Note: Fiscal year (FY) 2013 began Sept. 1, 2012, and ended Aug. 31, 2013. Source: Texas Department of Aging and Disability Services Regulatory Services Fiscal Year 2013 Annual Report.

  1. Service Delivery: 40 TAC §9.174(A)(31) — The program provider failed to ensure that nursing was provided in accordance with the program participant's PDP, IPC, implementation plan, and with Appendix C of the HCS Program waiver application and consisted of performing health care procedures and monitoring the program participant's health conditions. (Ranked No. 1 in fiscal year 2012)
  2. Staff Member and Service Provider Requirements: 40 TAC §9.177(C) — The program provider failed to comply with each applicable regulation required by the state of Texas in ensuring that its operations and staff members and service providers met state certification, licensure, or regulation for any tasks performed or services delivered in part or in entirety for the HCS Program. (Ranked No. 2 in fiscal year 2012)
  3. Quality Assurance: 40 TAC §9.178(Y) — The program provider failed to enter critical incident data in the Client Assessment and Registration System (CARE) no later than 30 days after the last day of the month being reported. (Ranked No. 3 in fiscal year 2012)
  4. Service Delivery: 40 TAC §9.174(A)(03) — The program provider failed to provide or obtain as needed and without delay all HCS program services. (Ranked No. 4 in fiscal year 2012)
  5. Staff Member and Service Provider Requirements: 40 TAC §9.177(A) — The program provider failed to ensure the continuous availability of trained and qualified service providers to deliver the required services as determined by the program participant's needs. (Ranked No. 5 in fiscal year 2012)
  6. Staff Member and Service Provider Requirements: 40 TAC §9.177(D)(1) — The program provider failed to implement and maintain a plan for initial and periodic training of staff members and service providers that ensured staff members and service providers were qualified to deliver services as required by the current needs and characteristics of those to whom they deliver services, including the use of restraint. (Ranked No. 10 in fiscal year 2012)
  7. Staff Member and Service Provider Requirements: 40 TAC §9.177(N)(2) — The program provider failed to ensure that a service provider was not listed as "unemployable" in the Employee Misconduct Registry or the Nurse Aide Registry maintained by DADS by searching or ensuring a search of such registries was conducted before hiring and annually thereafter, in accordance with Texas Health and Safety Code, 250.003. (Ranked No. 7 in fiscal year 2012)
  8. Quality Assurance: 40 TAC §9.178(G) — The program provider failed to make available all records and information related to the delivery of program services as requested by DADS, other authorized agencies, or the Centers for Medicare and Medicaid Services. (Not ranked in fiscal year 2012)
  9. Restraint: 40 TAC §9.178(C)(1) — The program provider failed to ensure that the program participant's physician identified any physical or medical risks that could harm the program participant if restrained and interdisciplinary team approved the plan. (Not ranked in fiscal year 2012)
  10. Quality Assurance: 40 TAC §9.178(K)(3) — The program provider failed to notify, within 24 hours of an allegation of abuse, neglect or exploitation, the alleged victim and the alleged victim's legally authorized representative and the service coordinator of the allegation report and the actions that have been or will be taken. (Ranked No. 8 in fiscal year 2012)