(a) A provider of
Community First Choice personal care services shall report to the department,
in a format provided by the department, a critical incident involving a
recipient not later than one business day after observing or learning of the
critical incident.
(b) A provider
agency shall develop and implement a system to manage and report critical
incidents that includes
(1) methods for
identifying a critical incident;
(2) a protocol for emergency response to a
critical incident;
(3) procedures
for investigating and analyzing a critical incident to determine its
cause;
(4) a plan to ensure that
each member of the provider's staff is trained in critical incident management
and reporting; and
(5) a process
that ensures timely reporting of a critical incident
(A) to the department and the recipient's
representative; and
(B) to other
service providers when necessary to protect recipient health, safety, and
welfare; the provider shall maintain a record of names of the providers that
are sent incident reports and the date sent.
(c) A provider of Community First Choice
personal care services that terminates services to a recipient under 7 AAC
127.070 shall refer the recipient to the office of the department responsible
for adult protective services or the office of the department responsible for
children's services, as appropriate, if the provider has any concern that
immediate termination of the provider's services will place the recipient at
risk of harm.
(d) In this section,
(1) "critical incident" means
(A) a missing recipient;
(B) recipient behavior that resulted in harm
to the recipient or others;
(C)
misuse of restrictive interventions; in this subparagraph, "restrictive
intervention" has the meaning given in 7 A AC 127.160;
(D) a use of restrictive intervention that
resulted in the need for evaluation by or consultation with medical personnel;
in this subparagraph, "restrictive intervention" has the meaning given in 7 AAC
127.160;
(E) death of a
recipient;
(F) an accident, an
injury, or another unexpected event that affected the recipient's health,
safety, or welfare to the extent evaluation by or consultation with medical
personnel was needed;
(G) a
medication error that resulted in the need for evaluation by or consultation
with medical personnel;
(H) an
event that involved the recipient and a response from a peace
officer;
(2) "evaluation
by or consultation with medical personnel" means analysis of the incident with
respect to a recipient's health, safety, and welfare for the purpose of
determining an appropriate treatment or course of action;
(3) "medication error" means
(A) a failure to document assisting a
recipient with self-administration of prescribed oral medication, eye drops,
and skin ointments; in this subparagraph, "assisting a recipient with
self-administration of prescribed oral medication, eye drops, and skin
ointments" has the meaning given in 7 AAC 125.030(g);
(B) a failure to assist a recipient with
self-administration of prescribed oral medication, eye drops, and skin
ointments at, or within one hour before or one hour after, the scheduled time;
in this subparagraph, "assisting a recipient with self-administration of
prescribed oral medication, eye drops, and skin ointments" has the meaning
given in 7 A AC 125.030(g);
(C) the
delivery or use of medication
(i) at a time
other than when a medication was scheduled, if the time was outside the
acceptable range in (B) of this paragraph;
(ii) other than by the prescribed
route;
(iii) other than in the
prescribed dosage;
(iv) not
intended for the recipient; or
(v)
intended for the recipient, but given to another individual.
