The Texas Department of Aging and Disability Services (DADS) published Provider Letter No. 16-22 — HCSSA Self-reports of Abuse, Neglect and Exploitation and Provider Investigation Report Form (DADS Form 3613) (Replaces PL 06-12).
Home and Community Support Service Agencies (HCSSAs) must self-report all allegations of abuse, neglect and/or exploitation (ANE) to both the Texas Department of Family and Protective Services (DFPS) and the Texas Department of Aging and Disability Services (DADS) as required by Texas Health and Safety Code §142.018 and the Texas Administrative Code (TAC), Title 40, Part 1, Chapter 97, §97.249.
DFPS investigates allegations of ANE of HCSSA clients under Texas Human Resources Code (THRC) Chapter 48. When an allegation of ANE committed by a HCSSA employee is substantiated, DFPS refers the name of the HCSSA employee to the Employee Misconduct Registry. DADS conducts a survey or a desk review in response to reported incidents to determine if the HCSSA violated any licensing rules or federal certification requirements.
PL 16-22 provides the definitions and updated guidance for HCSSAs self reporting ANE.
Please take time to review and share with staff.