reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 4 - SURVEYS, INVESTIGATIONS, AND ENFORCEMENT › Section 559.239 - Definitions of Abuse, Neglect, and Exploitation

Current through Reg. 49, No. 28; July 12, 2024
For purposes of this subchapter, the definitions of
						abuse, neglect, and exploitation are those found in Chapter
						48, Texas Human
						Resources Code, and §
											559.2 of this chapter (relating to
						Definitions).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 4 - SURVEYS, INVESTIGATIONS, AND ENFORCEMENT › Section 559.241 - Reporting Abuse, Neglect, Exploitation, or Incidents to HHSC

Current through Reg. 49, No. 28; July 12, 2024
(a) Any individualized
					 skills and socialization provider staff who has reasonable cause to believe
					 that an individual is in a state of abuse, neglect, or exploitation must report
					 the abuse, neglect, or exploitation to the Texas Health and Human Services
					 (HHSC) Complaint and Incident Intake Section within one hour after suspecting
					 or learning of the alleged abuse, neglect, or exploitation.
(b) In addition to the reporting requirements
					 described in subsection (a) of this section, an individualized skills and
					 socialization provider must report the death of an individual when the death
					 occurs while the individual is receiving services from an individualized skills
					 and socialization provider to the HHSC Complaint and Incident Intake Section
					 within one hour after learning of the individual's death.
(c) The following information must be
					 reported to HHSC when making a report described in subsections (a) or (b) of
					 this section:
(1) name, age, and address of
					 the individual;
(2) name and
					 address of the person responsible for the care of the individual, if
					 available;
(3) nature and extent of
					 the individual's condition;
(4)
					 basis of the reporter's knowledge; and
(5) any other relevant information.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 4 - SURVEYS, INVESTIGATIONS, AND ENFORCEMENT › Section 559.243 - HHSC Complaint Investigation

