reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter A - INTRODUCTION › Section 711.13 - How is sexual abuse defined?

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  In this chapter, when the alleged perpetrator is a direct provider, sexual
				  abuse is defined as any sexual activity, including but not limited to:
(1) kissing an individual receiving services
				  with sexual intent;
(2) hugging an
				  individual receiving services with sexual intent;
(3) stroking an individual receiving services
				  with sexual intent;
(4) fondling an
				  individual receiving services with sexual intent;
(5) engaging in with an individual receiving
				  services:
(A) sexual conduct as defined in
				  the Texas Penal Code, §
												43.01; or
(B) any activity that is obscene as defined
				  in the Texas Penal Code, §
												43.21;
(6) requesting, soliciting, or
				  compelling an individual receiving services to engage in:
(A) sexual conduct as defined in the Texas
				  Penal Code, §
												43.01; or
(B) any activity that is obscene as defined
				  in the Texas Penal Code, §
												43.21;
(7) in the presence of an
				  individual receiving services:
(A) engaging
				  in or displaying any activity that is obscene, as defined in the Texas Penal
				  Code §
												43.21; or
(B) requesting, soliciting, or compelling
				  another person to engage in any activity that is obscene, as defined in the
				  Texas Penal Code §
												43.21;
(8) committing sexual
				  exploitation. Sexual exploitation is defined as:
(A) a pattern, practice, or scheme of conduct
				  against an individual receiving services, which may include sexual contact,
				  that can reasonably be construed as being for the purposes of sexual arousal or
				  gratification or sexual abuse of any person.
(B) The term does not include obtaining
				  information about a patient's sexual history within standard accepted clinical
				  practice.
(9) committing
				  sexual assault as defined in the Texas Penal Code §
											22.011, against an
				  individual receiving services;
(10)
				  committing aggravated sexual assault as defined in the Texas Penal Code, §
											22.021,
				  against an individual receiving services; and
(11) causing, permitting, encouraging,
				  engaging in, or allowing the photographing, filming, videotaping, or depicting
				  of an individual receiving services if the direct provider knew or should have
				  known that the resulting photograph, film, videotape, or depiction of the
				  individual receiving services is obscene as defined in the Texas Penal Code,
				  §
											43.21, or is
				  pornographic.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter A - INTRODUCTION › Section 711.17 - How is verbal/emotional abuse defined?

Current through Reg. 49, No. 28; July 12, 2024
(a) In this chapter, when the alleged
				  perpetrator is a direct provider, verbal/emotional abuse is defined as:
(1) the willful infliction of an act or
				  repeated acts of verbal or other communication, including gestures, to harass,
				  intimidate, humiliate, or degrade an individual receiving services;
				  or
(2) threats of physical or
				  emotional harm against an individual receiving services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter A - INTRODUCTION › Section 711.19 - How is neglect defined?

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  this chapter, when the alleged perpetrator is a direct provider to an
				  individual receiving services in or from a facility, local authority, community
				  center, or HCS waiver program or TxHmL waiver program provider, neglect is
				  defined as a negligent act or omission which caused or may have caused physical
				  or emotional injury or death to an individual receiving services or which
				  placed an individual receiving services at risk of physical or emotional injury
				  or death.
(b) Examples of neglect
				  may include, but are not limited to, the failure to:
(1) establish or carry out an appropriate
				  individual program plan or treatment plan for a specific individual receiving
				  services, if such failure results in physical or emotional injury or death to
				  an individual receiving services or which placed an individual receiving
				  services at risk of physical or emotional injury or death;
(2) provide adequate nutrition, clothing, or
				  health care to a specific individual receiving services in a residential or
				  inpatient program if such failure results in physical or emotional injury or
				  death to an individual receiving services or which placed an individual
				  receiving services at risk of physical or emotional injury or death;
				  or
(3) provide a safe environment
				  for a specific individual receiving services, including the failure to maintain
				  adequate numbers of appropriately trained staff, if such failure results in
				  physical or emotional injury or death to an individual receiving services or
				  which placed an individual receiving services at risk of physical or emotional
				  injury or death.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter A - INTRODUCTION › Section 711.21 - How is exploitation defined?

