SECTION 310:663-19-1. Incident reports

(a)   Timeline for reporting. All reports to the Department shall be made within one (1) Department business day of the reportable incident's discovery. A follow-up report of the incident shall be submitted to the Department within five (5) Department business days after the incident. The final report shall be filed with the Department when the full investigation is complete, not to exceed ten (10) Department business days after the incident. Notifications to the Nurse Aide Registry using the ODH Form 718 must be made within one (1) Department business day of the reportable incident's discovery.

(b)   Incidents requiring report. Each continuum of care facility and assisted living center shall prepare a written incident report for the following incidents:

(1)   allegations and incidents of resident abuse;

(2)   allegations and incidents of resident neglect;

(3)   allegations and incidents of misappropriation of resident's property;

(4)   accidental fires and fires not planned or supervised by facility staff, occurring on the licensed real estate;

(5)   storm damage resulting in relocation of a resident from a currently assigned room;

(6)   deaths by unusual occurrence, including accidental deaths or deaths other than by natural causes;

(7)   residents missing from the assisted living center upon determination by the assisted living

(8)   utility failure for more than eight (8) hours;

(9)   incidents occurring at the assisted living center, on the assisted living center grounds or during assisted living center sponsored events, that result in fractures, injury requiring treatment at a hospital, a physician's diagnosis of closed head injury or concussion, or head injuries that require more than first aid;

(10)   reportable diseases and injuries as specified by the Department in OAC 310:515 (relating to communicable disease and injury reporting); and,

(11)   situations arising where a criminal act is suspected. Such situations shall also be reported to local law enforcement.

(c)   Incidents involving another provider. Each continuum of care facility and assisted living center shall promptly refer incidents involving another provider, including a hospice or home health agency, to the certification or licensure agency having jurisdiction over the provider.

(d)   Reports to the Department. Each assisted living center shall report to the Department those incidents specified in 310:663-19-1(b). An assisted living center may use the Department's Long Term Care Incident Report Form.

(e)   Licensing boards. Each assisted living center shall report allegations and incidents of resident abuse, neglect, or misappropriation of resident's property by licensed personnel to the appropriate licensing board within five (5) business days.

(f)   Notification of nurse aide registry. Each continuum of care facility and assisted living center shall report allegations and occurrences of resident abuse, neglect, or misappropriation of resident's property by a nurse aide to the Nurse Aide Registry by submitting a completed "Notification of Nurse Aide Abuse, Neglect, Mistreatment or Misappropriation of Property" form (ODH Form 718), which requires the following:

(1)   facility/center name, address and telephone;

(2)   facility type;

(3)   date;

(4)   reporting party name or administrator name;

(5)   employee name and address;

(6)   employee certification number;

(7)   employee social security number;

(8)   employee telephone number;

(9)   termination action and date (if applicable);

(10)   other contact person name and address; and

(11)   the details of the allegation or occurrence of abuse, neglect, or misappropriation of resident property.

(g)   Content of incident report.

(1)   The preliminary report shall at the minimum include:

(A)   who, what, when, and where; and

(B)   measures taken to protect the resident(s) during the investigation.

(2)   The follow-up report shall at the minimum include:

(A)   preliminary information;

(B)   the extent of the injury or damage if any; and

(C)   preliminary findings of the investigation.

(3)   The final report shall, at the minimum, include preliminary and follow-up information and:

(A)   a summary of investigative actions;

(B)   investigative findings and conclusions based on findings;

(C)   corrective measures to prevent future occurrences; and

(D)   if items are omitted, why the items are omitted and when they will be provided.

(h)   Emergency Response. In lieu of making incident reports during an emergency response to a natural or man-made disaster, the facility may coordinate its communications, status reports and assistance requests through the local emergency response coordinator, and file a final report with the Department within ten (10) days after conclusion of the emergency response.

[Source: Added at 15 Ok Reg 2605, eff 6-25-98; Amended at 24 Ok Reg 2007, eff 6-25-07; Amended at 25 Ok Reg 2460, eff 7-11-08; Amended at 34 Ok Reg 1297, eff 10-1-17]

Note

EDITOR’S NOTE: See Editor's Note at beginning of this Chapter.