Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 404 - DEVELOPMENTAL DISABILITIES SERVICES
Chapter 5 - CORE REQUIREMENTS FOR ALL CERTIFIED AND INDEPENDENT PROVIDERS OF SERVICES
Section 404-5-004 - ABUSE AND NEGLECT

Universal Citation: 404 NE Admin Rules and Regs ch 5 ยง 004

Current through March 20, 2024

The provider must develop and implement a system to detect and prevent abuse or neglect and to handle allegations or suspicions of abuse, neglect, or exploitation. The provider must:

(A) Establish a definition of abuse or neglect that is consistent with these regulations;

(B) Establish a process and timelines for prompt and accurate reporting of allegations or suspicions of abuse or neglect to appropriate outside authorities that is in accordance with applicable law;

(C) Have measures and timelines for reporting of allegations or suspicions of abuse or neglect to appropriate provider administrative staff; the legal representative, if appropriate; and the service coordinator;

(D) Conduct a timely, thorough, and objective investigation of all allegations or suspicions of abuse or neglect, including protection of participants during the investigation;

(E) Establish a process for disciplinary action taken when staff are found to have engaged in abusive or neglectful behavior; and

(F) Take appropriate corrective or disciplinary action in response to the investigation. As part of this action, the provider must:

(i) Complete a review, by the director of the entity or designee, of all allegations or suspicions, and investigations and make decisions on the action to be taken;

(ii) Identify the means to lessen the likelihood of further incidents if the allegation or suspicion is substantiated; and

(iii) Document the allegation or suspicion, investigation, conclusion, action taken, and means to prevent further incidents.

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