(a) For each applicant for delivery of services through the CDS option as an employee, an FMSA must:
  (1) check DADS' Nurse Aide Registry and Employee Misconduct Registry not more than 30 calendar days prior to the hire date;
  (2) document and maintain the results of each applicant registry check on Form 1725, Criminal Conviction History and Registry Check; and
  (3) provide a copy of completed Form 1725 for each applicant to the employer.
(b) For each applicant for delivery of services through the CDS option as an employee, contractor, or vendor, an FMSA, prior to hiring, must:
  (1) check the Texas Health and Human Services Commission (HHSC) - Office of Inspector General (OIG) List of Excluded Individuals/Entities and the United States Department of Health and Human Services (HHS) - OIG Excluded Individuals/Entities Search online searchable databases; and
  (2) document the results and retain the documentation on file.
(c) To comply with the Centers for Medicare and Medicaid Services reporting requirements and 42 Code Federal Regulations §1003.102(a)(2), an FMSA must immediately report any Medicaid exclusion findings to HHSC-OIG using the self-reporting mechanism located on the HHSC-OIG website.
(d) The FMSA must obtain a copy of Form 1725 documenting the results of the registry checks if the employer or DR directly conducts a check of the registries.
(e) The FMSA must not approve an applicant for employment or for a contract or a vendor upon verification that the person is listed:
  (1) as revoked in the Nurse Aide Registry;
  (2) as unemployable in the Employee Misconduct Registry; or
  (3) on the HHSC or HHS list of excluded individuals or entities.

Source Note: The provisions of this §41.325 adopted to be effective January 1, 2007, 31 TexReg 10352; amended to be effective July 1, 2013, 38 TexReg 3990