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2712 Department of Aging and Disability Services (DADS)

SWI Policy and Procedures May 2017

DADS regulates facility-based programs (assisted living facilities, intermediate care facilities, and nursing homes), multiple Medicaid waiver programs, and community-based programs. DADS also provides help for individuals with medical, physical, intellectual, and developmental disabilities.

For long-term care programs within DADS see the Long Term Care Provider Search on the DADS website.

DFPS has the jurisdiction to investigate allegations of abuse, neglect, and exploitation of persons residing in or receiving services from facilities and programs regulated by DADS, under specific circumstances. For example, APS In-Home can investigate when a nursing home resident is being financially exploited by a family member.

State supported living centers operated by DADS are licensed and certified as intermediate care facilities (ICFs/IID) by DADS. At times, both APS Provider and DADS have jurisdiction to investigate a particular case at a state supported living center. The DADS investigation is conducted from a licensing perspective, while APS Provider investigates to determine if abuse, neglect, or exploitation has occurred. In the best interest of the person served, a joint investigation should be conducted when feasible and appropriate.

2712.1 DADS Consumer Rights and Services Complaint Intake Unit

SWI Policy and Procedures May 2017

Callers may contact the DADS Consumer Rights and Services Complaint Intake Unit at 1-800-458-9858 to report suspected abuse or neglect that occurs in:

  •   Nursing homes

  •   Assisted living facilities

  •   Home health and hospice

  •   Day activity and health services

  •   Intermediate care facilities

In some situations, callers may contact DFPS as DFPS may also have jurisdiction to investigate the abuse, neglect, or exploitation of individuals residing in these settings (See 1112 Abuse, Neglect, or Exploitation of a Person Age 65 or Older or a Person With a Disability.)

The DADS phone line is answered by in-office employees from 7 a.m. to 7 p.m. Monday through Friday. If a call is placed outside of those hours, there is an option to leave a message and the call will be returned the next workday.

There is no emergency or on-call person for DADS, so if an emergency situation is reported, the intake specialist refers the reporter to local law enforcement.

When SWI reporters allege abuse or neglect, or have concerns about consumer rights issues in the facilities not investigated by APS Provider Investigations or situations not investigated by APS In-Home Investigations, the intake specialist:

  •   advises the reporter to make the report to DADS;

  •   completes an I&R Referred to DADS; and

  •   closes the report.

If the reporter refuses to contact DADS, the intake specialist:

  •   obtains the information;

  •   completes an I&R Referred to DADS; and

  •   manually assigns the I&R to the Faxing workload.

See:

I&R Best Practice Narratives

3631 I&Rs For Another Texas State Agency, Out-of State Agency, or Law Enforcement Agency

2712.2 Correspondence Received from DADS

SWI Policy and Procedures May 2017

Intake specialists review reports forwarded from DADS to ensure that the situation meets guidelines for investigation by either APS In-Home or APS Facility Investigations.

There are times when SWI sends an I&R Referred to DADS, but DADS personnel decides that the situation does not meet criteria for investigation by DADS. DADS then faxes the report back to SWI.

If the situation does not appear to meet DFPS guidelines, the intake specialist consults with an intake supervisor.

 

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