April 24 – DADS released a new provider letter to clarify guidance on reporting ANE to DFPS by an ICF/IID exempt from licensure (referred to in this Provider Letter as a “facility). Guidelines for Reporting Abuse, Neglect and Exploitation (ANE) to the Texas Department of Family and Protective Services (DFPS) and Reporting Incidents to the Texas Department of Aging and Disability Services (DADS). A flow chart showing the reporting requirements and a checklist to use when reporting an allegation of ANE or an incident are attached to the letter.
The Provider Letter includes a flow chart showing the reporting requirements and a checklist to use when reporting an allegation of ANE or an incident are attached to this letter and the letter covers guidelines for the following including an ANE Reporting:
- Reporting Suspected ANE to DFPS
If a person, including an employee or agent of a facility knows or suspects a resident has been subjected to ANE by someone other than another resident of the facility, the person must report the allegation to DFPS immediately, if possible, but no more than one hour after the person knows or suspects ANE (40 TAC §711.201). The allegation must be reported to 1-800-647-7418 or online (40 TAC §711.201). Any person who suspects or has knowledge of ANE can report it directly; he or she should not request an intermediary, such as the facility director, a qualified intellectual disability professional, or a nurse make the report.
- Reporting Incidents to DADS
A facility must report the following incidents to DADS Consumer Rights and Services by calling (800) 458-9858 within one hour after suspecting or learning of the incident (40 TAC §9.225(b)):
- Alleged (Class I) physical abuse of an individual, as defined in Chapter 711 that caused or may have caused serious physical injury.
- Alleged (Class I) sexual abuse of an individual, as defined in Chapter 711.
- Sexual activity between individuals resulting from coercion, physical force, or taking advantage of the disability of a resident.
- Sexual activity involving an individual who is less than 18 years of age.
- The pregnancy of an individual.
- Individual-to-individual aggression that results in serious physical injury.
- The death of an individual.
- The inability to locate an individual if the individual’s health or safety is at risk; or the individual’s location has been unknown for more than eight hours.
- Incidents that CAN NOT be reported to DADS
DO NOT Report the Following Incidents to DADS:
- Neglect allegations – report the allegation to DFPS.
- Accidental injuries – if neglect is suspected, report the suspicion to DFPS.
- Injuries of unknown origin – if there is reason to suspect an injury of unknown origin was the result of abuse or neglect, report the suspicion to DFPS.
- Self-injurious behavior – if neglect is suspected, report the suspicion to DFPS.
- Drug diversions – notify the local police department.
- Burglary of a facility – notify the local police department.
- Theft of facility property – notify the local police department.
- Routine hospitalizations due to illness – promptly notify the client’s legally authorized representative of any significant illnesses (42 CFR §483.420(c)(6) (W148)).
