Current through Register 1531, September 27, 2024
(A) Upon receipt of an oral or written report
of suspected patient or resident abuse, neglect, mistreatment or
misappropriation of patient or resident property made pursuant to
105 CMR 155.000, the
Department shall:
(1) immediately notify the
Attorney General orally, or by electronic transmission or facsimile, of the
receipt of said report;
(2) conduct
an investigation into the allegations contained in the report within 24 hours
after receipt of the oral report if there is reasonable cause to believe that a
patient's or resident's health or safety is in immediate danger from further
abuse, neglect or mistreatment;
(3)
conduct an investigation into the allegations contained in the report within
seven days after receipt of the written report in all other cases;
(4) at the conclusion of the investigation,
issue a written report containing the findings and recommendations of its
investigation.
(B) The
Department's investigation into the allegations contained in any report it
receives of suspected patient or resident abuse, neglect, mistreatment or
misappropriation of patient or resident property made pursuant to
105 CMR 155.000 shall
include, but not be limited to, the following:
(1) a visit to the facility, home health
agency, homemaker agency, or hospice program in question, or the residence of
the patient involved in the report;
(2) notifying the administrator of the
facility, or the director of the home health agency, homemaker agency, or
hospice program at the time of the on-site visit that the Department is
investigating a case of suspected patient or resident abuse, neglect,
mistreatment or misappropriation of patient or resident property pursuant to
105 CMR 155.000, unless
such notification would jeopardize patient or resident health or safety or the
Department's ability to conduct a complete and thorough
investigation;
(3) an attempt to
interview the patient or resident who was allegedly abused, neglected,
mistreated or had property misappropriated;
(4) an evaluation and determination of the
nature, extent and cause or causes of any injuries sustained by the patient or
resident in question;
(5) an
attempt to identify and interview the person or persons accused of the alleged
abuse, neglect, mistreatment or misappropriation of the property of the patient
or resident in question;
(6) an
attempt to interview all witnesses to the event;
(7) an evaluation of the environment in the
facility named in the report and a determination of the risk of physical or
psychological injury to any other residents in the facility; and
(8) an evaluation of any and all other
pertinent facts.
(C) If
the Department has reasonable cause to believe that a patient or resident has
died as a result of abuse, neglect or mistreatment, it shall immediately report
such death to the Attorney General, the District Attorney for the county in
which such death occurred, and the Medical Examiner for said county.
(D)
Issuance of the Department's
Written Report
(1) At the
conclusion of its investigation, the Department shall issue a written report of
its findings and recommendations. The report shall contain no identifying
information relating to any patient or resident, reporting individual, or any
other person whose right of privacy would be abridged by the
disclosure.
(2) The Department
shall send a copy of its report to the following:
(a) The Attorney General;
(b) The mandatory or nonmandatory reporter of
the incident;
(c) The facility,
home health agency, homemaker agency or hospice program involved; and
(d) The accused.
