(a) In this section, serious physical injury is defined as in Chapter 711 of this title (relating to Investigations of Individuals Receiving Services from Certain Providers).
(b) A facility must report any of the following incidents to HHSC's Complaint and Incident Intake Section at 1-800-458-9858 within one hour after suspecting or learning of the incident:
  (1) alleged (Class I) physical abuse of a resident, as defined in Chapter 711 of this title, that caused or may have caused serious physical injury;
  (2) alleged (Class I) sexual abuse of a resident, as defined in Chapter 711 of this title;
  (3) sexual activity between residents resulting from coercion, physical force, or taking advantage of the disability of a resident;
  (4) sexual activity involving a resident less than 18 years of age;
  (5) the pregnancy of a resident;
  (6) resident-to-resident aggression that results in serious physical injury;
  (7) the death of a resident; and
  (8) a resident whose location has been unknown by the facility for more than eight hours or less than eight hours if there are circumstances that place the resident's health or safety at risk.
(c) Within five working days after making a report described in subsection (b) of this section, the facility must ensure an investigation of the incident is conducted and send a written investigation report on Form 3613A, Provider Investigation Report, or a form containing, at a minimum, the information required by Form 3613A, to HHSC's Complaint and Incident Intake.

Source Note: The provisions of this §551.213 adopted to be effective June 1, 2010, 35 TexReg 4469; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787