Sec. 247.043. INVESTIGATION OF ABUSE, EXPLOITATION, OR NEGLECT. (a) The department shall conduct an investigation in accordance with Section 260A.007 after receiving a report of abuse, exploitation, or neglect of a resident of an assisted living facility.
(b) If the thorough investigation reveals that abuse, exploitation, or neglect has occurred, the department shall:
(1) implement enforcement measures, including closing the facility, revoking the facility's license, relocating residents, and making referrals to law enforcement agencies;
(2) notify the Department of Family and Protective Services of the results of the investigation;
(3) notify a health and human services agency, as defined by Section 531.001, Government Code, that contracts with the facility for the delivery of personal care services of the results of the investigation; and
(4) provide to a contracting health and human services agency access to the department's documents or records relating to the investigation.
(c) Providing access to a confidential document or record under Subsection (b)(4) does not constitute a waiver of confidentiality.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(j), eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0711, eff. April 2, 2015.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 247 - Assisted Living Facilities
Subchapter C. General Enforcement
Section 247.041. Denial, Suspension, or Revocation of License
Section 247.042. Emergency Suspension or Closing Order
Section 247.043. Investigation of Abuse, Exploitation, or Neglect
Section 247.045. Civil Penalties
Section 247.0451. Administrative Penalty
Section 247.0452. Right to Correct
Section 247.0453. Report Recommending Administrative Penalty
Section 247.0454. Hearing on Administrative Penalty
Section 247.0455. Notice and Payment of Administrative Penalty; Interest; Refund
Section 247.0456. Application of Other Law
Section 247.0457. Amelioration of Violation
Section 247.0458. Use of Administrative Penalty
Section 247.0459. Violation of Law Relating to Advance Directives
Section 247.046. Cooperation Among Agencies
Section 247.048. Regional Training for Agencies and Local Governments
Section 247.049. Use of Regulatory Reports and Documents
Section 247.050. Monitoring of Unlicensed Facilities; Reporting