Current through Reg. 49, No. 28; July 12, 2024
In this chapter, when the alleged perpetrator is a direct
					 provider to an individual receiving services, exploitation is defined as the
					 illegal or improper act or process of using an individual receiving services or
					 the resources of an individual receiving services for monetary or personal
					 benefit, profit, or gain, and excludes:
(1) theft as defined in Chapter 31 of the
				  Texas Penal Code;
(2) allegations
				  of exploitation less than $25.00; and
(3) a loan, which includes money or property
				  given to someone to use for a period of time with an understanding that it will
				  be paid back or returned, made by an individual receiving services to a direct
				  provider in a community provider setting.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter A - INTRODUCTION › Section 711.23 - What is not considered abuse, neglect, or exploitation?

Current through Reg. 49, No. 28; July 12, 2024
Abuse, neglect, and exploitation do not include the
					 following:
(1) the proper use of
				  restraints and seclusion, including Prevention and Management of Aggressive
				  Behavior (PMAB), and the approved application of behavior modification
				  techniques as described in:
(A) 25 TAC
				  Chapter 415, Subchapter F (relating to Interventions in Mental Health
				  Programs);
(B) 25 TAC Chapter 404,
				  Subchapter E (relating to Rights of Persons Receiving Mental Health
				  Services);
(C) 40 TAC Chapter 3,
				  Subchapter F (relating to Restraints);
(D) 40 TAC Chapter 90, Subchapter C (relating
				  to Standards for Licensure);
(E) 40
				  TAC Chapter 2, Subchapter G (relating to Role and Responsibilities of a Local
				  Authority);
(F) 40 TAC Chapter 9,
				  Subchapter D (relating to Home and Community-based Services (HCS) Program and
				  Community First Choice (CFC));
(G)
				  40 TAC Chapter 9, Subchapter N (relating to Texas Home Living (TxHmL) Program
				  and Community First Choice (CFC));
(H) 26 TAC Chapter 558, Subchapter H
				  (Standards Specific to Agencies Licensed to Provide Hospice
				  Services);
(I) 40 TAC Chapter 42,
				  Subchapter D (relating to Additional Program Provider Provisions);
(J) 1 TAC Chapter 353, Subchapter C (Member
				  Bill of Rights); and
(K) 40 TAC
				  Chapter 45, Subchapter H (relating to Additional DSA Requirements).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter C - DUTY TO REPORT › Section 711.201 - What is your duty to report if you are a direct provider or service provider?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you know or
				  suspect that any individual receiving services is being or has been abused,
				  neglected, or exploited or meets other criteria specified in §
										711.5 of Title 40 (relating to
				  What does APS investigate under this chapter?), you must:
(1) report such knowledge or suspicion to
				  DFPS immediately, if possible, by calling the DFPS toll-free number at
				  1-800-647-7418 or using the Internet at
				  http://www.txabusehotline.org;
(2)
				  preserve and protect any evidence related to the allegation in accordance with
				  instructions from DFPS; and
(3)
				  cooperate with the investigator during the investigation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter E - CONDUCTING THE INVESTIGATION › Section 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?

Current through Reg. 49, No. 28; July 12, 2024
(a) When the
				  provider is a state supported living center, state hospital, or the ICF-IID
				  component of the Rio Grande State Center, the investigator makes the following
				  notifications:
(1) the investigator notifies
				  law enforcement within one (1) hour of any allegation of abuse, neglect, or
				  exploitation involving a child.
(2)
				  the investigator notifies law enforcement within one (1) hour of any allegation
				  of abuse, neglect, or exploitation involving an adult believed to constitute a
				  criminal offense under any law.
(3)
				  the investigator notifies OIG within one (1) hour of any allegation of abuse,
				  neglect, or exploitation involving an individual receiving services believed to
				  constitute a criminal offense under any law.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter E - CONDUCTING THE INVESTIGATION › Section 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?

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  all allegations of abuse, neglect, or exploitation of an individual receiving
				  services, the investigator makes the following notifications, as appropriate:
Attached
					 Graphic
(b) For
				  these notifications, described in subsection (a) of this section, the identity
				  of the reporter is revealed only if the alleged perpetrator is a mental health
				  service provider and the allegation is sexual exploitation in accordance with
				  Chapter 81, Texas Civil Practice and Remedies Code.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter E - CONDUCTING THE INVESTIGATION › Section 711.403 - Who and when does the investigator notify upon receiving an allegation that relates to a general complaint?

