Current through Register Vol. 50, No. 9, September 20, 2024
A. A nursing facility shall have written
procedures for the reporting and documentation of actual and suspected
incidents of abuse, neglect, misappropriation of property/funds, and suspicious
death. Major injuries of unknown origin (e.g., fractures, burns, suspicious
contusions, head injuries, etc.) for which the nursing facility is unable to
determine the cause and could possibly be the result of abuse or neglect shall
also be reported. Such procedures shall ensure that:
1. a resident is protected from harm during
an investigation;
2. all alleged
violations involving abuse, neglect, exploitation, or mistreatment, including
injuries of unknown origin and misappropriation of resident property, are
reported immediately, but not later than two hours after the allegation is made
or discovered, to the administrator of the facility and to other officials
(including Health Standards Section (HSS) and law enforcement) where state law
provides jurisdiction, if the events that caused the allegation involve abuse
or result in a serious bodily injury; or not later than 24 hours after the
events that caused an allegation which does not involve abuse or result in
serious bodily injury, to the administrator of the facility and to other
officials;
3. allegations of an
event that do not involve abuse or result in serious bodily injury shall be
reported to the administrator of the facility and HSS not later than 24 hours
after the occurrence of or discovery of the incident. The nursing facility
shall utilize the current department reporting database system to provide
notification;
NOTE: Repealed.
4. appropriate authorities are to be notified
according to state law;
5.
immediate, documented attempts are made to notify the residents legal
representative;
6. immediate
attempts are made to notify other involved agencies and parties as
appropriate;
7. immediate
notification is made to the appropriate law enforcement authority whenever
warranted; and
8. the nursing
facility is required to maintain internet access and to keep the department
informed of its active and monitored electronic mail address at all
times.
B. The initial
written notification submitted to the LDH HSS within 24 hours of occurrence or
discovery of the incident shall include:
1.
the name of the alleged victim;
2.
the name of the accused (if known);
3. the incident category (if
applicable);
4. the date and time
the incident occurred, if known, and the date and time the incident was
discovered;
5. a description of the
alleged abuse, neglect, misappropriation of property, and incident of unknown
origin from the victim and/or the reporter;
6. documentation of any action taken to
protect the resident during the investigation; and
7. any other relevant information available
at the time the report is submitted.
C. The nursing facility shall have evidence
that the alleged violations are thoroughly investigated and shall ensure
protection of the resident from further potential abuse, neglect, and
misappropriation of property/funds while the investigation is in
progress.
D. A final report with
the results of all investigations shall be reported to HSS within five working
days of the incident through use of the current department reporting database
system. The report shall include:
1. the
alleged victims name, date of birth, and a complete description of the physical
harm, pain or mental anguish;
2.
the name, date of birth, address and telephone number of the accused. If the
accused is a nursing facility employee, include the Social Security
number.
3. the date and time the
incident occurred, if known, and the date and time the incident was
discovered;
4. a description of the
alleged abuse, neglect, misappropriation of property, and incident of unknown
origin;
5. a detailed summary of
the entity's investigation including all witness information and all facts that
lead to the determination of substantiated, unsubstantiated or unable to
verify:
a. immediate action taken to protect
the alleged victim during the investigation; and
b. any action taken toward the accused;
and
6. nursing facility
administrator/CEO finding.
E. If an alleged violation is verified, the
nursing facility shall take appropriate corrective action.
F. If the investigation substantiates abuse,
neglect, and/or misappropriation of property against a CNA, the following shall
be available, if requested, by HSS:
1. a copy
of the NAT-7 verifying termination;
2. the nursing facility abuse policy signed
by the CNA;
3. the date and time
the incident occurred;
4. the date
and time the incident was discovered;
5. a copy of the CNA's statement (signed and
dated);
6. a copy of the residents
statement (signed and dated);
7.
witness statements (signed and dated); and
8. a copy of the time card for the date and
time of the incident.
AUTHORITY
NOTE: Promulgated in accordance with R.S. 36:254 and 40:2009.1-2009.44.
