Section 455 IAC 2-8-2 - Unusual occurrence; reportingAuthority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 2.
(a) Incidents falling in the category of unusual occurrences, as defined in subsection (b), shall be reported to the following:(1) DDARS within the approved, specified time frame on the prescribed incident reporting format approved by DDARS.(2) As applicable, APS or CPS.(b) Reportable unusual occurrences include, but are not limited to, the following, as applicable: (1) Alleged, suspected, or actual abuse, neglect, or exploitation of an individual. The provider shall do the following: (A) Suspend staff involved in the incident pending provider investigation.(B) Report the unusual occurrence to the applicable APS or CPS office.(2) Alleged, suspected, or actual assault or abuse by an individual.(3) The death of an individual, which also must be reported to the appropriate local APS or CPS unit. The narrative shall include the following:(A) The name of the person contacted.(B) The phone number of the contact.(C) The county of the contact.(4) A residence that compromises the health and safety of an individual due to any of the following: (A) A significant interruption of a major utility.(B) An environmental, structural, or other significant problem.(5) Environmental or structural problems associated with a dwelling where individuals reside that compromise the health and safety of the individuals.(6) A residential fire resulting in any of the following: (7) Suspected or observed criminal activity by:(A) a staff member, employee, or agent of a provider;(B) a family member of an individual receiving services; or(C) the individual receiving services; when the care of the individual is impacted or potentially impacted.
(8) Injuries of unknown origin.(9) Suicidal ideation or a suicide attempt that had the potential to cause physical harm, injury, or death.(10) A major disturbance or threat to public safety created in the community by the individual. The threat:(A) can be: (i) toward anyone, including staff; and(ii) in an internal setting; and(B) need not be outside the individual's residence.(11) Admission of an individual to a nursing facility, excluding respite stays.(12) A significant injury to an individual, including, but not limited to, the following: (B) A burn greater than first degree.(C) Choking that requires intervention.(D) Contusions or lacerations.(13) An injury that occurs while an individual is restrained.(14) Police involvement when there is an arrest.(16) Inadequate staff support for an individual, including inadequate supervision, with the potential for endangering the health or welfare of the individual.(c) An incident described in subsection (b) shall be reported by a provider or an employee or agency of a provider who: (1) is providing services to the individual at the time of the incident; or(2) becomes aware of or receives information about an alleged incident.(d) An initial report regarding an incident shall be submitted according to DDARS policy and this article upon: (1) the occurrence of the incident; or(2) the reporter's: (A) becoming aware of; or(B) receiving information about; an incident.
(e) The provider of CMS or, in the event there is no case manager, the provider to an individual shall submit a follow-up report concerning the incident on the prescribed follow-up incident reporting format at the following times:(1) Within seven (7) days of the date of the initial report.(2) Every seven (7) days thereafter until the incident is deemed resolved by DDARS.(f) All information required to be submitted to DDARS must also be submitted to the following: (1) The individual or the individual's legal guardian.Division of Aging; 455 IAC 2-8-2; filed Sep 1, 2006, 8:20 a.m.: 20060927-IR-460050119FRA; readopted filed Nov 2, 2012, 8:32 a.m.: 20121121-IR-455120508RFAReadopted filed 4/9/2018, 9:13 a.m.: 20180509-IR-455180111RFAReadopted filed 9/25/2024, 4:02 p.m.: 20241023-IR-455230818RFATransferred from the Division of Disability and Rehabilitative Services (460 IAC 1.2-8-2) to the Division of Aging (455 IAC 2-8-2) by P.L.153-2011, SECTION 21, effective July 1, 2011.