Current through Reg. 49, No. 28; July 12, 2024
Within 24 hours or the next working day following receipt
					 of an allegation that relates to a general complaint, as described in §
										711.7(2) of Title 40 (relating to
					 What does APS not investigate under this chapter?), the investigator makes
					 notifications per §
										711.401(a) of Title 40 (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?) if the
					 service provider is identified at intake.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter E - CONDUCTING THE INVESTIGATION › Section 711.405 - What action does the investigator take if the alleged perpetrator is a licensed professional?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  investigator determines whether the allegation involves clinical practice by
				  consultation with an appropriate professional, and in state hospitals, in
				  accordance with 25 TAC §
										417.509(relating to
				  Peer Review).
(b) If the allegation
				  is determined to involve clinical practice, the investigator refers the
				  allegation to the service provider for peer or professional review. If the
				  service provider does not have a peer or professional review process, the
				  investigator refers the allegation to the service provider as well as the
				  appropriate professional licensing board.
(c) If the allegation is determined to not
				  involve clinical practice, the investigator investigates the
				  allegation.
(d) If there are
				  multiple allegations, the investigator refers any allegation involving clinical
				  practice to the service provider for peer/professional review and investigates
				  any allegation not involving clinical practice.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter E - CONDUCTING THE INVESTIGATION › Section 711.413 - How are investigations prioritized?

Current through Reg. 49, No. 28; July 12, 2024
Each investigation is assigned a priority in accordance
					 with the following:
(1) Priority I
				  reports have a serious risk that a delay in investigation will impede the
				  collection of evidence, or allege that the victim has been subjected to abuse,
				  neglect, or exploitation by act or omission that caused or may have caused
				  serious physical or emotional harm. Priority 1 reports include, but are not
				  limited to, the following:
(A)
				  Death;
(B) Sexual abuse;
(C) Serious physical injury; or
(D) Verbal/emotional abuse, such as a death
				  threat, or a threat of serious physical or emotional harm; or
(E) Incitement to harm self or
				  others.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter E - CONDUCTING THE INVESTIGATION › Section 711.415 - What are the requirements for face-to-face contact with the alleged victim?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  investigator makes a face-to-face contact with the alleged victim except when
				  the intake alleges any allegation type when there is no physical or emotional
				  injury to the alleged victim and no risk of physical or emotional injury or
				  death to the alleged victim.
(b)
				  If during the course of an investigation the investigator determines a
				  face-to-face contact with the alleged victim is necessary, the investigator
				  conducts such contact.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter E - CONDUCTING THE INVESTIGATION › Section 711.417 - When must the investigator complete the investigation?

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless an extension is granted in
				  accordance with §
										711.419 of Title 40 (relating to
				  What if the investigator cannot complete the investigation on time?), the
				  investigator must complete the investigation within the following time frames:
(1) within 10 calendar days of the allegation
				  by DFPS if the investigation is in a state supported living center or the
				  ICF-IID component of the Rio Grande State Center.
(2) within 14 calendar days of receipt of the
				  allegation by DFPS if the investigation is in a state hospital and is a
				  Priority I or II.
(3) within 21
				  calendar days of receipt of the allegation by DFPS if the investigation is in a
				  state hospital and is a Priority III.
(4) within 30 calendar days of receipt of the
				  allegation by DFPS for all other investigations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter E - CONDUCTING THE INVESTIGATION › Section 711.419 - What if the investigator cannot complete the investigation on time?

Current through Reg. 49, No. 28; July 12, 2024
(a) If additional time is required to
				  complete the investigation, the investigator must request an extension by
				  submitting an extension request to the appropriate program administrator or
				  designee.
(b) The program
				  administrator or designee may grant an extension for good cause .
(c) The investigator notifies the service
				  provider of the extension .
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter E - CONDUCTING THE INVESTIGATION › Section 711.421 - What are the possible findings of an investigation?

Current through Reg. 49, No. 28; July 12, 2024
At the conclusion of an investigation, the investigator
					 must make one of the following findings:
Attached
					 Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter E - CONDUCTING THE INVESTIGATION › Section 711.423 - Is the investigator required to designate a perpetrator or alleged perpetrator?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  investigator must designate a perpetrator or alleged perpetrator if the
				  investigation results in a confirmed finding.
(b) The perpetrator is "perpetrator unknown"
				  when a positive identification of the responsible person(s) cannot be
				  made.
(c) The perpetrator is
				  "systems issue" when the investigator determines that the lack of established
				  policy or procedure contributed to the abuse, neglect, or
				  exploitation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter F - PROVISION OF SERVICES › Section 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?

