New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIV - Office for People With Developmental Disabilities
Part 625 - Events And Situations That Are Not Under The Auspices Of An Agency
Section 625.4 - OPWDD involvement in events or situations that are not under the auspices of the agency

Universal Citation: 14 NY Comp Codes Rules and Regs § 625.4

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Reporting to OPWDD. The agency must report events or situations in which actions were taken by the agency in accordance with the requirements of section 625.3 of this Part as follows:

(1) The agency must submit an initial report about the event or situation in the OPWDD Incident Report and Management Application (IRMA).

(2) The agency or sponsoring agency must enter initial information about the event or situation within twenty-four hours of occurrence or discovery or by close of the next working day, whichever is later. Such initial information must identify all actions taken by the agency, including any initial actions taken to protect the involved individual.

(3) The agency must report updates on the event or situation in IRMA on a monthly basis or more frequently upon the request of OPWDD until the event or situation is resolved. Such updates must include information about subsequent interventions (see subdivision 625.3(b)) and include information about the resolution of the event or situation.

(4) Requirements concerning OPWDD involvement in deaths that are not under the auspices of an agency are in section 625.5 of this Part.

(b) Review/investigation by OPWDD.

(1) OPWDD has the right to investigate or review any event or situation regardless of the source of the information. The agency must provide OPWDD reviewers or investigators with all relevant records, reports, and other information pertaining to the event or situation. Individuals receiving services, staff, and any other relevant parties may be interviewed in pursuit of any such review or investigation.

(2) When an event or situation is investigated or reviewed by OPWDD, OPWDD may make recommendations to the agency or sponsoring agency concerning any matter related to the event or situation. This may include a recommendation that the agency conduct an investigation and/or take specific actions to intervene. In the event that OPWDD makes recommendations, the agency or sponsoring agency must either:

(i) implement each recommendation in a timely fashion and submit documentation of the implementation to OPWDD; or

(ii) in the event that the agency does not implement a particular recommendation, submit written justification to OPWDD within a month after the recommendation is made, and identify the alternative means that will be undertaken to address the issue, or explain why no action is needed.

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