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Principles cited FY 2012

Note: Fiscal year (FY) 2012 began Sept. 1, 2011, and ended Aug. 31, 2012. Source: Texas Department of Aging and Disability Services Regulatory Services Fiscal Year 2012 Annual Report.

Top 10 Principles Cited During Reviews for Fiscal Year 2012

  1. Service Delivery: 40 TAC §9.174(A)(31) — The program provider failed to ensure that nursing was provided in accordance with the program participant's PDP, IPC, implementation plan, and with Appendix C of the HCS Program waiver application and consisted of performing health care procedures and monitoring the program participant's health conditions. (Not ranked in fiscal year 2011)

  2. Staff Member and Service Provider Requirements: 40 TAC §9.177(C) — The program provider failed to comply with each applicable regulation required by the state of Texas in ensuring that its operations and staff members and service providers met state certification, licensure, or regulation for any tasks performed or services delivered in part or in entirety for the HCS Program. (Ranked No. 6 in fiscal year 2011)

  3. Quality Assurance: 40 TAC §9.178(Y) — The program provider failed to enter critical incident data in the Client Assessment and Registration System (CARE) no later than 30 days after the last day of the month being reported.  (Ranked No. 3 in fiscal year 2011)

  4. Service Delivery: 40 TAC §9.174(A)(03) — The program provider failed to provide or obtain as needed and without delay all HCS program services. (Ranked No. 8 in fiscal year 2011)

  5. Staff Member and Service Provider Requirements: 40 TAC §9.177(A) — The program provider failed to ensure the continuous availability of trained and qualified service providers to deliver the required services as determined by the program participant's needs. (Not ranked in fiscal year 2011)

  6. Quality Assurance: 40 TAC §9.178(N)(1) — The program provider failed to report the provider's response to findings of all DFPS investigations of abuse, neglect, or exploitation to DADS within 14 calendar days of the provider's receipt of the investigation findings. (Not ranked in fiscal year 2011)

  7. Staff Member and Service Provider Requirements: 40 TAC §9.177(N)(2) — The program provider failed to ensure that a service provider was not listed as "unemployable" in the Employee Misconduct Registry or the Nurse Aide Registry maintained by DADS by searching or ensuring a search of such registries was conducted, before hiring and annually thereafter, in accordance with Texas Health and Safety Code, 250. 003. (Ranked No. 7 in fiscal year 2011)

  8. Quality Assurance: 40 TAC §9.178(K)(3) — The program provider failed to notify, within 24 hours of an allegation of abuse, neglect or exploitation, the alleged victim and the alleged victim's legally authorized representative and the service coordinator of the allegation report and the actions that have been or will be taken. (Not ranked in fiscal year 2011)

  9. Quality Assurance: 40 TAC §9.178(N)(2) — The program provider failed to report to DADS in accordance with DADS' instructions the program provider's response to the DFPS investigation that involves a staff member or service provider within 14 calendar days after the program provider's receipt of the investigation report. (Not ranked in fiscal year 2011)

  10. Staff Member and Service Provider Requirements: 40 TAC §9.177(D)(1) — The program provider failed to  implement and maintain a plan for initial and periodic training of staff members and service providers that ensured staff members and service providers were qualified to deliver services as required by the current needs and characteristics of those to whom they deliver services, including the use of restraint. (Ranked No. 2 in fiscal year 2011)

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Updated: May 22, 2013