FAQ: Abuse, Neglect and Exploitation Complaints & Investigations

Disclaimer: The answers provided in this document are the result of the Texas and New Mexico Hospice Organization’s research and analysis. If you have specific questions on rules and interpretation, contact the Texas Department of Aging and Disability Services’ Regional or State Offices.

Note: This FAQ has been updated to reflect that DFPS will be notifying the alleged victim and perpetrator on the outcome of the investigation and the citation of current rules affecting the FAQ.

Question: Are abuse, neglect and exploitation (ANE) investigations changing?

Answer: Yes. The Department of Family and Protective Services (DFPS) will be investigating allegations of ANE in certain settings.

Question: Why are these changes being made?

Answer: The 84th Legislative Session passed SB 1880 which expands DFPS’ authority to investigate allegations of ANE in certain settings.

Question: What types of settings does DFPS have the authority to go into?

Answer: Adult Protective Services (APS), DFPS has the authority to investigate state hospitals, state supported living centers (SSLC), intermediate care facilities for persons with intellectual disabilities (ICF/ID), the Department of Aging and Disability Services and Department of State Health Services (DADS/DSHS) operated community services and persons contracting with a Health and Human Services (HHSC) agency to provide inpatient mental health services. This could be:

  • a community mental health or local intellectual and developmental disability authority;
  • a person who contracts with a HHSC agency or managed care organization to provide home and community based services (1915c waivers);
  • a person who contracts with a managed care to provide behavior health services;
  • a managed care organization, an officer/employee/contractor/subcontractor of the previous identified entities;
  • entities that participate in the consumer directed services option;
  • persons residing in a HCS group home regardless of whether the person is receiving services under the waiver program from the provider; and,
  • children receiving services in a HCSSA.

Question: Does Home and Community Support Services Agencies (HCSSA), mainly hospice fall within this list?

Answer: Yes, hospice providers fall under this list because you provide services to people in these settings.

Question: I thought DADS did our investigations; will that end?

Answer: No. DADS will continue to investigate allegations that fall under licensure. APS does NOT investigate if the provider is licensed AND another agency has authority to investigate the ANE of that licensed provider!

Question: What does this mean for the hospice provider?

Answer: Please note the following:

  1. DFPS is the neutral third party investigator for allegations of ANE involving adults and children.
  2. DFPS statewide intake receives a call of ANE against a consumer.
  3. DFPS will notify the provider so the provider can protect the consumer. If the provider is unknown, at the time of the intake, DFPS will take steps to identify the provider.
  4. DFPS will prioritize the call and refer the intake to its regional offices for investigation as well as any other state agency for their investigation.
  5. Upon completion of the investigation, DFPS will give the report to the HCSSA and any other entity as determined by DFPS.
  6. DFPS will be responsible for notifying the alleged victim of the outcome of the investigation and their right to appeal, if they do not agree with the results of the investigation.
  7. DFPS will be responsible for notifying the alleged perpetrator of the outcome of the investigation.

Question: Does the hospice provider continue to comply with 40 Texas Administrative Code Chapter 97 Home and Community Support Services Agencies licensure rules on ANE?

Answer: Yes. Remember, you will continue to comply with DADS provider letters, calling the DADS hotline #800-458-9858, as currently required and complying with the DFPS rules and provider letters. Hospice providers should be aware of the following rules:

  1. 40 TAC Chapter 97.249 Self-Reported Incidents of Abuse, Neglect and Exploitation (and any other pertinent rules):
  2. 40 TAC Chapter 711 Investigations in DADS and DSHS Facilities and Related Programs:

Question: Will rules be changing? Where did they change?

Answer: Yes. Please note the following rule changes:

  • 40 TAC §97.501Survey and Investigation Frequency effective September 2015; and,
  • 40 TAC 711 Investigations In DADS and DSHS Facilities and Related Programs, effective September 2016.

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