Or. Admin. Code § 419-105-0000 - Death Reporting Reviews for Adults in Developmental Disabilities Services

(1) Effective November 1, 2019, Developmental Disabilities (DD) case management entities for adults enrolled in community developmental disabilities programs or support service brokerages are required to notify their local DD abuse investigator of all the deaths of adults receiving case management services within one business day of being informed of the death per the Department's Office of Developmental Disabilities Services (ODDS) policy and in the format required by the Department.

(2) Within one business day of being informed of the adult's death, the investigator shall either:

(a) Immediately inform the Department's Office of Training, Investigations and Safety (OTIS) for deaths of residents of the Department's Stabilization and Crisis Units (SACU) and provide any relevant documents received related to the death; or

(b) Begin a death review and inform the Department in the format provided for these serious incident reviews.

(3) The investigator shall complete a death review report using the OTIS provided format within 55 calendar days of receiving the report of the adult's death.

(a) The investigator may obtain an extension of the due date for good cause by submitting a request in writing to OTIS.

(b) "Good cause" has the meaning given that term in OAR 419-100-0010.

(4) The death review consists of ascertaining if abuse was a factor in the adult's death. This includes but is not limited to:

(a) A review of the adult's DD case management records for at least the past year;

(b) A review of DD service provider records for the adult if services were provided by an ODDS regulated DD service provider, including a review of facility records if the adult received residential services from a licensed setting within 2 years of death;

(c) Any other relevant records; and

(d) Any relevant information provided by individuals contacted related to the death review.

(5) The investigator shall obtain the official cause and manner of death, such as a copy of the adult's death certificate or medical examiner's report.

(6) Within 5 calendar days of receiving a completed death review, an OTIS manager or coordinator shall review and either

(a) Approve the death review report for closure; or

(b) Work with the investigator to obtain necessary information or corrections for approval to close.

(c) OTIS shall provide ODDS with the final approved death review report.

(d) OTIS shall provide written notice that the death review has been approved to close to the DD case management entity that reported the death as described in (1).

(7) If at any point the investigator ascertains during the death review that abuse was a factor, OTIS is to be notified within one business day and the death review case shall become an assigned abuse investigation per OAR 419-100-0070. Notifications shall occur per OAR 419-100-0040.

(8) Nothing in this section affects the community program's duties and responsibilities related to case management following the death of an enrolled adult.

Notes

Or. Admin. Code § 419-105-0000

DHSD 17-2019, temporary adopt filed 09/25/2019, effective 11/01/2019 through 04/28/2020; DHSD 29-2019, adopt filed 11/15/2019, effective 11/15/2019; DHSD 20-2020, minor correction filed 09/03/2020, effective 09/03/2020; DHS 7-2023, renumbered from 407-045-0645, filed 12/01/2023, effective 12/01/2023; OTIS 92-2023, minor correction filed 12/01/2023, effective 12/1/2023

Statutory/Other Authority: ORS 409.010, ORS 430.735, ORS 430.662 & ORS 409.050

Statutes/Other Implemented: ORS 430.662