Current through Reg. 49, No. 28; July 12, 2024
(a) A complaint is any
					 allegation received by the Texas Health and Human Services Commission (HHSC)
					 regarding abuse, neglect, or exploitation of an individual or a violation of
					 state standards.
(b) HHSC must give
					 the individualized skills and socialization provider notification of the
					 complaint received and a summary of the complaint, without identifying the
					 source of the complaint.
(c) HHSC
					 investigates complaints of abuse, neglect, or exploitation when the alleged
					 victim is an individual receiving services from an individualized skills and
					 socialization provider and:
(1) the act
					 occurs at the on-site individualized skills and socialization
					 location;
(2) the act occurs during
					 the provision of off-site individualized skills and socialization;
(3) the individualized skills and
					 socialization provider is responsible for the supervision of the individual at
					 the time the act occurs; or
(4) the
					 alleged perpetrator is affiliated with the individualized skills and
					 socialization provider.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 4 - SURVEYS, INVESTIGATIONS, AND ENFORCEMENT › Section 559.245 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
All reports, records, communications, and working papers
						used or developed by the Texas Health and Human Services Commission (HHSC) in
						an investigation are confidential and may be released only as provided in this
						section.
(1) The final written
					 investigation report on cases may be furnished to the district attorney and
					 appropriate law enforcement agencies if the investigation reveals abuse that is
					 a criminal offense. HHSC may provide to another state agency or governmental
					 entity information that is necessary for HHSC, state agency, or entity to
					 properly execute its duties and responsibilities to provide services to a
					 person with a disability or the elderly.
(2) The final written investigation report
					 may be released to the public upon request provided the report is de-identified
					 to remove all names and other personally identifiable data, including any
					 information from witnesses and other person furnished to HHSC as part of the
					 investigation.
(3) The reporter and
					 the individualized skills and socialization provider will be notified of the
					 results of HHSC's investigation of a reported case of abuse, neglect, or
					 exploitation, whether HHSC concluded that abuse, neglect, or exploitation
					 occurred or did not occur.
(4) Upon
					 written request of the person who is the subject of the report of abuse,
					 neglect, or exploitation or his or her legal representative, HHSC releases to
					 the person or his or her legal representative otherwise confidential
					 information relating to the final report. The request must specify the
					 information desired and be signed and dated by the person or his or her legal
					 representative. The legal representative of a deceased person may make a
					 written request for this information. The legal representative of a deceased
					 person must also specify the reason the information is requested. Any legal
					 representative must include with the request sufficient documentation to
					 establish his or her authority. HHSC edits the information before release to
					 protect the confidentiality of information related to the reporter's identity
					 and to protect any other person whose safety or welfare may be endangered by
					 disclosure.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 4 - SURVEYS, INVESTIGATIONS, AND ENFORCEMENT › Section 559.247 - Nonemergency Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Health
					 and Human Services Commission (HHSC) may suspend an individualized skills and
					 socialization provider's license when the individualized skills and
					 socialization provider's violation of the licensure rules threatens to
					 jeopardize the health and safety of individuals.
(b) Suspension of a license may occur
					 simultaneously with any other enforcement provision available to
					 HHSC.
(c) The individualized skills
					 and socialization provider will be notified by certified mail of HHSC's intent
					 to suspend the license, including the facts or conduct alleged to warrant the
					 suspension. The individualized skills and socialization provider has an
					 opportunity to show compliance with all requirements of law for the retention
					 of the license as provided in §
											559.217 of this subchapter
					 (relating to Opportunity to Show Compliance). If the individualized skills and
					 socialization provider requests an opportunity to show compliance, HHSC will
					 give the license holder a written affirmation or reversal of the proposed
					 action.
(d) The individualized
					 skills and socialization provider will be notified by certified mail of HHSC's
					 suspension of the individualized skills and socialization provider's license.
					 If HHSC suspends an individualized skills and socialization provider's license,
					 the licensee may request a formal appeal by following the HHSC's formal hearing
					 procedures in 1 TAC Chapter 357, Subchapter I (relating to Hearings Under the
					 Administrative Procedure Act). A formal administrative hearing is conducted in
					 accordance with Texas Government Code, Chapter 2001, and the formal hearing
					 procedures in 1 TAC Chapter 357, Subchapter I. The suspension will take effect
					 when the deadline for appeal of the suspension passes unless the individualized
					 skills and socialization provider appeals the suspension. If the individualized
					 skills and socialization provider appeals the suspension, the status of the
					 license holder is preserved until final disposition of the contested
					 matter.
(e) The suspension will
					 remain in effect until HHSC determines that the reason for suspension no longer
					 exists. A suspension may last no longer than the term of the license. HHSC will
					 conduct an on-site investigation before making a determination.
(f) An individualized skills and
					 socialization provider with a suspended license will be removed from HHSC's Day
					 Activity and Health Services (DAHS) directory while the suspension is in
					 effect.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 4 - SURVEYS, INVESTIGATIONS, AND ENFORCEMENT › Section 559.249 - Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
					 Health and Human Services Commission (HHSC) may revoke an individualized skills
					 and socialization provider's license when the license holder has violated the
					 requirements of the Texas Human Resources Code, Chapter 103.
(b) In addition, HHSC may revoke a license if
					 the licensee:
(1) submitted false or
					 misleading statements in the application for a license or any accompanying
					 attachments;
(2) used subterfuge or
					 other evasive means to obtain the license;
(3) concealed a material fact in the
					 application for a license or failed to disclose information required in §
												559.205 of this subchapter
					 (relating to Criteria for Licensing) that would have been the basis to deny the
					 license under §
												559.215 of this subchapter
					 (relating to Criteria for Denying a License or Renewal of a License);
					 or
(4) violated the requirements of
					 the Texas Human Resources Code, Chapter 103, or the rules adopted under this
					 subchapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 4 - SURVEYS, INVESTIGATIONS, AND ENFORCEMENT › Section 559.251 - Emergency Suspension and Closing Order

