Section 260.201 - Protection of Individual(a) A program provider must have and implement written policies and procedures that safeguard an individual against: (1) infectious and communicable diseases;(2) conflicts of interest with a service provider, staff person, volunteer, or controlling person;(3) abuse, neglect, and exploitation;(4) acts of financial impropriety by a service provider, staff person, volunteer, or controlling person; and(5) deliberate damage of personal possessions by a service provider, staff person, volunteer, or controlling person.(b) A program provider must not use seclusion.(c) A program provider must complete the HHSC Notification Regarding a Death in HCS, TxHmL, DBMD Programs form to notify HHSC, in writing, of an individual's death within 24 hours after learning of the death.(d) A program provider, in accordance with the Deaf Blind with Multiple Disabilities Program Manual. must report critical incidents to HHSC using the HHSC CLASS/DBMD Notification of Critical Incidents form.(e) A program provider must ensure a program director who receives a copy of an HHSC initial intake report or a final investigative report from an FMSA, in accordance with 40 TAC § 41.702(relating to Requirements Related to HHSC Investigations When an Alleged Perpetrator is a Service Provider) or 40 TAC § 41.703(relating to Requirements Related to HHSC Investigations When an Alleged Perpetrator is a Staff Person or a Controlling Person of an FMSA), sends a copy of the report to the individual's case manager.26 Tex. Admin. Code § 260.201
Adopted by Texas Register, Volume 48, Number 07, February 17, 2023, TexReg 0913, eff. 2/26/2023