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  investigator determines that an individual receiving HCS waiver program
				  services from an HCS waiver program provider is in immediate threat of serious
				  physical harm or death as a result of abuse, neglect, or exploitation, then the
				  investigator requests that the HCS waiver program provider, if appropriate,
				  take action to remove the threat of physical harm or death. In deciding whether
				  it is appropriate to request that the HCS waiver program provider take action,
				  the investigator considers the following factors at a minimum:
(1) the ability of the HCS waiver program
				  provider to take action in a timely manner;
(2) identity of the alleged
				  perpetrator;
(3) setting/location
				  of the HCS waiver program provider; and
(4) type of action needed to remove the
				  threat.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter F - PROVISION OF SERVICES › Section 711.553 - What action does the investigator take if an individual receiving services from a licensed ICF-IID needs emergency services?

Current through Reg. 49, No. 28; July 12, 2024
(a) If the investigator determines that an
				  individual receiving services from a licensed ICF-IID is in immediate threat of
				  serious physical harm or death as a result of abuse, neglect, or exploitation,
				  then the investigator requests that the licensed ICF-IID, if appropriate, take
				  action to remove the threat of physical harm or death. In deciding whether it
				  is appropriate to request that the licensed ICF-IID take action, the
				  investigator considers the following factors at a minimum:
(1) the ability of the licensed ICF-IID to
				  take action in a timely manner;
(2)
				  identity of the alleged perpetrator;
(3) location of the licensed ICF-IID site;
				  and
(4) type of action needed to
				  remove the threat.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter F - PROVISION OF SERVICES › Section 711.555 - What action does the investigator take if an adult lives in a residence that is owned, operated, or controlled by an HCS waiver program provider but does not receive HCS waiver services and needs emergency services?

Current through Reg. 49, No. 28; July 12, 2024
(a) If the investigator determines that an
				  adult who lives in a residence that is owned, operated, or controlled by an HCS
				  waiver program provider but does not receive HCS waiver services is in
				  immediate threat of serious physical harm or death as a result of abuse,
				  neglect, or exploitation, then the investigator requests that the HCS waiver
				  program provider, if appropriate, take action to remove the threat of physical
				  harm or death. In deciding whether it is appropriate to request that the
				  provider take action, the investigator considers the following factors at a
				  minimum:
(1) ability of the provider to take
				  action in a timely manner;
(2)
				  identity of the alleged perpetrator;
(3) setting of the service provision;
				  and
(4) type of action needed to
				  remove the threat.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter F - PROVISION OF SERVICES › Section 711.557 - What action does the investigator take if a child lives in a residence that is owned, operated, or controlled by an HCS waiver program provider but does not receive HCS waiver services and needs emergency services?

Current through Reg. 49, No. 28; July 12, 2024
(a) If the investigator determines that a
				  child who lives in a residence that is owned, operated, or controlled by an HCS
				  waiver program provider but does not receive HCS waiver services is in
				  immediate threat of serious physical harm or death as a result of abuse,
				  neglect, or exploitation, then the investigator requests that the HCS waiver
				  program provider, if appropriate, take action to remove the threat of physical
				  harm or death. In deciding whether it is appropriate to request that the HCS
				  waiver program provider take action, the investigator considers the following
				  factors at a minimum the:
(1) ability of the
				  provider to take action in a timely manner;
(2) identity of the alleged
				  perpetrator;
(3) setting/location
				  of the HCS waiver program provider; and
(4) type of action needed to remove the
				  threat.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter G - RELEASE OF REPORT AND FINDINGS › Section 711.601 - Are investigation documents confidential?

Current through Reg. 49, No. 28; July 12, 2024
Yes. The reports, records, and working papers used by or
					 developed in the investigative process, and the resulting investigative report,
					 are confidential and may be disclosed only as allowed by law or this
					 chapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter G - RELEASE OF REPORT AND FINDINGS › Section 711.603 - What is included in the investigative report?