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Health
					 and Human Services Commission (HHSC) will suspend an individualized skills and
					 socialization provider's license or order an immediate closing of part of the
					 facility if:
(1) HHSC finds that the
					 individualized skills and socialization provider is operating in violation of
					 the licensure rules; and
(2) the
					 violation creates an immediate threat to the health and safety of an
					 individual.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 560 - DENIAL OR REFUSAL OF LICENSE › Section 560.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In this chapter:
(1)
				HHSC means the Texas Health and Human Services Commission; and
(2) facility means:
(A) a nursing facility licensed under Chapter
				242 of the Texas Health and Safety Code;
(B) an assisted living facility licensed
				under Chapter 247 of the Texas Health and Safety Code;
(C) a home and community support services
				agency licensed under Chapter 142 of the Texas Health and Safety
				Code;
(D) a day activity and health
				services facility licensed under Chapter 103 of the Texas Human Resources
				Code;
(E) an intermediate care
				facility for individuals with an intellectual disability or related conditions
				licensed under Chapter 252 of the Texas Health and Safety Code; or
(F) a prescribed pediatric extended care
				center licensed under Chapter 248A of the Texas Health and Safety
				Code.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 560 - DENIAL OR REFUSAL OF LICENSE › Section 560.2 - Convictions Barring Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC
				may deny an initial facility license, or refuse to renew a facility license, if
				an applicant for a facility license, a facility license holder, or any other
				person whose criminal history must be verified before a facility license is
				issued:
(1) has been convicted, regardless of
				the date of conviction, of any of the following misdemeanor or felony offenses:
(A) an offense listed in Texas Health and
				Safety Code § 250.006(a) or (c) (relating to Convictions Barring
				Employment);
(B) an offense
				relating to the practice of a health-related profession without a
				license;
(C) an offense relating to
				drugs, dangerous drugs, or controlled substances; or
(D) an offense under any of the following
				sections of the Texas Penal Code:
(i) Section
				22.09, Tampering with consumer product;
(ii) Section 22.10, Leaving a child in a
				vehicle;
(iii) Section 32.42,
				Deceptive business practices;
(iv)
				Section 32.51, Fraudulent use or possession of identifying
				information;
(v) Section 35.02,
				Insurance fraud;
(vi) Section
				42.072, Stalking;
(vii) Section
				42.10, Dog fighting;
(viii) Section
				43.05, Compelling prostitution;
(ix) Section 43.24, Sale, distribution, or
				display of harmful material to minor;
(x) Section 43.25, Sexual performance by a
				child;
(xi) Section 43.251,
				Employment harmful to children;
(xii) Section 43.26, Possession or promotion
				of child pornography;
(xiii)
				Section 46.06, Unlawful transfer of certain weapons;
(xiv) Section 46.13, Making a firearm
				accessible to a child;
(xv) Section
				48.02, Prohibition of the purchase and sale of human organs;
(xvi) Section 49.07, Intoxication
				assault;
(xvii) Section 49.08,
				Intoxication manslaughter; or
(xviii) Section 71.022, Coercing, inducing,
				or soliciting membership in a criminal street gang; or
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 560 - DENIAL OR REFUSAL OF LICENSE › Section 560.3 - Adverse Licensing Record

Current through Reg. 49, No. 28; July 12, 2024
HHSC may deny an application for a license or refuse to renew
				  a license for a facility described in § 560.1(2)(A) - (E) of this chapter
				  (relating to Definitions) if:
(1) any
				of the following persons are listed in a record maintained by a health and
				human services agency under Texas Government Code § 531.952:
(A) the applicant or facility license
				holder;
(B) a person listed on an
				initial or renewal application; or
(C) a controlling person of the applicant or
				facility license holder; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 560 - DENIAL OR REFUSAL OF LICENSE › Section 560.4 - Registry Listings Barring Licensure

