SECTION 49.511. Immediate Protection and Immediate Protection Plan

(a) HHSC requires a contractor to immediately protect an individual's health and safety if HHSC determines that:

(1) the contractor is not complying with its contract; and

(2) the contractor's failure to comply with its contract jeopardizes the health and safety of the individual.

(b) If HHSC requires immediate protection in accordance with subsection (a) of this section, HHSC notifies the contractor:

(1) orally or in writing, that the contractor must immediately protect the individual's health and safety; and

(2) in writing, that the contractor must submit and implement a written immediate protection plan.

(c) If HHSC notifies the contractor in accordance with subsection (b) of this section, the contractor must:

(1) immediately protect the individual's health and safety; and

(2) submit a written immediate protection plan to HHSC within three business days after the date of the notice from HHSC.

(d) An immediate protection plan submitted in accordance with subsection (c)(2) of this section must:

(1) describe the non-compliance that jeopardized the health and safety of the individual;

(2) describe the immediate protection taken by the contractor;

(3) describe the activities the contractor will perform to prevent the non-compliance described in paragraph (1) of this subsection from reoccurring;

(4) include a schedule for performing the activities described in paragraph (3) of this subsection; and

(5) include:

(A) the title of the person who ensured completion of the immediate protection; and

(B) the title of the person responsible for completion of the activities described in paragraph (3) of this subsection.

Source Note: The provisions of this §49.511 adopted to be effective September 1, 2014, 39 TexReg 6637; amended to be effective September 1, 2018, 43 TexReg 5230