Current through Reg. 49, No. 28; July 12, 2024
The investigative report includes the following:
(1) a statement of the allegation or
				  allegations;
(2) a summary of the
				  investigation;
(3) an analysis of
				  the evidence;
(4) a finding that
				  the allegation is confirmed, unconfirmed, inconclusive, or unfounded;
(5) concerns and recommendations, if any,
				  resulting from the investigation;
(6) the name of the perpetrator or alleged
				  perpetrator;
(7) photographs
				  relevant to the investigation, including photographs showing the existence of
				  injuries or the non-existence of injuries, when appropriate; and
(8) all witness statements and supporting
				  documents.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter G - RELEASE OF REPORT AND FINDINGS › Section 711.605 - Who receives the investigative report?

Current through Reg. 49, No. 28; July 12, 2024
(a) The investigator sends a copy of the
				  investigative report to:
(1) The notification
				  contact identified in §
											711.401(a) of Title 40 (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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter G - RELEASE OF REPORT AND FINDINGS › Section 711.609 - Is the reporter notified of the finding and the method to appeal, and if so, how?

Current through Reg. 49, No. 28; July 12, 2024
Yes; the reporter is notified of the finding of the
					 investigation and the method to appeal the finding. The investigator makes the
					 notification within 5 business days of completion of the
					 investigation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter G - RELEASE OF REPORT AND FINDINGS › Section 711.611 - Is the victim or alleged victim, guardian, or parent notified of the finding and the method to appeal, and if so, how?

Current through Reg. 49, No. 28; July 12, 2024
Yes; the victim or alleged victim, guardian, or parent (if
					 the victim or alleged victim is a child) is notified of the finding of the
					 investigation and the method to appeal the finding.
(1) For facilities, community centers, local
				  authorities, and HCS waiver program or TxHmL waiver program providers providing
				  services to an individual enrolled in the HCS or TxHmL waiver programs, the
				  notification is made in accordance with the following rules of DADS and DSHS:
(A) for state hospitals and the mental health
				  services of the Rio Grande State Center--25 TAC §
											417.510(relating
				  to Completion of the Investigation);
(B) for state supported living centers and
				  the ICF-IID component of the Rio Grande State Center--40 TAC §
											3.305(c)
				  (relating to Completion of an Investigation);
(C) for local authorities and community
				  centers--25 TAC §
											414.555
				  and 40TAC § 4.555 (relating to Information To Be Provided to Victim or
				  Alleged Victim and Others);
(D) for
				  HCS waiver programs--40 TAC Chapter 9, Subchapter D (relating to Home and
				  Community-based Services (HCS) program;
(E) for TxHmL waiver programs--40 TAC Chapter
				  9, Subchapter N (relating to Texas Home Living (TxHmL) program); or
(F) for licensed ICFs-IID--40 TAC Chapter 90,
				  Subchapter G (relating to Abuse, Neglect, and Exploitation; Complaint and
				  Incident Reports and Investigations); and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter G - RELEASE OF REPORT AND FINDINGS › Section 711.613 - Can the investigative report be released by a service provider?

Current through Reg. 49, No. 28; July 12, 2024
Upon request, the investigative report (with any
					 information concealed that would reveal the identities of the reporter and any
					 individual receiving services who is not the victim or alleged victim) may be
					 released:
(1) by a facility to:
(A) the victim or alleged victim, guardian,
				  or parent (if the victim or alleged victim is a child), in accordance with 25
				  TAC §
											417.511(b)
				  (relating to Confidentiality of Investigative Process and Report), and 40 TAC
				  §
											3.305(k)
				  (relating to Completion of an Investigation); and
(B) the perpetrator in accordance with 25 TAC
				  §
											417.512(d)
				  (relating to Classifications and Disciplinary Actions) and 40 TAC §
											3.305(e);
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter J - APPEALING THE INVESTIGATION FINDING › Section 711.901 - What is an appeal of the investigation?