Current through Reg. 49, No. 28; July 12, 2024
HHSC may deny an application for an initial facility license,
				  or refuse to renew a facility license, if the applicant for the facility
				  license, the facility license holder, or a controlling person of the applicant
				  or facility license holder is listed:
(1) as unemployable on the Employee
				Misconduct Registry maintained by HHSC in accordance with Texas Health and
				Safety Code, Chapter 253; or
(2)
				with a revoked or suspended status on the Nurse Aide Registry maintained by
				HHSC in accordance with Texas Health and Safety Code, Chapter 250.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 561 - EMPLOYEE MISCONDUCT REGISTRY › Section 561.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter implements Texas Health and
				Safety Code (THSC), Chapter 253, Employee Misconduct Registry (EMR), regarding
				investigating an allegation of abuse, neglect, or exploitation, and entering
				information in the EMR about a finding of reportable conduct by an unlicensed
				employee of a facility, an agency, or an individual employer.
(b) The Texas Health and Human Services
				Commission maintains the EMR and enters information in the EMR in accordance
				with § 561.8 of this chapter (relating to Entering Information in the
				EMR).
(c) The EMR lists persons who
				are not employable by a facility, agency, or individual employer.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 561 - EMPLOYEE MISCONDUCT REGISTRY › Section 561.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms in this chapter have the
				  following meanings, unless the context clearly indicates otherwise:
(1) Abuse--Is defined by the statute or rule
				that governs the investigation of alleged abuse of an individual using the CDS
				option or receiving facility or agency services.
(2) Administrative law judge--An
				administrative law judge from the Texas State Office of Administrative Hearings
				(SOAH) who is authorized to preside over certain administrative hearings under
				this chapter and in accordance with Texas Government Code, Chapter
				2001.
(3) Administrative hearing--A
				contested case hearing conducted under this chapter by SOAH based on a written
				request for hearing by an employee contesting the Texas Health and Human
				Services Commission's (HHSC's) determination that the employee committed
				reportable conduct.
(4) Agency--In
				this chapter means:
(A) a home and community
				support services agency licensed under Texas Health and Safety Code (THSC)
				Chapter 142, that provides services to an elderly or disabled adult;
(B) a person exempt from licensing under THSC
				§142.003(a)(19);
(C) a
				facility for persons with an intellectual disability or related conditions
				licensed under THSC Chapter 252;
(D) a state supported living center as
				defined in THSC §531.002;
(E)
				a local authority designated under THSC §533.035;
(F) a community center as defined in THSC
				§531.002;
(G) a mental health
				facility operated by the Texas Department of State Health Services;
(H) the intermediate care facility for
				individuals with an intellectual disability component of the Rio Grande State
				Center; or
(I) a contractor of an
				entity described in subparagraphs (D) - (H) of this paragraph.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 561 - EMPLOYEE MISCONDUCT REGISTRY › Section 561.3 - Employment and Registry Information

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Before a facility, agency, or individual employer hires an employee, the
				facility, agency, individual employer, or a financial management services
				agency (FMSA), on behalf of the individual employer, must search the Employee
				Misconduct Registry (EMR) and Nurse Aide Registry (NAR) to determine if the
				person applying for employment is listed as unemployable on either
				registry.
(b) A facility, agency,
				or individual employer must not hire or continue to employ a person listed in
				the EMR or NAR as unemployable.
(c)
				A facility, agency, or individual employer must, within five working days after
				hiring an employee, provide written information to the employee explaining:
(1) that a person listed in the EMR is not
				employable by a facility, agency, or individual employer; and
(2) that the EMR is governed by this chapter
				and Texas Health and Safety Code Chapter 253.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 561 - EMPLOYEE MISCONDUCT REGISTRY › Section 561.4 - Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Health and Human Services
				Commission (HHSC) investigates certain allegations of abuse, neglect, and
				exploitation made against an employee.
(b) After commencing an investigation, if the
				preliminary results indicate an allegation of abuse, neglect, or exploitation
				by an employee might meet the definition of reportable conduct, HHSC complies
				with § 561.5 of this chapter (relating to Preliminary Results of
				Investigation and Notice to Employee) and § 561.6 of this chapter
				(relating to Informal Review).
(c)
				If HHSC determines that the reportable conduct occurred, after completing its
				investigation into an allegation of abuse, neglect, or exploitation by an
				employee, HHSC provides the employee with written notice of the findings in
				accordance with § 561.7 of this chapter (relating to Reportable Conduct
				Finding and Notice and Opportunity for Administrative Hearing).
(d) Sections 561.5, 561.6, and 561.7 of this
				chapter apply only to an investigation conducted by HHSC, as described in
				subsection (a) of this section.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 561 - EMPLOYEE MISCONDUCT REGISTRY › Section 561.5 - Preliminary Results of Investigation and Notice to Employee

