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?(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.(b) If the investigator determines that it is not appropriate to request that the HCS waiver program provider take action or if the HCS waiver program provider does not respond appropriately to a request, then the investigator utilizes the resources of the APS In-home staff to provide emergency services necessary to prevent serious physical harm or death.26 Tex. Admin. Code § 711.555
Adopted by Texas Register, Volume 41, Number 34, August 19, 2016, TexReg 6224, eff. 9/1/2016; transferred from Tex. Admin. Code § 711.804 by Texas Register, Volume 44, Number 21, May 24, 2019, TexReg 2617, eff. 6/15/2019