Current through Reg. 49, No. 28; July 12, 2024
(a) An appeal is a challenge of the findings
				  of the investigation, as described in §
										711.421 of this chapter (relating
				  to What are the possible findings of an investigation?) by a qualified party,
				  as described by §
										711.905 of this chapter (relating
				  to Who may request an appeal of the investigation?) that results in a review of
				  the investigation.
(b) An appeal
				  may not challenge the determination of whether a confirmation rises to the
				  level of reportable conduct for purposes of the Employee Misconduct
				  Registry.
(c) There are two levels
				  of appeal:
(1) The first level appeal is
				  conducted by the Director of Provider Investigations or his or her designee, or
				  a reviewer designated by the Director of Provider Investigations .
(2) If a qualified party disagrees with the
				  decision of the first appeal, the qualified party may further appeal. This
				  second level appeal is conducted by a reviewer designated by the Director of
				  Provider Investigations .
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter J - APPEALING THE INVESTIGATION FINDING › Section 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?

Current through Reg. 49, No. 28; July 12, 2024
(a) An appeal that
				  is described in this subchapter is not affected by a determination that the
				  confirmed act or acts of abuse, neglect, or exploitation may rise to the level
				  of reportable conduct.
(b) The
				  designated perpetrator will not receive notice about his or her right to
				  request an EMR hearing until:
(1) the
				  timeframe for all appeals described in this subchapter have expired;
				  or
(2) until the second appeal is
				  completed and a confirmed finding that rises to the level of reportable conduct
				  is upheld.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter J - APPEALING THE INVESTIGATION FINDING › Section 711.905 - Who may request an appeal of the investigation?

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to be a qualified party to
				  request an appeal, you must be:
(1) the
				  administrator of the service provider or their attorney;
(2) the CDS employer or their legal
				  representative;
(3) the
				  reporter;
(4) the victim or alleged
				  victim, or the legal guardian or parent (if the victim or alleged victim is a
				  child); or
(5) Disability Rights
				  Texas, only if Disability Rights Texas represents the victim or alleged victim
				  or is authorized by law to represent the victim or alleged victim.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter J - APPEALING THE INVESTIGATION FINDING › Section 711.907 - How does a qualified party request an appeal?

Current through Reg. 49, No. 28; July 12, 2024
(a) To request an appeal, the qualified party
				  must:
(1) complete the required form;
				  and
(2) send the completed form
				  either via email to the email address or via mail to the mailing address
				  designated on the form.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter J - APPEALING THE INVESTIGATION FINDING › Section 711.909 - What is the timeline for requesting an appeal?

Current through Reg. 49, No. 28; July 12, 2024
(a) To request a first level appeal:
(1) service providers may request an appeal
				  no later than the 30th calendar day following the date the investigative report
				  was signed and dated by the investigator; and
(2) reporters, alleged victims, legal
				  guardians, and Disability Rights Texas may request an appeal no later than the
				  60th calendar day following the date the investigative report was signed and
				  dated by the investigator.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter J - APPEALING THE INVESTIGATION FINDING › Section 711.911 - How and when is the appeal conducted?

Current through Reg. 49, No. 28; July 12, 2024
(a) A first level appeal is conducted by the
				  Director of Provider Investigations or his or her designee, or a reviewer
				  designated by the Director or Provider Investigations, who:
(1) analyzes the investigative report and the
				  methodology used to conduct the investigation and makes a decision to sustain,
				  alter, or reverse the original finding;
(2) completes the review within 14 calendar
				  days after receipt of the complete appeal request;
(3) notifies the appeal requestor of the
				  appeal decision; and
(4) notifies
				  the service provider, victim, or reporter, as appropriate, if the finding
				  changed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter J - APPEALING THE INVESTIGATION FINDING › Section 711.913 - What if the administrator of a state-operated facility disagrees with the second level appeal decision?

Current through Reg. 49, No. 28; July 12, 2024
If the administrator of a state-operated facility disagrees
					 with the second level appeal decision, as referenced in §
										711.911(b) of this chapter
					 (relating to How and when is the appeal conducted?), then the administrator may
					 contest the decision in accordance with 25 TAC §
										417.510(g)(2)
					 (relating to Completion of the Investigation) and 40 TAC §
										3.305(b)
					 (relating to Completion of an Investigation).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter J - APPEALING THE INVESTIGATION FINDING › Section 711.915 - Is a finding ever changed without an appeal?

