Texas Health and Human Services (HHS) implemented rules that address changes in the authority of the DFPS Adult Protective Services (APS) Provider division, as amended by SB 1880 and SB 760, 84th Legislative Session (2015). The changes give the APS Provider division the authority to investigate an allegation of abuse, neglect, or exploitation (ANE) of an adult or child who receives a service from a provider who contracts with HHSC to provide Medicaid waiver or Medicaid state plan services and who receives a Medicaid or non-Medicaid service through the consumer directed services (CDS) option. Click HERE to view the December 2017 HHSC notice, draft rule amendments for each of the below referenced programs.
Proposed HCS and TxHmL rule amendments
- Relocate HCS and TxHmL ANE rules to create new certification principles in each program
- Define terms used in the rules
- State the responsibilities of the provider or CDS employer related to ANE reports and investigations by the APS Provider division
- Require the provider or CDS employer to provide information about ANE to an individual and LAR
- Require the provider or CDS employer to train staff about ANE
- Amend each waiver’s program rules to update and clarify existing rules on ANE
- Amend the time-frame for entering critical incident data in CARE
- Amend death reporting requirements to make requirements consistent across programs
- Delete social work as a program service in TxHmL