Current through Reg. 49, No. 28; July 12, 2024
(a) When the preliminary results of the Texas
				Health and Human Services Commission's (HHSC) investigation indicate that an
				employee might have committed reportable conduct, HHSC sends the employee a
				written notice that includes:
(1) a brief
				summary of the preliminary results of the investigation and facts on which they
				are based;
(2) a statement that the
				employee may request an informal review (IR) by HHSC to dispute the preliminary
				results of the investigation;
(3) a
				statement that a request for an IR must be made in writing no later than 10
				calendar days after the date the employee receives written notice of the
				preliminary results of the investigation; and
(4) contact information for the HHSC office
				where an employee must submit the request for an IR.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 561 - EMPLOYEE MISCONDUCT REGISTRY › Section 561.6 - Informal Review

Current through Reg. 49, No. 28; July 12, 2024
(a) If an employee
				requests an informal review (IR) in accordance with § 561.5(b) of this
				chapter (relating to Preliminary Results of Investigation and Notice to
				Employee), the Texas Health and Human Services Commission (HHSC) sets an
				informal review (IR) date no later than 30 calendar days after the date the
				request is received by HHSC.
(1) The employee
				may dispute the preliminary results of the investigation by providing
				additional information to designated HHSC staff.
(2) If the designated HHSC staff does not
				uphold the preliminary investigation results, HHSC notifies the employee of the
				results of the IR and does not enter the employee's name or related information
				in the Employee Misconduct Registry.
(3) If designated HHSC staff upholds the
				preliminary investigation results and finds reportable conduct, HHSC sends
				written notice to the employee, as described in § 561.7(a) of this chapter
				(relating to Reportable Conduct Finding and Notice and Opportunity for
				Administrative Hearing).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 561 - EMPLOYEE MISCONDUCT REGISTRY › Section 561.7 - Reportable Conduct Finding and Notice and Opportunity for Administrative Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) After an
				investigation in which HHSC finds that reportable conduct occurred, HHSC
				provides the employee with written notice of its findings, which includes:
(1) a summary of HHSC's Reportable Conduct
				finding;
(2) a statement that the
				employee has the right to an administrative hearing on the occurrence of
				reportable conduct;
(3) a statement
				that:
(A) a request for hearing must be made
				in writing no later than 30 calendar days after the date the employee receives
				the written notice; or
(B) the
				employee may accept the reportable conduct finding, which would result in HHSC
				placing the employee on the EMR; and
(4) the contact information for the Texas
				Health and Human Services Commission (HHSC) where the employee must submit the
				request for an administrative hearing.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 561 - EMPLOYEE MISCONDUCT REGISTRY › Section 561.8 - Entering Information in the EMR

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The Texas Health and Human Services Commission (HHSC) enters the information
				described in subsection (c) of this section in the Employee Misconduct Registry
				(EMR):
(1) when HHSC investigates and all
				applicable due process procedures are completed for a substantiated finding of
				reportable conduct;
(2) as required
				by Texas Health and Safety Code (THSC) §253.0075, when HHSC receives
				notice of a finding of reportable conduct from the Texas Department of Family
				and Protective Services (DFPS);
(3)
				as a finding of reportable conduct when HHSC finds that a nurse aide working in
				a nursing facility has committed abuse, neglect, or misappropriation (as those
				terms are defined in § 561.2 of this chapter (relating to Definitions))
				and HHSC lists the nurse aide's certification as revoked on the Nurse Aide
				Registry (NAR); or
(4) at HHSC's
				discretion in accordance with THSC §253.007(b), if an agency of another
				state or the federal government finds that an employee has committed an act
				that constitutes reportable conduct.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 561 - EMPLOYEE MISCONDUCT REGISTRY › Section 561.9 - Removing Information from the EMR

