Sec. 2.
(a)
Incidents falling in the category of unusual occurrences, as defined in
subsection (b), shall be reported to the following:
(1) DDARS within the approved, specified time
frame on the prescribed incident reporting format approved by DDARS.
(2) As applicable, APS or CPS.
(b) Reportable unusual occurrences
include, but are not limited to, the following, as applicable:
(1) Alleged, suspected, or actual abuse,
neglect, or exploitation of an individual. The provider shall do the following:
(A) Suspend staff involved in the incident
pending provider investigation.
(B)
Report the unusual occurrence to the applicable APS or CPS office.
(2) Alleged, suspected, or actual
assault or abuse by an individual.
(3) The death of an individual, which also
must be reported to the appropriate local APS or CPS unit. The narrative shall
include the following:
(A) The name of the
person contacted.
(B) The phone
number of the contact.
(C) The
county of the contact.
(4) A residence that compromises the health
and safety of an individual due to any of the following:
(A) A significant interruption of a major
utility.
(B) An environmental,
structural, or other significant problem.
(5) Environmental or structural problems
associated with a dwelling where individuals reside that compromise the health
and safety of the individuals.
(6)
A residential fire resulting in any of the following:
(A) Relocation.
(B) Personal injury.
(C) Property loss.
(7) Suspected or observed criminal activity
by:
(A) a staff member, employee, or agent of
a provider;
(B) a family member of
an individual receiving services; or
(C) the individual receiving services; when
the care of the individual is impacted or potentially impacted.
(8) Injuries of unknown
origin.
(9) Suicidal ideation or a
suicide attempt that had the potential to cause physical harm, injury, or
death.
(10) A major disturbance or
threat to public safety created in the community by the individual. The threat:
(A) can be:
(i) toward anyone, including staff;
and
(ii) in an internal setting;
and
(B) need not be
outside the individual's residence.
(11) Admission of an individual to a nursing
facility, excluding respite stays.
(12) A significant injury to an individual,
including, but not limited to, the following:
(A) A fracture.
(B) A burn greater than first
degree.
(C) Choking that requires
intervention.
(D) Contusions or
lacerations.
(13) An
injury that occurs while an individual is restrained.
(14) Police involvement when there is an
arrest.
(15) A missing
person.
(16) Inadequate staff
support for an individual, including inadequate supervision, with the potential
for endangering the health or welfare of the individual.
(c) An incident described in subsection (b)
shall be reported by a provider or an employee or agency of a provider who:
(1) is providing services to the individual
at the time of the incident; or
(2)
becomes aware of or receives information about an alleged incident.
(d) An initial report regarding an
incident shall be submitted according to DDARS policy and this article upon:
(1) the occurrence of the incident;
or
(2) the reporter's:
(A) becoming aware of; or
(B) receiving information about; an
incident.
(e)
The provider of CMS or, in the event there is no case manager, the provider to
an individual shall submit a follow-up report concerning the incident on the
prescribed follow-up incident reporting format at the following times:
(1) Within seven (7) days of the date of the
initial report.
(2) Every seven (7)
days thereafter until the incident is deemed resolved by DDARS.
(f) All information required to be
submitted to DDARS must also be submitted to the following:
(1) The individual or the individual's legal
guardian.
(2) The provider of
CMS.
Transferred from the Division of Disability and
Rehabilitative Services ( 460 IAC 1.2-8-2 ) to the Division of Aging ( 455 IAC
2-8-2 ) by P.L. 153-2011, SECTION 21, effective July 1,
2011.