Current through Reg. 49, No. 28; July 12, 2024
Provider Investigations , in its sole discretion, may
					 designate a person to conduct a review of the investigation records or reopen
					 an investigation to collect additional evidence. If a review of the records and
					 any additional investigation results in a change of the finding, the reviewer
					 or his or her designee will notify the appropriate parties in
					 writing.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter L - EMPLOYEE MISCONDUCT REGISTRY › Section 711.1401 - What is the purpose of this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to implement Subchapter
					 I, Chapter
					 48, Human
					 Resources Code, relating to the Employee Misconduct Registry (EMR), established
					 under Chapter
					 253, Health
					 and Safety Code, and maintained by the Health and Human Services Commission
					 (HHSC).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter L - EMPLOYEE MISCONDUCT REGISTRY › Section 711.1402 - How are the terms in this subchapter defined?

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise:
(1)
				  Administrative law judge--An attorney who serves as a hearings examiner and
				  conducts an EMR hearing.
(2)
				  Agency--An entity, person, facility, or provider, as defined in §
										711.1406 of this subchapter
				  (relating to How is the term agency defined for the purpose of this
				  subchapter?).
(3) APS--The Adult
				  Protective Services division within the Department of Family and Protective
				  Services, which is authorized to conduct investigations of alleged abuse,
				  neglect, or exploitation of certain adults under Chapter
				  48, Human
				  Resources Code, and certain children under §
										261.404, Family
				  Code.
(4) Designated perpetrator--A
				  person determined by Provider Investigations (PI) to have committed abuse,
				  neglect, or exploitation who may be eligible for inclusion on the Employee
				  Misconduct Registry, when the abuse, neglect or exploitation meets the
				  definition of reportable conduct.
(5) DFPS--The Department of Family and
				  Protective Services.
(6)
				  Employee--A person who:
(A) works for:
(i) an agency, whether as an employee
				  contractor, volunteer or agent; or
(ii) an individual employer participating in
				  the consumer-directed service option, as defined by Government Code §
												531.051;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter L - EMPLOYEE MISCONDUCT REGISTRY › Section 711.1403 - To which investigations does this subchapter apply?

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to PI
				  investigations involving an employee as defined in §
										711.1402 of this subchapter
				  (relating to How are the terms in this subchapter defined?).
(b) Notwithstanding subsection (a) of this
				  section, a certified nurse aide who commits reportable conduct while working
				  for an agency is eligible to be reported to the EMR, as provided by §
										253.001(3),
				  Health and Safety Code.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter L - EMPLOYEE MISCONDUCT REGISTRY › Section 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?

Current through Reg. 49, No. 28; July 12, 2024
(a) For In-home
				  investigations, the definitions of physical abuse, sexual abuse, verbal or
				  emotional abuse, neglect, and financial exploitation are adopted pursuant to
				  §
										48.002(c),
				  Human Resources Code, and are found in Title 40, Texas Administrative Code,
				  Chapter 705, Subchapter A (relating to Definitions) in the rules adopted
				  pursuant to §
										48.002(c)
				  of the Human Resources Code.
(b)
				  For provider investigations--the definitions of physical abuse, sexual abuse,
				  verbal or emotional abuse, neglect, and exploitation are adopted pursuant to
				  §
										48.002(b),
				  Human Resources Code, and are found in Subchapter A of this chapter (relating
				  to Introduction).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter L - EMPLOYEE MISCONDUCT REGISTRY › Section 711.1407 - What is the Employee Misconduct Registry?

Current through Reg. 49, No. 28; July 12, 2024
The EMR is a database maintained by HHSC that contains the
					 names of persons who have committed reportable conduct. A person whose name is
					 recorded in the registry is prohibited by law from working for certain
					 facilities or agencies, as provided under Chapter
					 253, Health
					 and Safety Code.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter L - EMPLOYEE MISCONDUCT REGISTRY › Section 711.1408 - What is reportable conduct?

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Reportable conduct is defined in §
										48.401, Human
				  Resources Code, as:
(1) abuse or neglect that
				  causes or may cause death or harm to an individual receiving agency
				  services;
(2) sexual abuse of an
				  individual receiving agency services;
(3) financial exploitation of an individual
				  receiving agency services in an amount of $25 or more; and
(4) emotional, verbal, or psychological abuse
				  that causes harm to an individual receiving agency
				  services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter L - EMPLOYEE MISCONDUCT REGISTRY › Section 711.1413 - What notice must HHSC give to an employee before the employee's name is submitted to the EMR?

Current through Reg. 49, No. 28; July 12, 2024
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.