Current through Reg. 49, No. 28; July 12, 2024
An employee's name remains in the Employee Misconduct
				  Registry (EMR) unless:
(1) After
				receiving a written request from the employee, the Texas Health and Human
				Services Commission (HHSC) determines that the employee does not meet the
				requirements for listing in the EMR based on additional information gathered by
				HHSC or notification received from the Texas Department of Family and
				Protective Services or another referring entity; or
(2) an entry of reportable conduct in the EMR
				was based on an entry in the Nurse Aide Registry (NAR) and the entry in the NAR
				is subsequently removed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter A - GENERAL PROVISIONS › Section 564.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in 40 TAC chs.
					 141, 142, 144, 147, 148, 150, and 153 of this title shall have the following
					 meanings, unless the context clearly indicates otherwise:
(1) Abuse--An intentional, knowing, or
				  reckless act or omission by provider personnel, a counselor, applicant for
				  counselor licensure, or counselor intern that causes or may cause death,
				  emotional harm or physical injury to a participant or client. Abuse includes
				  without limitation the following:
(A) any
				  sexual activity between provider personnel, a counselor, applicant for
				  counselor licensure, or counselor intern and a participant or client;
(B) corporal punishment;
(C) nutritional deprivation or sleep
				  deprivation;
(D) efforts to cause
				  fear;
(E) the use of any form of
				  communication to threaten, curse, shame, or degrade a participant or
				  client;
(F) restraint that does not
				  conform with chapter 148 of this title (relating to Standard of
				  Care);
(G) coercive or restrictive
				  actions taken in response to a participant or client's request for discharge or
				  refusal of medication or treatment that are illegal or not justified by the
				  participant or client's condition; and
(H) any other act or omission classified as
				  abuse by Texas law, including but not limited to, TEX. FAMILY CODE ANN.
				  §261.001 (Vernon 1996) and TEX. HUM. RES. CODE ANN. §48.002 (Vernon
				  Supp. 2004).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter A - GENERAL PROVISIONS › Section 564.2 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of these rules is to ensure that individuals
					 seeking substance abuse services are offered an efficient, effective, and
					 appropriate continuum of services that will enable them to lead a normal life
					 as a productive member of society. These rules further serve to protect the
					 health, safety, and welfare of those receiving substance abuse
					 services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter A - GENERAL PROVISIONS › Section 564.3 - Scope of Rule

Current through Reg. 49, No. 28; July 12, 2024
(a) All providers
				  shall comply with the provisions of Subchapter B in all matters related to the
				  provision of services.
(b)
				  Providers who offer or purport to offer chemical dependency treatment and are
				  not exempt from licensure under TEX. HEALTH & SAFETY CODE ANN. ch.464
				  (Vernon 2001) are also required to comply with the provisions of Subchapter D
				  through Subchapter N.
(c) Providers
				  who engage in prevention or intervention activities shall also comply with the
				  requirements of Subchapter C, and § 148.703 of this title (relating to
				  Abuse, Neglect and Exploitation).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 564.4 - General Standard

Current through Reg. 49, No. 28; July 12, 2024
The provider shall provide adequate and appropriate
					 services consistent with best practices and industry standards. The provider
					 shall maintain objectivity. The provider shall respect each individual's
					 dignity, and shall not engage in any action that may cause injury and shall
					 always act with integrity in providing services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 564.5 - Scope of Practice

Current through Reg. 49, No. 28; July 12, 2024
The provider shall recognize the limitations of their
					 ability and shall not offer services outside the provider's scope of practice
					 or use techniques that exceed their professional competence. The provider shall
					 not make any claim, directly or by implication, that they possess professional
					 qualifications or affiliations that they do not possess.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 564.6 - Competence and Due Care

Current through Reg. 49, No. 28; July 12, 2024
Providers shall plan, supervise adequately, and evaluate
					 any activity for which they are responsible. Providers shall render services
					 carefully and promptly. Providers shall follow the technical and ethical
					 standards related to the provision of services, strive continually to improve
					 personal competence and quality of service delivery, and discharge their
					 professional responsibility to the best of their abilities. Providers are
					 responsible for assessing the adequacy of their own competence for the
					 responsibility to be assumed. Services shall be designed and administered as to
					 do no harm to recipients. The provider shall always act in the best interest of
					 the individual being served. The provider shall terminate any professional
					 relationship that is not beneficial, or is in any way detrimental, to the
					 individual being served.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 564.7 - Appropriate Services

Current through Reg. 49, No. 28; July 12, 2024
Services should be appropriate for the individual's needs
					 and circumstances, including age and developmental level, and should be
					 culturally sensitive. Providers shall possess an understanding of the cultural
					 norms of the individuals receiving services. Services shall be respectful and
					 non exploitative.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 564.8 - Accuracy

