Employee Misconduct Registry FAQs
Q: Which Texas Department of Aging and Disability Services (DADS) regulated facilities and agencies are required to call the Employee Misconduct Registry (EMR) and Nurse Aide Registry (NAR) before hiring an unlicensed employee to determine if they are employable?
A: The following facilities and agencies:
- nursing facilities;
- intermediate care facilities for individuals with an intellectual disability or related condition (ICF/IID) that are licensed by DADS;
- assisted living (personal care) facilities;
- adult foster care (Type C) facilities;
- adult day care facilities;
- hospices; and
- home and community support services agencies (HCSSAs).
Q: Which unlicensed employees are facilities and agencies required to call the registries about to ensure that they are not employable?
A: Unlicensed employees who provide the following services to residents or consumers of DADS-licensed long-term care facilities and agencies:
- direct care services (direct care services include eating, bathing, dressing, and ambulatory services and assistance to residents);
- personal care services;
- active treatment; and
- any other services.
Q: What is the time frame for placing a facility employee on the registry?
A: Only when all due process considerations are exhausted is the individual's name listed on the registry as unemployable.
Q: What methods may be used to verify employability in DADS-regulated facilities/agencies?
There are now three methods of verifying employability in DADS-regulated facilities and agencies. The most accurate method is the department’s toll-free automated line at 1-800-452-3934, which accesses and verifies the individual’s status by Social Security number.
Another method is the Sanctions Database, which is accessible via the DADS Credentialing website, but allows access to information only by name. Please be aware of the possibility that individuals may possess the same name. Therefore, if a match is found, the toll free automated line should also be referenced to verify the correct identity of the individual by inputting the Social Security number.
A third option is the Employability Status Search, also accessible through the DADS Credentialing website, which allows a single search, by name or Social Security number, of the NAR and EMR for employability disqualifications.
Q: Who do we call to report or file a complaint about an unlicensed staff person?
A: Call the Regulatory Services toll-free Complaint Hotline at 1-800-458-9858.
Q: What are facilities required to do once they have determined abuse, neglect or misappropriation/exploitation of a resident or consumer by an unlicensed employee?
A: Facilities are required to make an incident report to the DADS Complaint Hotline at 1-800-458-9858.
Q: What are agencies (HCSSAs) required to do once they have determined abuse, neglect or exploitation of an adult client by an unlicensed employee?
A: Agencies (HCSSAs) are required to make an incident report to the Texas Department of Family and Protective Services (DFPS) at 1-800-252-5400 (for employee investigation) and to DADS at 1-800-228-1570(for agency investigation).
Q: Who investigates HCSSA employees for EMR referrals?
A: DFPS investigates allegations of abuse, neglect or exploitation of an adult client by HCSSA employees once an incident report is made. DFPS also provides due process to HCSSA employees once a referral is made to the EMR.
DADS investigates allegations of abuse, neglect or exploitation of a client under the age of 18 by HCSSA employees once an incident report is made. DADS also provides due process to these HCSSA employees once a referral is made to the EMR.
Q: Who may refer facility employees to the EMR?
A: Upon completion of the DADS investigation of the incident and once reportable conduct is substantiated, only DADS surveyors may refer facility employees to the EMR.
Q: Who may refer agency (HCSSA) employees to the EMR?
A: Only DFPS or DADS surveyors may refer facility employees to the EMR upon completion of an investigation of the incident and once reportable conduct is substantiated.
Q: How long is an individual listed on the EMR as unemployable?
A: Once listed on the EMR, an individual is permanently unemployable in any DADS-regulated facility or agency in the state of Texas.
Q: Is there any way to look on the website and find out the date an individual was placed on the EMR?
A: The date an individual is placed on the EMR is accessible through the department's toll free automated line, but not on the Credentialing website.
Q: Who do we contact with questions about the Employee Misconduct Registry?
A: You can email your question to: credential@DADS.state.tx.us.
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November 5, 2012