(a) If a report required by §259.317 of this subchapter (relating to CMA: Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual) alleges abuse, neglect, or exploitation by a person who is not a staff person, volunteer, or controlling person of a CMA, the CMA must:
(1) as necessary:
(2) discuss with the individual or LAR alternative residential settings and additional services that may help ensure the individual's safety;
(3) when taking the actions described in paragraphs (1) and (2) of this subsection, avoid compromising the investigation or further traumatizing the individual; and
(4) preserve and protect evidence related to the allegation.
(b) If a report required by §259.317 of this subchapter alleges abuse, neglect, or exploitation of an individual by a staff person, volunteer, or controlling person of a CMA; or if the CMA is notified by HHSC of an allegation of abuse, neglect, or exploitation by a staff person, volunteer, or controlling person of the CMA, the CMA must:
(1) as necessary:
(2) take actions to secure the safety of the individual, including if necessary, ensuring that the alleged perpetrator of the abuse, neglect, or exploitation does not have contact with the individual or any other individual until HHSC completes the investigation;
(3) when taking the actions described in paragraphs (1) and (2) of this subsection, avoid compromising the investigation or further traumatizing the individual;
(4) preserve and protect evidence related to the allegation; and
(5) as soon as possible, but no later than 24 hours, after the CMA reports or is notified of the allegation, notify the individual, the LAR, and the DSA of:
(c) During an HHSC investigation of an alleged perpetrator who is a staff person, volunteer, or controlling person of a CMA, the CMA must:
(1) cooperate with the investigation as requested by HHSC, including providing documentation and participating in an interview;
(2) provide HHSC access to:
(3) ensure that staff persons, volunteers, and controlling persons of the CMA comply with paragraphs (1) and (2) of this subsection.
(d) After a CMA receives a final investigative report from HHSC for an investigation described in subsection (c) of this section, the CMA must:
(1) if the allegation of abuse, neglect, or exploitation is confirmed by HHSC:
(2) if the allegation of abuse, neglect, or exploitation is unconfirmed, inconclusive, or unfounded:
(3) immediately, but not later than five calendar days after the date the CMA receives the HHSC final investigative report, notify the individual and the LAR of:
(e) A CMA must not retaliate against:
(1) a staff person, an individual, or other person who files a complaint, presents a grievance, or otherwise provides good faith information relating to the possible abuse, neglect, or exploitation of an individual, including:
(2) an individual because a person on behalf of the individual files a complaint, presents a grievance, or otherwise provides good faith information relating to the possible abuse, neglect, or exploitation of an individual, including:
Source Note: The provisions of this §259.319 adopted to be effective January 30, 2023, 48 TexReg 362