Current through Reg. 49, No. 28; July 12, 2024
The provider shall report information fairly,
					 professionally, and accurately when providing services and when communicating
					 with other professionals, the Commission, and the general public. Each provider
					 shall document and assign credit to all contributing sources used in published
					 material or public statements. Providers shall not misrepresent either directly
					 or by implication professional qualifications or
					 affiliations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 564.9 - Documentation

Current through Reg. 49, No. 28; July 12, 2024
The provider shall maintain required documentation of
					 services provided and related transactions including financial
					 records.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 564.10 - Discrimination

Current through Reg. 49, No. 28; July 12, 2024
The provider shall not discriminate against any individual
					 on the basis of gender, race, religion, age, national origin, disability
					 (physical or mental), sexual orientation, medical condition, including HIV
					 diagnosis or because an individual is perceived as being HIV infected. The
					 provider may consider economic condition and financial resources in admission
					 criteria, but economic condition shall not affect the services once an
					 individual is admitted.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 564.11 - Access to Services

Current through Reg. 49, No. 28; July 12, 2024
The provider shall provide access to services, including
					 providing information about other services and alternative providers, taking
					 into account an individual's financial constraints and special
					 needs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 564.12 - Location

Current through Reg. 49, No. 28; July 12, 2024
The provider shall not offer or provide services in
					 settings or locations that are inappropriate or harmful to individuals served
					 or others.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 564.13 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
The provider shall protect the privacy of individuals
					 served and shall not disclose confidential information without express written
					 consent, except as permitted by law. The provider shall remain knowledgeable
					 of, and obey, all State and Federal laws and regulations relating to
					 confidentiality of records relating to the provision of services. The provider
					 shall not discuss or divulge information obtained in clinical or consulting
					 relationships except in appropriate settings and for professional purposes that
					 demonstrably relate to the case. Confidential information acquired during
					 delivery of services shall be safeguarded from illegal or inappropriate use,
					 access and disclosure or from loss, destruction or tampering. These safeguards
					 shall protect against verbal disclosure, prevent unsecured maintenance of
					 records, or recording of an activity or presentation without appropriate
					 releases.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 564.14 - Environment

Current through Reg. 49, No. 28; July 12, 2024
The provider shall provide an appropriate, safe, clean, and
					 well-maintained environment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 564.15 - Communications

Current through Reg. 49, No. 28; July 12, 2024
The provider shall inform the individual receiving services
					 about all relevant and important aspects of the service
					 relationship.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 564.16 - Exploitation

Current through Reg. 49, No. 28; July 12, 2024
The provider shall not exploit relationships with
					 individuals receiving services for personal or financial gain of the provider
					 or its personnel. The provider shall not charge exorbitant or unreasonable fees
					 for any service. The provider shall not pay or receive any commission,
					 consideration, or benefit of any kind related to the referral of an individual
					 for services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 564.17 - Duty to Report

Current through Reg. 49, No. 28; July 12, 2024
When a provider or its personnel have knowledge of
					 unethical conduct or practice on the part of a person or provider, they have a
					 responsibility to report the conduct or practices to appropriate funding or
					 regulatory bodies or to the public. Any provider or provider personnel who
					 receive an allegation or have reason to suspect that an individual has been,
					 is, or will be subject to abuse, neglect or exploitation by any provider shall
					 immediately inform TCADA's investigations division. The provider shall also
					 take immediate action to prevent or stop the abuse, neglect, or exploitation
					 and provide appropriate care and treatment. The provider shall report
					 allegations of child abuse or neglect to the Texas Department of Protective and
					 Regulatory Services as required by the TEX. FAM. CODE ANN. §261.101
					 (Vernon 2002 & Supp. 2004). The provider shall report allegations of abuse,
					 neglect or exploitation of elderly or disabled individuals to the Texas
					 Department of Protective and Regulatory Services as required by the TEX. HUM.
					 RES. CODE ANN. §48.051 (Vernon 2001 & Supp. 2004). If the allegation
					 involves sexual exploitation, the service provider shall comply with reporting
					 requirements listed in the TEX. CIV. PRAC. & REM. CODE ANN. §81.006
					 (Vernon 1997 & Supp. 2004).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 564.18 - Impaired Providers

