D.C. Mun. Regs. tit. 22, r. 22-A3013

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 22-A3013 - REPORTING MAJOR UNUSUAL INCIDENTS

3013.1

An FSMHC shall immediately notify the Department of any major unusual incident that may adversely affect the health, safety, or welfare of any enrolled consumer by submitting a completed Department Major Unusual Incident (MUI) Report to the Department's Division of Incident Management and Investigation in the manner specified by the Department.

3013.2

An FSMHC shall also provide a copy of the completed MUI Report form provided to the Department to the consumer's parent(s) or guardian(s) of each child or youth affected by the major unusual incident.

3013.3

Major unusual incidents may include, but are not limited to, the following:

(a) Death of a person occurring at the FSMHC;

(b) Death of a consumer related to suicide;

(c) Death of a child or youth in treatment at the FSMHC;

(d) Injury to or illness of any consumer that occurs while the consumer is at the FSMHC that requires hospitalization or emergency medical treatment;

(e) Damage to the FSMHC or to any FSMHC vehicle or equipment that interferes with the capability of the provider to protect the health, safety and welfare of the children and adults at the FSMHC;

(f) Outbreak of or a single occurrence of communicable disease at the FSMHC that is required to be reported to DC Health in accordance with Title 22 of the District of Columbia Municipal Regulations;

(g) Unauthorized departure of an enrolled child or youth consumer or any circumstances under which a child or youth consumer is deemed unaccounted for or missing;

(h) Any traffic accident involving a vehicle rented, owned, maintained, or contracted by the FSMHC and in which consumers were transported at the time of the accident;

(i) Any adverse or negative action that the provider takes against an employee, volunteer, or household member related to any substantiated crime against a consumer; and

(j) Any other incident at the FSMHC that requires a response by emergency service personnel, such as police, fire, ambulance, or poison control.

3013.4

In the case of a traffic accident or an incident involving perceived or actual criminal activity, the FSMHC shall also file a report with the appropriate law enforcement authorities.

3013.5

Any FSMHC staff member who knows or reasonably believes that an enrolled child consumer is, has been, or is in immediate danger of being abused or neglected shall, as required by the District of Columbia Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; D.C. Official Code §§ 4-1321.01 et seq.), make or cause to be made an immediate oral report to:

(a) The Child Protective Services Division of the Child and Family Services Administration (CFSA), via the CFSA twenty-four (24) hour Child Abuse and Neglect Hotline; and

(b) The Metropolitan Police Department (MPD).

3013.6

Any FSMHC staff member who knows or reasonably believes that an enrolled adult consumer is, has been, or is in immediate danger of being abused or neglected shall, as required by the Adult Protective Services Act of 1984, effective March 14, 1985 (D.C. Law 5-156; D.C. Official Code §§ 7-1901, et seq.), make or cause to be made an immediate oral report to:

(a) Adult Protective Services in the Department of Aging and Community Living (DACL), via the twenty-four (24) hour Adult Protective Services Hotline; and

(b) MPD.

3013.7

In the MUI report required by this section, the staff member shall include:

(a) The name, age, sex, and household address of the consumer who is the subject of the report;

(b) A statement that the consumer who is the subject of the report is receiving services at the FSMHC;

(c) The name, address, and telephone number of the FSMHC;

(d) To the extent known, the name, age, and sex of each sibling or child living in the same household as the consumer who is the subject of the report;

(e) To the extent known, the name, age, and sex of each parent, guardian, or other caretaker of the consumer;

(f) The information that led the staff member to suspect that the consumer who is the subject of the report is being, or is at risk of being, abused or neglected, the nature and extent of the perceived or actual abuse or neglect, and the identity of the person(s) responsible for it;

(g) Any other information that may be helpful in establishing whether the consumer who is the subject of the report is being, or is at risk of being, abused or neglected, the cause of the suspected abuse or neglect, and the identity of the person(s) responsible for it;

(h) The name, title, or occupation, and contact information of the staff member making the report;

(i) Any actions taken by the staff member or the FSMHC concerning the consumer in response to the situation; and

(j) Any other information required by law.

D.C. Mun. Regs. tit. 22, r. 22-A3013

Final Rulemaking published at 67 DCR 11929 (10/16/2020)