's rights to dispute the finding and the employee's name will be submitted to the EMR.

Source Note: The provisions of this §711.1413 adopted to be effective July 5, 2020, 45 TexReg 4525