Sec. 247.043.  INVESTIGATION OF ABUSE, EXPLOITATION, OR NEGLECT.  (a)  The department shall conduct an investigation in accordance with Section 260A.007 after receiving a report of abuse, exploitation, or neglect of a resident of an assisted living facility.
Text of subsection effective until April 01, 2025
(b)  If the thorough investigation reveals that abuse, exploitation, or neglect has occurred, the department shall:
(1)  implement enforcement measures, including closing the facility, revoking the facility's license, relocating residents, and making referrals to law enforcement agencies;
(2)  notify the Department of Family and Protective Services of the results of the investigation;
(3)  notify a health and human services agency, as defined by Section 531.001, Government Code, that contracts with the facility for the delivery of personal care services of the results of the investigation;  and
(4)  provide to a contracting health and human services agency access to the department's documents or records relating to the investigation.
Text of subsection effective on April 01, 2025
(b)  If the thorough investigation reveals that abuse, exploitation, or neglect has occurred, the department shall:
(1)  implement enforcement measures, including closing the facility, revoking the facility's license, relocating residents, and making referrals to law enforcement agencies;
(2)  notify the Department of Family and Protective Services of the results of the investigation;
(3)  notify a health and human services agency, as defined by Section 521.0001, Government Code, that contracts with the facility for the delivery of personal care services of the results of the investigation; and
(4)  provide to a contracting health and human services agency access to the department's documents or records relating to the investigation.
(c)  Providing access to a confidential document or record under Subsection (b)(4) does not constitute a waiver of confidentiality.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by: 
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(j), eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0711, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.46, eff. April 1, 2025.