Mich. Admin. Code R. 400.2404a

Current through Vol. 24-21, December 1, 2024
Section R. 400.2404a - Incident notification, incident records

Rule 404a.

(1) As used in these rules:
(a) "Department" means the department of licensing and regulatory affairs.
(b) "Elopement" means a resident that has a service plan that requires notice or arranged supervision to leave the facility and is absent without notice or supervision.
(c) "Incident" means, consistent with the incident recordkeeping requirement in this rule, an intentional or unintentional event where a resident sustains physical or emotional harm, an unexpected or unnatural death, is displaced by a natural disaster, or elopes.
(2) If a resident has a representative identified in writing on the resident's care agreement, the licensee shall report to the resident's representative within 48 hours after any of the following:
(a) Unexpected or unnatural death of a resident.
(b) Unexpected and preventable inpatient hospital admission.
(c) Physical hostility or self-inflicted harm or harm to others resulting in injury that requires outside medical attention or law enforcement involvement.
(d) Natural disaster or fire that results in evacuation of residents or discontinuation of services greater than 24 hours.
(e) Elopement from the home if the resident's whereabouts is unknown.
(3) If an elopement occurs, staff shall conduct an immediate search to locate the resident. If the resident is not located within 30 minutes after the elopement occurred, staff shall contact law enforcement.
(4) An incident must be recorded on a department-approved form and maintained in the home for a period of not less than 2 years.
(5) The department may review incident reports during a renewal inspection or special investigation. This does not prohibit the department from requesting an incident report if determined necessary by the department. If the department does request an incident report, the licensee shall provide the report in electronic form within 24 hours after the request. The department shall maintain and protect these documents in accordance with state and federal laws, including privacy laws.

Mich. Admin. Code R. 400.2404a

2023 MR 11, Eff. 6/8/2023