Code of Massachusetts Regulations
115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES
Title 115 CMR 13.00 - Incident Reporting
Section 13.04 - Notice and Reporting

(1) Incidents shall be designated as requiring either a minor or major level of review in accordance with the incident management guidelines issued by the Department.

(2) Providers shall give verbal notification to the Area Office of a reportable incident requiring a major level of review as soon as the incident is discovered.

(3) Providers shall submit an Initial Incident Report to the Department and a Final Incident Report in the form and manner directed by the Department and within the timelines specified by the Department.

(4) An incident is closed when the provider and Regional or Area Office approve the Final Incident Report.

(5) An individual's guardian(s) shall receive verbal notification that an incident requiring a major level review involving the individual occurred as soon as reasonably practicable after the incident is discovered. Notification of incidents requiring a minor level review shall be made to the guardian(s) in accordance with the preferences expressed by the guardian(s) documented in the individual record. Guardians may request written notification regarding any incident, and shall have access to any Incident Report when finalized.

(6) For incidents initially designated as requiring a major level of review, providers shall complete and submit a paper or electronic Incident Report to the Department within one business day. For incidents initially designated as requiring a minor level of review, providers shall complete and submit a paper or electronic Incident Report to the Department within three business days. Providers shall report incidents requiring a major level or minor level of review to the Department in paper or electronically in accordance with 115 CMR 13.00 or as otherwise set forth in the Department's incident management guidelines.