D.C. Mun. Regs. tit. 22, r. 22-B10125

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 22-B10125 - REPORTING COMPLAINTS TO THE DIRECTOR; REPORTING ABUSE, NEGLECT, EXPLOITATION, AND UNUSUAL INCIDENTS
10125.1

Notwithstanding a resident's right to address grievances and complaints to representatives of the Office of the Long-Term Care Ombudsman provided by § 505(a)(5) of the Act (D.C. Official Code § 44-105.05(a)(5) ), the Director may receive any complaint alleging violations of the Act and this chapter from any person and may conduct aninspection to determine the validity of the complaint pursuant to § 10107.3 of this chapter.

10125.2

An ALR shall immediately notify the Department of Health, the District's Adult Protective Services program, and the District of Columbia Long-Term Care Ombudsman ofall suspected or alleged incidents of abuse, neglect, or exploitation. The Department of Health shall be notified by phone immediately, and the ALR shall follow up by written notification to the Department within twenty-four (24) hours or the next business day.

10125.3

The results of an ALR's investigation into allegations of abuse, neglect, or exploitation of a resident pursuant to §509(b)(3) of the Act (D.C. Official Code 44-105.09(b)(3)) shall be reported to the Director within thirty (30) days of the complaint or fifteen (15) days of the conclusion of the investigation, whichever occurs first.

10125.4

In addition to the requirements to report abuse, neglect, and exploitation of a resident provided in §509 of the Act (D.C. Official Code § 44-105.09 ):

(a) An ALR shall notify the Director of any unusual incident that substantially affects a resident. Notifications of unusual incidents shall be made by contacting the Department of Health by phone promptly,and shall be followed up by written notification to the same within twenty-four (24) hours or the next business day; and
(b) An ALR shall notify the Metropolitan Police Department of abuse orany unusual incident involving death or criminal activity at an ALRbefore notifying the Director pursuant to paragraph (a) of this subsection. Instances of sexual abuse, specifically, shall be directed to the Metropolitan Police Department's Sexual Assault Unit.
10125.5

For purposes of §10125.4, an "unusual incident" shall mean any occurrence involving a resident or the ALR's physical plantthat results in significant harm, or the potential for significant harm, to any resident's health, welfare, or wellbeing. Unusual incidents include,but are not limited to: an accident resulting in significant injury to a resident, unexpected death, a sustained utility outage, environmental hazards, misappropriation of a resident's property or funds, or an occurrence requiring or resulting in intervention from law enforcement or emergency response personnel.

10125.6

An ALR shall keep record of all instances of unusual incidents for no less than three (3) yearsafter the date of occurrence.

10125.7

An ALR shall, upon request, provide an affected resident (or surrogate) witha copy of the results of the ALR's investigation into suspected abuse, neglect, or exploitation of that resident, and any actions taken by the ALR, that are reported to the Departmentpursuant to§ 509(b)(3) of the Act (D.C. Official Code § 44-105.09(b)(3) ).

D.C. Mun. Regs. tit. 22, r. 22-B10125

Final Rulemaking published at 54 DCR 005591 (June 8, 2007); amended by Final Rulemaking published at 67 DCR 3717 (4/3/2020)