Revision 10-3

 

 

§90.212 Reporting Abuse, Neglect, and Exploitation to DFPS

 

(a) A person, including a facility owner or employee, who has cause to believe that a resident of a facility has been or is being subjected to physical abuse, sexual abuse, sexual exploitation, verbal or emotional abuse, neglect, or exploitation, as those terms are defined in 40 TAC Chapter 711, by a person other than a resident of the facility, must report the alleged abuse, neglect, or exploitation to the Texas Department of Family and Protective Services (DFPS), as required by 40 TAC Chapter 711, by calling 1-800-647-7418.

(b) If the person making the report is not an employee of the facility, such as a resident or visitor, facility staff must assist the person in making the report, if necessary.

(c) The facility must assist a DFPS investigator by preserving and safeguarding evidence of the alleged abuse, neglect, or exploitation and by ensuring that facility employees are made available upon request by the investigator.

 

§90.213 Reporting Incidents to DADS

 

(a) In this section, serious physical injury is defined as in 40 TAC Chapter 711.

(b) A facility must report any of the following incidents to DADS' Consumer Rights and Services Section at 1-800-458-9858 or 512-438-2633 within one hour after suspecting or learning of the incident:

(1) alleged (Class I) physical abuse of a resident, as defined in 40 TAC Chapter 711, that caused or may have caused serious physical injury;

(2) alleged (Class I) sexual abuse of a resident, as defined in 40 TAC Chapter 711;

(3) sexual activity between residents resulting from coercion, physical force, or taking advantage of the disability of a resident;

(4) sexual activity involving a resident less than 18 years of age;

(5) the pregnancy of a resident;

(6) resident-to-resident aggression that results in serious physical injury;

(7) the death of a resident; and

(8) a resident whose location has been unknown by the facility for more than eight hours or less than eight hours if there are circumstances that place the resident's health or safety at risk.

(c) Within five working days after making a report described in subsection (b), the facility must ensure an investigation of the incident is conducted and send a written investigation report on Form 3613A, Provider Investigation Report, to DADS' Consumer Rights and Services Section.

 

§90.214 Protection of Residents After Report of Abuse, Neglect, and Exploitation

 

(a) A facility must ensure that physical and emotional care is provided to an alleged victim of abuse, neglect, or exploitation immediately but in no case more than one hour after the facility makes or learns of an allegation of abuse, neglect, or exploitation, and must ensure that such care is continued as needed.

(b) The facility must take measures to protect the rights and safety of the alleged victim and other residents of the facility after the facility makes or learns of an allegation of abuse, neglect, or exploitation, including immediately preventing the alleged perpetrator(s) from having contact with residents.

(c) If the alleged perpetrator is not an employee of the facility and the alleged abuse, neglect, or exploitation occurred away from the facility premises, the facility must convene the interdisciplinary team of the alleged victim to address the alleged perpetrator's access to the alleged victim while an investigation is being conducted. If the interdisciplinary team recommends that a restriction be placed on an alleged perpetrator's access to the alleged victim, the facility's specially constituted committee must review and approve the restriction before it is implemented and the facility must document the restriction in the alleged victim's record.

(d) Within 24 hours of making or learning of an allegation of abuse, neglect, or exploitation, the facility must notify the alleged victim and the victim's legally authorized representative (LAR) that an allegation of abuse, neglect, or exploitation involving the victim has been made and reported. If the facility cannot notify the LAR in person or by phone, the facility must notify the LAR by certified mail with a return receipt requested.

(e) If DFPS confirms an allegation of abuse, neglect, or exploitation against an employee of a facility, the facility must take prompt and appropriate disciplinary action against the employee.

 

§90.215 Employee Statement

 

(a) A facility must require an employee of the facility to sign a statement:

(1) acknowledging that the employee may be criminally liable for failure to report suspected abuse, neglect, or exploitation; and

(2) acknowledging the employee's rights under Texas Health and Safety Code §252.132, which states that an employee has a cause of action against a facility, the owner of a facility, or another employee of a facility that suspends or terminates the employment of the employee or otherwise disciplines, discriminates against, or retaliates against the employee for:

(A) reporting to the employee's supervisor, an administrator of the facility, a state regulatory agency, or a law enforcement agency, a violation of law, including a violation of Health and Safety Code, Chapter 252, or a rule adopted under that chapter; or

(B) initiating or cooperating in any investigation or proceeding of a governmental entity relating to the care, services, or conditions at the facility.

(b) The facility must maintain as a part of its personnel records and make available to DADS upon request the statement described in subsection (a) of this section.

 

§90.217 Reporting of Resident Death Information

 

(a) All licensed facilities must submit to the Texas Department of Human Services (DHS) a report of deaths of any persons residing in the facility and those persons transferred from the facilities to a hospital who expire within 24 hours after transfer.

(b) The facility must submit to DHS a standard DHS form within ten workdays after the last day of the month in which a resident death occurs. The form must include:

(1) name of deceased;

(2) social security number of the deceased;

(3) date of death; and

(4) name and address of the institution.

(c) These reports are confidential under the Health and Safety Code, §252.134; however, licensed facilities must make available historical statistics provided to them by DHS, if requested by the applicants for admission or their representative.

(d) DHS produces statistical information of official causes of death to determine patterns and trends of incidents of death and makes this information available to the public upon request.