Tex. Human Resources Code Section 48.103
Notification of Licensing or Contracting Agency


(a)

Except as otherwise provided by Subsection (c), on determining after an investigation that an elderly person or a person with a disability has been abused, exploited, or neglected by an employee of a home and community support services agency licensed under Chapter 142 (Home and Community Support Services), Health and Safety Code, the department shall:

(1)

notify the state agency responsible for licensing the home and community support services agency of the department’s determination;

(2)

notify any health and human services agency, as defined by Section 531.001 (Definitions), Government Code, that contracts with the home and community support services agency for the delivery of health care services of the department’s determination; and

(3)

provide to the licensing state agency and any contracting health and human services agency access to the department’s records or documents relating to the department’s investigation.

(a)

Except as otherwise provided by Subsection (c), on determining after an investigation that an elderly person or a person with a disability has been abused, exploited, or neglected by an employee of a home and community support services agency licensed under Chapter 142 (Home and Community Support Services), Health and Safety Code, the department shall:

(1)

notify the state agency responsible for licensing the home and community support services agency of the department’s determination;

(2)

notify any health and human services agency, as defined by Section 521.0001 (Definitions), Government Code, that contracts with the home and community support services agency for the delivery of health care services of the department’s determination; and

(3)

provide to the licensing state agency and any contracting health and human services agency access to the department’s records or documents relating to the department’s investigation.

(b)

Providing access to a confidential record or document under this section does not constitute a waiver of confidentiality.

(c)

This section does not apply to an investigation of alleged or suspected abuse, neglect, or exploitation in which a provider, as defined by Section 48.251 (Definitions), is or may be alleged to have committed the abuse, neglect, or exploitation. An investigation described by this subsection is governed by Subchapter F.
Added by Acts 1999, 76th Leg., ch. 276, Sec. 13, eff. Sept. 1, 1999. Renumbered from Sec. 48.0381 by Acts 2001, 77th Leg., ch. 75, Sec. 1, eff. May 14, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.263, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 5, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 13, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.94, eff. April 1, 2025.

Source: Section 48.103 — Notification of Licensing or Contracting Agency, https://statutes.­capitol.­texas.­gov/Docs/HR/htm/HR.­48.­htm#48.­103 (accessed Mar. 23, 2024).

48.001
Purpose
48.002
Definitions
48.003
Investigations in Nursing Facilities, Assisted Living Facilities, and Similar Facilities
48.004
Risk Assessment
48.005
Maintenance of Records
48.006
Community Satisfaction Survey
48.007
Memorandum of Understanding Regarding Certain Abuse, Neglect, or Exploitation Investigations
48.0021
Reference to Commission or Executive Commissioner
48.051
Report
48.052
Failure to Report
48.053
False Report
48.054
Immunity
48.101
Confidentiality and Disclosure of Information
48.102
Reports of Investigations in Schools
48.103
Notification of Licensing or Contracting Agency
48.151
Action on Report
48.152
Investigation
48.153
Access to Investigation
48.154
Access to Records or Documents
48.155
Interference with Investigation or Services Prohibited
48.156
Agency Reports
48.159
Internal Review of Department Investigation
48.201
Application of Subchapter
48.202
Service Determination by Department or Agency
48.203
Voluntary Protective Services
48.204
Agency Powers
48.205
Provision of Services
48.206
Cost of Services
48.207
Objection to Medical Treatment
48.208
Emergency Order for Protective Services
48.209
Referral for Guardianship Services
48.210
Representation
48.211
Report to Guardianship Court
48.251
Definitions
48.252
Investigation of Reports of Abuse, Neglect, or Exploitation by Provider
48.253
Action on Report
48.254
Forwarding of Certain Reports
48.255
Rules for Investigations Under This Subchapter
48.256
Sharing Provider Information
48.257
Retaliation Prohibited
48.258
Tracking System for Reports and Investigations
48.301
Investigation of Reports in Other State Facilities
48.302
Approval of Rules
48.303
Memorandum of Understanding
48.304
Statistics
48.401
Definitions
48.402
Rules Relating to Reportable Conduct
48.403
Finding
48.404
Notice of Finding
48.405
Hearing
48.406
Notice
48.407
Informal Proceedings
48.408
Information for the Employee Misconduct Registry
48.1521
Investigation of Complex Cases
48.1522
Reports of Criminal Conduct to Law Enforcement Agency
48.1523
Management Review Following Certain Investigations
48.2535
Forwarding Certain Reports of Criminal Conduct to Law Enforcement

Accessed:
Mar. 23, 2024

§ 48.103’s source at texas​.gov