23 Miss. Code. R. 208-7.6 - Serious Events/Incidents and Abuse/Neglect/Exploitation
A. All Department of Mental Health (DMH)
providers, including support coordinators and targeted case managers, must
receive training at least annually regarding Mississippi's Vulnerable Persons
Act and the following:
1. Education as to
what constitutes possible abuse/neglect/exploitation,
2. Abuse/neglect/exploitation reporting
requirements and procedures, and
3. Reporting of serious events/incidents to
DMH as outlined in the DMH Operational Standards.
B. Providers must provide the person/legal
guardian with the provider's procedures for protecting persons from abuse,
neglect, exploitation, and any other form of potential abuse.
1. The procedures must be provided upon
admission and at least annually thereafter.
2. The procedures must be given orally and in
writing.
3. Documentation must
include the person/legal guardian's signature indicating the rights have been
explained in a way that is understandable to them.
4. The person/legal guardian must be given
instructions for reporting suspected violation to the DMH, Office of Consumer
Support (OCS) or Disability Rights Mississippi.
5. The DMH toll free Helpline must be posted
in a prominent place throughout each program site and provided to the
person/legal representative.
C. All providers must have a written policy
for documenting and reporting all serious events/incidents. Documentation
regarding serious events/incidents must include:
1. A written description of events and
actions,
2. All written reports,
including outcomes, and
3. A
record of telephone calls and written reports to DMH.
D. Serious events/incidents involving program
services or program staff on program property or at a program-sponsored event
must be reported to DMH, the agency director, and the parent/guardian/legal
representative/significant person as identified by the person receiving
services.
E. DMH must submit a
summary of serious incidents/events to the Division of Medicaid with each
quarterly report.
F. Serious
events/incidents involving beneficiaries that must be reported to the DMH and
other appropriate authorities within twenty-four (24) hours or the next
business day, by telephone or written report include, but are not limited to,
the following:
1. Suicide attempts on program
property or at a program-sponsored event.
2. Suspected abuse/neglect/exploitation,
which must also be reported to other authorities in accordance with State law.
3. Unexplained absence from a
residential program of twelve (12) hours duration.
4. Absence of any length of time from an
adult day center providing services to persons with Alzheimer's disease and/or
other dementia.
5. Emergency
hospitalization or emergency room treatment of a person receiving 1915(i)
services.
6. Accidents which
require hospitalization and may be related to abuse or neglect, or in which the
cause is unknown or unusual.
7.
Disasters including fires, floods, tornadoes, hurricanes, earth quakes and
disease outbreaks.
8. Use of
seclusion or restraint, either mechanical or chemical. Providers are prohibited
from the use of:
a) Mechanical restraints,
defined by the Division of Medicaid as the use of a mechanical device,
material, or equipment attached or adjacent to the person's body that he or she
cannot easily remove that restricts freedom of movement or normal access to
one's body unless being used for adaptive support,
b) Seclusion,
c) Time-out, and
d) Chemical restraints, defined by the
Division of Medicaid as medication used to control behavior or to restrict the
person's freedom of movement and is not standard treatment of the person's
medical or psychiatric condition,
G. Death of a person on program property, at
a program sponsored event or during an unexplained absence from a residential
program site must be reported to the DMH within eight (8) hours of the death.
H. If a provider has any question
whether or not a situation/incident should be reported, the provider must
contact DMH.
I. Reporting
guidelines are determined by the setting in which the suspected
abuse/neglect/exploitation occurred.
1.
Suspected abuse/neglect/exploitation that occurs in a home setting must be
reported to the Vulnerable Adults Unit (VAU) at the Attorney General's Office
and the Division of Family and Children Services (DFCS) at the Mississippi
Department of Human Services (DHS).
2. Complaints of abuse/neglect/exploitation
of persons in health care facilities must be reported to the Medicaid Fraud
Control Unit (MFCU) and the Office of the State Attorney General (AG).
3. Suspected
abuse/neglect/exploitation that occurs in any Day Support services facility,
which Division of Medicaid defines as a community-based group program for
adults designed to meet the needs of adults with impairments through individual
PSS, which are structured, comprehensive, planned, nonresidential programs
providing a variety of health, social and related support services in a
protective setting, enabling beneficiaries to live in the community must be
reported to DMH if the facility is certified by the DMH.
4. If the alleged perpetrator carries a
professional license or certificate, a report must be made to the entity which
governs their license or certificate.
5. Disease outbreaks at a provider site must
be reported to Mississippi State Department of Health (MSDH).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
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