SECTION 340:100-3-35. Death of a DDSD service recipient

(a)   Death of a DDSD service recipient. Upon the death of a DDSD service recipient, the DDSD area manager, public intermediate care facility for the mentally retarded (ICF-MR) administrator, or their designee ensures immediate notification of the DDSD division administrator or designee.

(b)   Death of a person receiving residential services. If a person receiving community residential supports per OAC 340:100-5-22.1, public ICF-MR services, or waiver funded group home services dies, the area manager, public ICF-MR administratoror their designee implements procedures, as appropriate, to ensure immediate notification of:

(1)   the service recipient's family member(s), guardian, or both by case management staff or provider agency staff;

(2)   the office of the Chief Medical Examiner, per Section 938 of Title 63 of the Oklahoma Statutes;

(3)   the County Sheriff's office or the city police department, in the event of accidental, suicidal, or homicidal death;

(4)   the Children and Family Services Division if the service recipient was under the age of 18 and there is suspicion the death was the result of abuse or neglect per OAC 75:3-9.1;

(5)   the Office of Client Advocacy in the event of the death of a Hissom class member or a resident of a public ICF-MR;

(6)   the state office of Adult Protective Services, if the person is a vulnerable adult and there is suspicion the death was a result of abuse or neglect; and

(7)   the state office of DDSD Quality Assurance for administrative inquiry per OAC 340:100-5-27, if there is any concern the death could pose a risk to others served by the agency.

(c)    Mortality review. A mortality review is a systematic review of circumstances surrounding the death of a service recipient receiving community residential supports, public ICF-MR services, or waiver funded group home services and is conducted to:

(1)   identify areas of concern related to the health and safety of service recipients;

(2)   identify practices or rules in need of revision; and

(3)   recommend strategies for quality improvement on a local or statewide basis.

(d)    Mortality reviewer. When a person receiving community residential supports, public ICF-MR services, or waiver funded group home services dies, the area manager, public ICF-MR administrator, or their designee assigns a reviewer from a designated pool of trained DDSD mortality reviewers.

(e)   Provider agency policies. Each provider agency establishes and implements policies and procedures that describe actions taken in response to the death of a service recipient, including notification of the DDSD area manager or designee.

(f)   Provider agency responsibilities. Each residential service provider, including specialized foster care providers:

(1)   immediately notifies the DDSD area manager, or designee;

(2)   immediately notifies the service recipient's family member(s), guardian or both;

(3)   assists the DDSD area manager, resource center administrator, or designee, if requested, in notification of authorities, as described in this Section;

(4)   immediately relinquishes to DDSD the residential record, or supplies a legible, complete photocopy;

(5)   secures written witness statements from all staff who worked with the service recipient 24 hours prior to the death unless otherwise specified by the mortality reviewer;

(6)   assists the DDSD reviewer in coordinating witness interviews and other needs;

(7)   preserves the scene of death; and

(8)   completes Form 06MP046E per OAC 340:100-3-34.

(g)   Law enforcement. DDSD staff and contract providers cooperate fully with law enforcement authorities in the investigation of the death of the service recipient.

[Source: Amended at 8 Ok Reg 2163, eff 5-13-91 (emergency); Amended at 9 Ok Reg 1549, eff 4-27-92; Amended at 14 Ok Reg 79, eff 10-10-96 (emergency); Amended at 14 Ok Reg 1399, eff 5-12-97; Amended at 16 Ok Reg 3376, eff 5-11-99 (emergency); Amended at 17 Ok Reg 1314, eff 5-11-00; Amended at 26 Ok Reg 922, eff 5-15-09]