Current through Register Vol. 46, No. 39, September 25, 2024
(a) If an agency
becomes aware of an event or situation involving an individual receiving
services from the agency, in which the event or situation is not under the
auspices of the agency (see subdivision
625.2(a)), the agency must respond to the event or situation as follows:
(1) If the event or situation meets one of
the definitions in sections
624.3
or
624.4
of this Title (reportable incidents and notable occurrences) and occurred under
the auspices of another agency subject to the requirements of Part 624 of this
Title:
(i) The agency must comply with the
requirements of subdivision
624.5(r)
of this Title. This includes the requirement to document the event or situation
and report the situation to the agency under whose auspices the event or
situation occurred.
(ii) Note that
mandated reporters (e.g. custodians) are required to make reports to the
Vulnerable Persons' Central Register (VPCR) pursuant to section 491 of the social services law. This means
that mandated reporters at the discovering agency must report to the VPCR upon
discovery of a reportable incident that occurred in another program or facility
that is certified or operated by OWPDD.
(2) If the event or situation meets one of
the definitions in sections
624.3
or
624.4
of this Title and occurred in a facility or service setting subject to the
regulatory oversight of another State Agency (e.g. school, hospital), the
agency must document the event or situation and shall report the situation to
the management of the facility or service setting.
(3) The agency must intervene as specified in
subdivision (b) of this section if it has reason to believe (e.g., a report or
complaint is made to the agency, etc.) that the event or situation meets the
definition of physical, sexual, or emotional abuse; active, passive, or self
neglect; or financial exploitation as defined in section
625.2 of
this Part, unless the event or situation meets the criteria in paragraphs (1)
or (2) of this subdivision.
(4)
Requirements concerning agency involvement in deaths that are not under the
auspices of an agency are in section
625.5
of this Part.
(b) The
agency must intervene in an event or situation that meets the definition of
physical, sexual, or emotional abuse; active, passive, or self neglect; or
financial exploitation by taking actions to protect the involved individual
with developmental disabilities. Such actions, as appropriate, may include but
are not limited to the following:
(1)
notifying an appropriate party that may be in a position to address the event
or situation (e.g. Statewide Central Register of Child Abuse and Maltreatment,
Adult Protective Services, law enforcement officials, family members, school,
hospital, or the Office of Professional Discipline);
(2) offering to make referrals to appropriate
service providers, clinicians, State agencies, or any other appropriate
parties;
(3) interviewing the
involved individual and/or witnesses;
(4) assessing and monitoring the
individual;
(5) reviewing records
and other relevant documentation; and
(6) educating the individual about his or her
choices and options regarding the matter.
(c) The agency must intervene as it deems
necessary and appropriate (see subdivision (b) of this section for a list of
interventions) when the event or situation meets the definition of physical,
sexual, or emotional abuse; active, passive, or self neglect; or financial
exploitation, and involves an adult who meets the following criteria:
(1) the individual resides in a residence
certified or operated by OPWDD (or a family care home);
(2) the individual receives day program
services certified or operated by OPWDD;
(3) the individual receives Medicaid Service
Coordination (MSC) or Plan of Care Support Services (PCSS) authorized by OPWDD;
and/or
(4) the individual receives
Home and Community Based Services (HCBS) waiver services authorized by
OPWDD.
(d) The agency
shall intervene by notifying Adult Protective Services of any event or
situation that meets the definition of physical, sexual or emotional abuse;
active, passive, or self neglect; or financial exploitation, when it involves
an adult receiving services who meets the following criteria:
(1) the individual is only receiving family
support services (FSS), individual support services (ISS), or Article 16 clinic
services; and/or
(2) the individual
is not available to the agency or sponsoring agency; and/or
(3) the individual is in need of protective
services that the agency cannot provide.
(e) Mandated reporters identified in Section 413 of the Social Services Law who are
required to report cases of suspected child abuse or maltreatment must report
to the Statewide Central Register of Child Abuse and Maltreatment in accordance
with the requirements of Article 6 of the Social Services Law.
(f) If more than one agency is providing
services to the individual, there must be a responsible agency that is
designated to intervene in events or situations that meet the definition of
physical, sexual, or emotional abuse; active, passive, or self neglect; or
financial exploitation.
(1) The agency
responsible for intervening must be the provider of the services to the
individual (or sponsoring agency) in the order stated:
(i) residential facility, including a family
care home (note: this does not include free-standing respite
facilities);
(ii) certified day
program (if the individual is receiving services from more than one certified
day program, the responsible agency shall be the agency that provides the
greater duration of service on a regular basis);
(iii) MSC or PCSS;
(iv) HCBS Waiver services including respite
services provided at a free standing respite facility or services under the
Care at Home Waiver;
(v) FSS, ISS
and/or Article 16 clinic services;
(vi) any other service certified, operated,
or funded by OPWDD.
(2)
If the discovering agency is not the responsible agency, the discovering agency
must notify the responsible agency of the event or situation (unless it is sure
that the responsible agency is already aware).
