SECTION 711.605. Who receives the investigative report?

(a) The investigator sends a copy of the investigative report to:

(1) The notification contact identified in §711.401(a) of this title (relating to Who and When does the investigator notify for allegations of abuse, neglect, or exploitation and when is the identity of the reporter revealed?) with the identity of the reporter revealed in accordance with §711.401(b);

(2) The appropriate health and human service agency including:

(A) HHSC for investigations involving managed care organization members;

(B) DADS State Office, if the investigation involves:

(i) A state supported living center;

(ii) An HCS waiver program or TxHmL waiver program providers; or

(iii) Licensed ICF-IID; and

(C) DSHS State Office, if the investigation involves:

(i) Youth Empowerment Services (YES) waiver program, the waiver authorized under 1915c of the Social Security Act; or

(ii) Home and Community-based Services-Adult Mental Health Program (HCBS-AMH), the program authorized under 1915i of the Social Security Act;

(3) The DADS Assistant Commissioner of state supported living centers (SSLC) or the DSHS Assistant Commissioner for Mental Health and Substance Abuse Services or their designee for an investigation in a facility, as applicable;

(4) Local law enforcement when an individual receiving services has been abused, neglected, or exploited in a manner that constitutes a criminal offense under any law, including Texas Penal Code §22.04;

(5) The Office of the Inspector General when an individual receiving services at a state hospital, SSLC, or ICF-IID component of the Rio Grande State Center has been abused, neglected, or exploited in a manner that constitutes a criminal offense under any law; and

(6) The state office of Adult Protective Services for any confirmed finding against a licensed professional except for investigations involving licensed professionals employed at a state hospital or state supported living center.

(b) The state office of APS forwards a copy of the report received under subsection (a)(6) of this section to the appropriate professional licensing board.

(c) A provider who contracts with a managed care organization must forward any completed investigation report received under subsection (a) of this section to the managed care organization with which the provider contracts for services for the alleged victim.

(d) Law enforcement or a prosecutor may request that DFPS delay the release of the investigative report, or may request that DFPS delay forwarding a copy of the report to the appropriate licensing authority.

Source Note: The provisions of this §711.605 adopted to be effective September 1, 2016, 41 TexReg 6218; transferred effective June 15, 2019, as published in the Texas Register May 24, 2019, 44 TexReg 2617