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Revision 24-2; Effective Dec. 2, 2024
Completion time frames differ depending on the specific facility or provider type and intake priority.
| Setting | Intake Priority | Completion and approval in |
|---|---|---|
| State Hospital | I or II | 14 calendar days |
| State Hospital | III | 21 calendar days |
| All other provider types | I, II or III | 30 calendar days |
Refer to related 26 TAC Section 711.417.
3510 Extensions
Revision 24-2; Effective Dec. 2, 2024
If more time is needed to complete the investigation, the Deputy Associate Commissioner (DAC) of Survey and Compliance or designee grants an extension for good cause. Good cause is a situation beyond the investigator’s control that prevents the case from being completed on time. The investigator notifies the service provider of the extension.
Refer to 26 TAC Section 711.419.
3520 Investigation Status Report and Report Provision
Revision 24-2; Effective Dec. 2, 2024
Note: A person receiving services in this handbook refers to an individual receiving services as defined in 26 Texas Administrative Code (TAC) Section 711.3.
Provider Abuse and Neglect Report
Provider Investigation’s (PI)'s final Provider Abuse/Neglect Report includes a summary of the investigation with a list of the evidence, analysis of the evidence, and findings. Refer to 26 TAC Section 711.603.
Investigation Findings
The investigator makes the appropriate findings supported by the preponderance of the evidence.
| Finding | Evidence |
|---|---|
| confirmed | a preponderance of credible evidence supports that abuse, neglect, or exploitation occurred. |
| unconfirmed | a preponderance of credible evidence supports that abuse, neglect, or exploitation did not occur. |
| inconclusive | no preponderance of credible evidence indicates that abuse, neglect, or exploitation did or did not occur because of lack of witnesses or other available evidence. |
| unfounded | evidence gathered indicates that the allegation is false or clearly without factual basis. Refer to 26 TAC Section 771.421. |
Designating a Systems Issue
When the preponderance of the evidence establishes that abuse, neglect, or exploitation occurred, the investigator designates a Systems Issue as the designated perpetrator in the IMPACT case management system if:
- the provider’s lack of established policy or procedure contributed to the abuse, neglect or exploitation; or
- the provider’s established policy is inadequate and fails to make sure the person receiving services is safe.
Refer to 26 TAC Section 711.423.
Notification of the Findings
The investigator sends the results of the investigation to the provider in the approved PI Provider Abuse/Neglect Report. If applicable, the investigator also sends the report to the appropriate HHSC Regulatory Services Division program.
If the investigator notifies law enforcement or OIG at any time during the investigation, PI forwards a copy of the Provider Abuse/Neglect Report to that entity.
Refer to 26 TAC Section 711.605.
Depending on if the victim has a guardian or is a child under DFPS CPS conservatorship, PI may also be required to notify the following entities finding:
- DFPS CPS
- HHSC Office of Guardianship Services
- Probate Court
Refer to 3230 Notifications Involving Other State Agencies or Entities.
For all providers, the investigator notifies the reporter within five business days of completing the investigation. The investigator states the outcome of the investigation and provides the reporter with information about the appeal process.
Refer to 26 TAC Section 711.609.