Current through Reg. 49, No. 28; July 12, 2024
Providers should recognize the effect of impairment on
					 professional performance and should be willing to seek needed treatment. Where
					 there is evidence of impairment in a colleague, a provider should be supportive
					 of assistance or treatment. An employer shall provide access to information
					 regarding available services to impaired employees.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 564.19 - Ethics

Current through Reg. 49, No. 28; July 12, 2024
Providers shall adhere to established professional codes of
					 ethics. These codes of ethics define the professional context within which the
					 provider works, in order to maintain professional standards and safeguard the
					 client or participant. Provider and all of its personnel shall protect
					 consumers and act in an ethical manner at all times.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 564.20 - Specific Acts Prohibited

Current through Reg. 49, No. 28; July 12, 2024
In addition to the provider's general duty to provide
					 services in a professional manner, the following acts are specifically
					 prohibited and shall constitute a violation of these rules:
(1) Providers shall not provide services,
				  interact with individuals receiving services, or perform any job duties while
				  under the influence or impaired by the use of alcohol, or mood altering
				  substances, including prescription medications not used in accordance with a
				  physician's order.
(2) Providers
				  shall not commit an illegal, unprofessional or unethical act (including acts
				  constituting abuse, neglect, or exploitation).
(3) Providers shall not assist or knowingly
				  allow another person to commit an illegal, unprofessional, or unethical
				  act.
(4) Providers shall not
				  falsify, alter, destroy or omit significant information from required reports
				  and records or interfere with their preservation.
(5) Providers shall not retaliate against
				  anyone who reports a violation of these rules or cooperates during a review,
				  inspection, investigation, hearing, or other related activity.
(6) Providers shall not interfere with
				  Commission reviews, inspections, investigations, hearings, or related
				  activities. This includes taking action to discourage or prevent someone else
				  from cooperating with the activity.
(7) Providers shall not enter into a personal
				  or business relationship of any type with an individual receiving services
				  until at least two years after the last date an individual receives services
				  from the provider.
(8) Providers
				  shall not discourage, intimidate, harass, or retaliate against individuals who
				  try to exercise their rights or file a grievance.
(9) Providers shall not restrict, discourage,
				  or interfere with any communication with law enforcement, an attorney, or with
				  the Commission for the purposes of filing a grievance.
(10) Providers shall not allow unqualified
				  persons or entities to provide services.
(11) Provider shall not hire or utilize known
				  sex offenders in adolescent programs or programs that house children.
(12) Providers shall prohibit adolescent
				  clients and participants from using tobacco products on the program site. Staff
				  and other adults (volunteers, clients, participants and visitors) shall not use
				  tobacco products in the presence of adolescent clients or
				  participants.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 564.21 - Standards of Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  and all of its personnel shall protect clients' rights and provide competent
				  services.
(b) Any person associated
				  with the facility that receives an allegation or has reason to suspect that a
				  person associated with the facility has been, is, or will be engaged in
				  illegal, unethical, or unprofessional conduct shall immediately inform the
				  Commission's investigations division and the facility's chief executive officer
				  or designee. If the allegation involves the chief executive officer, it shall
				  be reported to the Commission and the facility's governing body.
(c) The facility and its personnel shall
				  comply with TEX. HEALTH & SAFETY CODE ANN. ch. 164 (Vernon 2001 & Supp.
				  2003)(relating to Treatment Facilities Marketing and Admission
				  Practices).
(d) The facility shall
				  have written policies on staff conduct that complies with this
				  section.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter B - STANDARD OF CARE APPLICABLE TO ALL PROVIDERS › Section 564.28 - Balance Billing

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility may not
				  violate a law that prohibits the facility from billing a patient who is an
				  insured, participant, or enrollee in a managed care plan an amount greater than
				  an applicable copayment, coinsurance, and deductible under the insured's,
				  participant's, or enrollee's managed care plan or that imposes a requirement
				  related to that prohibition.
(b) A
				  facility shall comply with Senate Bill 1264, 86th Legislature, Regular Session,
				  2019, and with related Texas Department of Insurance rules at 28 TAC Chapter
				  21, Subchapter OO, §§21.4901 - 21.4904 (relating to Disclosures by
				  Out-of-Network Providers) to the extent this subchapter applies to the
				  facility.