February 28th, 2024

 

HHSC has begun to send out new ANE Reporting Procedure Posters to ICF providers this week.  If you do not get one, please contact 

Even if you have not received your  ANE posters, please go ahead and make your posting of the new phone # for reporting allegations of Abuse, Neglect and Exploitation in the group homes and other appropriate places for your staff and individuals in your program. Please inform all staff, volunteers, individuals, and LARS of the new protocol.

The reporting time is still “within 1 hr of your knowledge or suspicion of Abuse, Neglect or Exploitation”.

The new phone # for reporting ANE to CII is:  1-800-458-9858. 

Please do not report to DFPS anymore starting March 1st, 2024 as they will no longer be investigation ANE for the ICF/IID programs.

 

A few items of note: 

-CII will be the only place facility or persons reporting ANE will need to make your report.  This should help with redundancies.

-CII will prioritize allegations that are serious health and safety concerns for individuals in the program.

-The facility will not receive a findings report from CII.

-The facility will not receive the findings until surveyors present them to the provider at the entrance meeting during a survey that results from an ANE report and investigation by CII.

-The facility should start protective measures for their individuals and corrections as soon as they are aware of the allegation, so this may start much earlier if the allegation is self-reported (immediately after self-reporting).

-The facility will also need to begin an internal investigation right away and within 5 days of the internal investigation fill out and submit a 3613-A report form to send in to CII.   Facility will no longer wait for a PIR investigation report.

-PIR will no longer be part of the process.  CII will receive all ANE reports, process them and complete Investigations.

-The facility is still required to report to other legal entities as appropriatei.e, client’s rights issue contact IDD Ombudsman, robbery or stolen items, missing person-report to law enforcement, etc…

Resident-to-resident Aggression:  Facilities only need to report resident-to-resident aggression that results in serious injury.  ( See TAC Title 26 Part I Ch 551.213)  What is considered a serious injury?  (See TAC Ch 711.3  for the definitions.)

 

Things your Report To CII Including ANE (section 551.213)

A facility must report any of the following incidents to HHSC’s Complaint and Incident Intake Section at 1-800-458-9858 within one hour after suspecting or learning of the incident:

(1) alleged (Class I) physical abuse of a resident, as defined in Chapter 711 of this title, that caused or may have caused serious physical injury;
(2) alleged (Class I) sexual abuse of a resident, as defined in Chapter 711 of this title;
(3) sexual activity between residents resulting from coercion, physical force, or taking advantage of the disability of a resident;
(4) sexual activity involving a resident less than 18 years of age;
(5) the pregnancy of a resident;
(6) resident-to-resident aggression that results in serious physical injury;
(7) the death of a resident; and
(8) a resident whose location has been unknown by the facility for more than eight hours or less than eight hours if there are circumstances that place the resident’s health or safety at risk.

 

Ch 26 Tac 771.3 

Definition of Serious Physical Injury

(34) Serious physical injury

(A) In state-supported living centers and state hospitals only, any injury requiring medical intervention or hospitalization or any injury determined to be serious by a physician or APRN. Medical intervention is treatment by a licensed medical doctor, osteopath, podiatrist, dentist, physician assistant, or APRN. For the purposes of this subchapter, medical intervention does not include first aid, an examination, diagnostics (e.g., x-ray, blood test), or the prescribing of oral or topical medication;

 (B) For all other service providers, any injury determined to be serious by the appropriate medical personnel. Examples of serious physical injury include:

(i) fracture;

(ii) dislocation of any joint;

(iii) internal injury;

(iv) contusion larger than two and one-half inches in diameter;

(v) concussion;

(vi) second or third degree burn; or

(vii) any laceration requiring sutures or wound closure.


February 25th, 2024

HHSC 2/23/2024 Notice:  

HHSC has released a new letter of guidance regarding the revised ANE reporting process to CII and the ANE investigation process for ICF/IID.  Here is the published provider letter (PL) 2024-04

Beginning March 1, 2024, reporting of investigations for allegations of abuse, neglect, and exploitation (ANE) for Medicaid consumers served by an Intermediate Care Facility for Intellectual and Developmental Disabilities (ICF/IDD) will transition from the Department of Family and Protective Services Statewide Intake (DFPS SWI) to HHSC Regulatory Services Complaint and Incident Intake (CII). 

Additionally, processes related to investigations of ANE of ICF/IDD will change as of March 1, 2024.

For questions contact LTCRPolicy@hhs.texas.gov.

Upcoming Webinars:

Reporting Abuse, Neglect, and Exploitation Changes and Self-Reporting Incidents for ICFs/IID

Tuesday, Feb. 27
10–11:30 a.m.
Register for Feb. 27 webinar.

 

**ICF/IID Reporting and Investigating ANE Webinar with HHSC LTC: 

This session will be similar to the other 3 webinars, but will provide additional information about the ANE process as well as information regarding what providers can expect both during and after an investigation. It is recommended that you register for this webinar and one of the other 3 webinars

Wednesday, Feb. 28, 2024

11:00 a.m.–noon

Register for the ICF Webinar.

 

Reporting Abuse, Neglect, and Exploitation Changes and Self-Reporting Incidents for Intermediate Care Facilities
Tuesday, March 5
10–11:30 a.m.
Register for March 5 webinar.

Reporting Abuse, Neglect, and Exploitation Changes and Self-Reporting Incidents for Intermediate Care Facilities
Thursday, March 21
2–3:30 p.m.
Register for March 21 webinar.