(a) A provider must:
  (1) ensure that an individual and representative are, before or at the time the individual begins receiving services and at least once every 12 months thereafter:
    (A) informed of how to report allegations of abuse, neglect, or exploitation to DFPS and are provided with the Abuse Hotline toll-free telephone number, 1-800-252-5400, in writing; and
    (B) educated about protecting the individual from abuse, neglect, and exploitation;
  (2) ensure that each staff person is:
    (A) trained and knowledgeable of:
      (i) acts that constitute abuse, neglect, and exploitation;
      (ii) signs and symptoms of abuse, neglect, and exploitation; and
      (iii) methods to prevent the occurrence of abuse, neglect, and exploitation;
    (B) instructed to report to DFPS immediately, but not later than 24 hours, after having knowledge or suspicion that an individual is being or has been abused, neglected, or exploited by:
      (i) calling the DFPS Abuse Hotline toll-free telephone number, 1-800-252-5400; or
      (ii) using the DFPS Abuse Hotline website; and
    (C) provided with the instructions described in subparagraph (B) of this paragraph in writing; and
  (3) conduct the activities described in paragraph (2) of this subsection before a staff person assumes job duties and at least annually.
(b) If a provider, staff person, or controlling person knows or suspects that an individual is being or has been abused, neglected, or exploited, the provider must report or ensure that the person with knowledge or suspicion reports the allegation of abuse, neglect, or exploitation to DFPS immediately, but not later than 24 hours, after having knowledge or suspicion by:
  (1) calling the DFPS Abuse Hotline toll-free telephone number, 1-800-252-5400; or
  (2) using the DFPS Abuse Hotline website.
(c) If a report required by subsection (b) of this section alleges abuse, neglect, or exploitation of an individual, or if the provider is notified of an allegation of abuse, neglect, or exploitation, the provider must:
  (1) take necessary actions to secure the safety of the individual; and
  (2) notify the individual or representative as soon as possible, but no later than 24 hours, after the provider reports or is notified of the allegation:
    (A) of the allegation report; and
    (B) the actions the provider has taken or will take based on the allegation, the condition of the individual, and the nature and severity of any harm to the individual.
(d) A provider must not retaliate against:
  (1) a staff person, 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 the use of a restraint or seclusion; or
  (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 the individual, including the use of a restraint or seclusion.
(e) At least annually, a provider must review all reports of abuse, neglect, or exploitation of an individual of which the provider is notified, and all final investigative reports received from HHSC for investigations described in §47.103 of this subchapter (relating to Requirements for Providers Related to the Abuse, Neglect, and Exploitation of an Individual Receiving Services in the PHC Program and CAS Program Through the Agency Option or the Service Responsibility Option) and, based on the review, identify program process improvements that help prevent the occurrence of abuse, neglect, and exploitation and improve the delivery of services.

Source Note: The provisions of this §277.101 adopted to be effective October 1, 2019, 44 TexReg 5138; transferred effective July 1, 2024, as published in the June 14, 2024, issue of the Texas Register, 49 TexReg 4436