Wis. Admin. Code Department of Health Services DHS 83.12 - Investigation, notification, and reporting requirements
(1) DEATH
REPORTING.
(a)
Resident death related
to physical restraint, psychotropic medication or suicide. No later
than 24 hours after the death of a resident, the CBRF shall report the death to
the department if there is reasonable cause to believe the death was related to
the use of a physical restraint or psychotropic medication, or was a
suicide.
(b)
Resident death
related to an accident or injury. When a resident dies as a result of
an incident or accident not related to the use of a physical restraint,
psychotropic medication, or suicide, the CBRF shall send a report to the
department within 3 working days of the resident's death.
(c)
Resident death due to natural
causes. A CBRF is not required to report a death to the department if
the death is the result of natural causes, and none of the circumstances
surrounding the death involve a condition under par. (a) or (b).
(2) INVESTIGATING AND REPORTING
ABUSE, NEGLECT OR MISAPPROPRIATION OF PROPERTY.
(a)
Caregiver.
1. When a CBRF receives a report of an
allegation of abuse or neglect of a resident, or misappropriation of property,
the CBRF shall take immediate steps to ensure the safety of all
residents.
2. The CBRF shall
investigate and document any allegation of abuse or neglect of a resident, or
misappropriation of property by a caregiver. If the CBRF's investigation
concludes that the alleged abuse, or neglect of a resident or misappropriation
of property meets the definition of abuse or neglect of a resident, or of
misappropriation of property, the CBRF shall report the incident to the
department on a form provided by the department, within 7 calendar days from
the date the CBRF knew or should have known about the abuse, neglect, or
misappropriation of property. The CBRF shall maintain documentation of any
investigation.
Note: For copies of the report form, contact the Division of Quality Assurance, Office of Caregiver Quality at P.O. Box 2969, Madison WI 53701-2969 or at dhs.wisconsin.gov/caregiver/index.htm.
(b)
Non-caregiver or
resident. When there is an allegation of abuse or neglect of a
resident, or misappropriation of property by a non-caregiver or resident, the
CBRF shall follow the elder abuse reporting requirements under s.
46.90, Stats., or the adult at
risk requirements under s.
55.043, Stats., whichever is
applicable.
(c)
Other
reporting. Filing a report under sub. (1) or (2) does not relieve the
licensee or other person of any obligation to report an incident to any other
authority, including law enforcement and the coroner.
(3) INVESTIGATING INJURIES OF UNKNOWN SOURCE.
(a) A CBRF shall investigate any of the
following:
1. An injury that was not observed
by any person.
2. The source of an
injury to a resident that cannot be adequately explained by the
resident.
3. An injury to a
resident that appears suspicious because of the extent of the injury or the
location of the injury on the resident.
(b) The CBRF shall maintain documentation of
each investigation of an injury referenced under par. (a). The CBRF shall
report the incident as required under sub. (2).
(4) OTHER REPORTING AND NOTIFICATION
REQUIREMENTS. A CBRF shall send a written report to the department within 3
working days after any of the following occurs:
(a) Any time a resident's whereabouts are
unknown, except those instances when a resident who is competent chooses not to
disclose his or her whereabouts or location to the CBRF, the CBRF shall notify
the local law enforcement authority immediately upon discovering that a
resident is missing. This reporting requirement does not apply to residents
under the jurisdiction of government correctional agencies or persons
recovering from substance abuse.
(b) Any time law enforcement personnel are
called to the CBRF as a result of an incident that jeopardizes the health,
safety, or welfare of residents or employees. The CBRF's report to the
department shall provide a description of the circumstances requiring the law
enforcement intervention. This reporting requirement does not apply to
residents under the jurisdiction of government correctional agencies.
(c) Any incident or accident resulting in
serious injury requiring hospital admission or emergency room treatment of a
resident.
(d) A catastrophe occurs
resulting in damage to the CBRF.
(e) A fire occurs on the premises of the
CBRF.
(f) Any time the CBRF must
evacuate and temporarily relocate residents and employees from the CBRF for
reasons other than a fire drill.
(5) NOTIFICATION OF CHANGES AFFECTING A
RESIDENT.
(a) The CBRF shall immediately
notify the resident's legal representative and the resident's physician when
there is an incident or injury to the resident or a significant change in the
resident's physical or mental condition.
(b) The CBRF shall immediately notify the
resident's legal representative when there is an allegation of physical, sexual
or mental abuse, or neglect of a resident. The CBRF shall notify the resident's
legal representative within 72 hours when there is an allegation of
misappropriation of property.
(c)
The CBRF shall give the resident or the resident's legal representative a
30-day written notice of any change in services available or in charges for
services that will be in effect for more than 30 days.
(6) DOCUMENTATION. All written reports
required under this section shall include, at a minimum, the time, date, place,
individuals involved, details of the occurrence, and the action taken by the
provider to ensure residents' health, safety and well-being.
Notes
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