Current through Register Vol. 35, No. 18, September 24, 2024
A.
Duty to report:
(1) All licensed
health care facilities shall immediately report abuse, neglect or exploitation
to the adult protective services division.
(2) All licensed health care facilities shall
report abuse, neglect, exploitation, and injuries of unknown origin or other
reportable incidents to the bureau within a 24 hour period, or the next
business day when the incident occurs on a weekend or holiday.
(3) All licensed health care facilities shall
ensure that the reporter with direct knowledge of an incident has immediate
access to the bureau incident report form to allow the reporter to respond to,
report, and document incidents in a timely and accurate
manner.
B.
Notification:
(1)
Incident
reporting: Any person may report an incident to the bureau by utilizing
the DHI toll free complaint hotline at 1-800-752-8649. Any consumer, employee,
family member or legal guardian may also report an incident to the bureau
directly or through the licensed health care facility by written correspondence
or by utilizing the bureau's incident report form. The incident report form and
instructions for the completion and filing are available at the division's
website or may be obtained from the authority by calling the toll free number
at 1-800752-8649.
(2)
Division incident report form and notification by licensed health care
facilities: The licensed health care facility shall report incidents
utilizing the division's incident report form consistent with the requirements
of the division's incident management system guide and CMS regulations as
applicable. The licensed health care facility shall ensure that all incident
report forms alleging abuse, neglect, exploitation, injuries of unknown origin
or other reportable incidents are submitted by a reporter with direct knowledge
of an incident, are completed on the bureau's incident report form and received
by the division within 24 hours of an incident or allegation of an incident or
the next business day if the incident occurs on a weekend or a holiday. The
licensed health care facility shall ensure that the reporter with the most
direct knowledge of the incident assists with the preparation of the incident
report form.
C.
Incident policies: All licensed health care facilities shall
maintain policies and procedures which describe the licensed health care
facility's immediate response to all reported allegations of abuse, neglect,
exploitation, injuries of unknown origin, and deaths, as applicable.
D.
Retaliation: Any individual
who, without false intent, reports an incident or makes an allegation of abuse,
neglect or exploitation will be free of any form of retaliation.
E.
Quality improvement system for
licensed health care facilities: The licensed health care facility shall
establish and implement a quality improvement system for reviewing alleged
complaints and incidents. The incident management system shall include written
documentation of corrective actions taken. The provider shall maintain
documented evidence that all alleged violations are thoroughly investigated,
and shall take all reasonable steps to prevent further incidents.
