(a) If the investigator determines that an individual receiving HCS waiver program services from an HCS waiver program provider is in immediate threat of serious physical harm or death as a result of abuse, neglect, or exploitation, then the investigator requests that the HCS waiver program provider, if appropriate, take action to remove the threat of physical harm or death. In deciding whether it is appropriate to request that the HCS waiver program provider take action, the investigator considers the following factors at a minimum:      
        (1) the ability of the HCS waiver program provider to take action in a timely manner;       
        (2) identity of the alleged perpetrator;       
        (3) setting/location of the HCS  waiver program provider; and       
        (4) type of action needed to remove the threat.       
      (b) If the investigator determines that it is not appropriate to request that the HCS waiver program provider take action, or if the HCS waiver program provider does not respond appropriately to a request, then the investigator utilizes the resources of the APS In-home staff to provide emergency services necessary to prevent serious physical harm or death.     
      (c) The investigator informs DADS Office of Consumer Rights and Services of the investigator's determination that an individual enrolled in the HCS waiver program receiving services from an HCS waiver program provider was in immediate threat of serious physical harm or  death as a result of abuse, neglect, or exploitation, within 24 hours or the next working day of such determination.     
     Source Note:        The provisions of this §711.551 adopted to be effective May 1, 2001, 26 TexReg 2755; amended to be effective March 1, 2008, 33 TexReg 1360; amended to be effective June 1, 2010, 35 TexReg 4180; amended to be effective June 1, 2014, 39 TexReg 3878; amended to be effective September 1, 2016, 41 TexReg 6218; transferred effective June 15, 2019, as published in the Texas Register May 24, 2019, 44 TexReg 2617