6 Colo. Code Regs. § 1011-1 Chapter 08 Part 9
Current through Register Vol. 47, No. 11, June 10, 2024
9.1 Each facility shall develop and implement written policies and procedures for residents' rights which shall address the client rights set forth in 6 CCR 1011-1, Chapter 2, Part 7, and Sections 25.5-10-218 through 225, C.R.S. Such policies and procedures shall also include specific provisions regarding: (A) The right to have medications administered in a manner consistent with state and federal law and regulation.(B) The right to resident notice at least 30 days prior to the effective date when there is a decision to terminate services or transfer the resident, regardless of who initiated the termination or transfer.(C) Assurance that any resident transfer, including between facilities or within the same facility, shall be in the best interests of the resident and not for the convenience of the facility.(D) An effective monitoring mechanism to detect instances of abuse, mistreatment, neglect, and exploitation. Monitoring shall include, at a minimum, a review of: (1) Incident and/or occurrence reports;(2) Verbal and written reports from residents, advocates, families, guardians, friends of residents, or others;(3) Verbal and written reports of unusual or dramatic changes in behaviors or residents; and(4) A plan for unannounced supervisory visits to each residence or facility on all shifts, no less than quarterly.(E) Procedures for identifying, reporting, reviewing, and investigating all allegations of abuse, mistreatment, neglect, and exploitation consistent with applicable legal and regulatory requirements.(F) Procedures for timely and appropriate disciplinary action up to and including termination of staff and appropriate legal recourse against any staff member or volunteer who has engaged in abuse, mistreatment, neglect, or exploitation of a resident.9.2 The facility administrator shall ensure implementation of the following: (A) All staff members and volunteers are aware of applicable state law and facility policies and procedures related to abuse, mistreatment, neglect, and exploitation.(B) The facility adheres to federal and state law along with the facility's own policies and procedures for residents' rights.(C) The facility demonstrates that the residents are informed of their rights and those rights are protected.(D) The facility ensures immediate reporting to the facility administrator or designee by any staff member or volunteer who observes or is aware of abuse, mistreatment, neglect, or exploitation of a resident, and documentation of prompt action to protect the safety of the affected resident and all other residents in the facility.(E) The facility reports any alleged incident or occurrence to the individual(s) legally authorized to receive the information within 24 hours and to the Department by the next business day, consistent with 6 CCR 1011-1, Chapter 2, Part 4.2.(F) All alleged incidents of abuse, mistreatment, neglect, exploitation, or injuries of unknown origin shall be thoroughly investigated within five (5) working days. (1) An investigative report shall be prepared that includes, at a minimum:(a) The preliminary results of the investigation;(b) A summary of the investigative procedures utilized;(c) The investigative findings, including recommendations;(d) The administrative review; and(e) Timeline for the action(s) to be taken.(2) If the alleged incident is subject to external investigation by law enforcement, adult protective services, or other appropriate oversight authority, the facility shall submit an addendum to the documentation of its investigation within five (5) working days after the completion of such external investigation.
6 CCR 1011-1 Chapter 08 Part 9