6 Colo. Code Regs. § 1011-3-10

Current through Register Vol. 47, No. 11, June 10, 2024

Section 6 CCR 1011-3-10 - REPORTING REQUIREMENTS

10.1 Occurrences

10.1.1 Pursuant to Section 25-3.5-1303(1)(f), C.R.S., each CIHCS Agency licensed pursuant to Section 25-3.5-1301et seq., C.R.S., shall report to the Department the occurrences specified at Section 25-1-124(2), C.R.S.

10.1.2 The Agency shall report the following occurrences to the Department in the format required by the Department by the next business day after the occurrence or when the CIHCS Agency becomes aware of the occurrence:

A) Any occurrence that results in the death of a consumer of the CIHCS Agency and is required to be reported to the coroner pursuant to Section 30-10-606, C.R.S., as arising from an unexplained cause or under suspicious circumstances;

B) Any occurrence that results in any of the following serious injuries to a consumer:

i) Brain or spinal cord injuries;

ii) Life-threatening complications of anesthesia or life-threatening transfusion errors or reactions;

iii) Second or third degree burns involving twenty percent or more of the body surface area of an adult consumer or fifteen percent or more of the body surface area of a child consumer;

C) Any time that a consumer of the CIHCS Agency cannot be located following a reasonable search of the area, and there are circumstances that place the consumer's health, safety, or welfare at risk or, regardless of whether such circumstances exist, the consumer has been missing for eight hours;

D) Any occurrence involving physical, sexual, or verbal abuse of a consumer, as described in Sections 18-3-202, 18-3-203, 18-3-204, 18-3-206, 18-3-402, 18-3-403, 18-3-404, or 18-3-405, C.R.S., by an employee or contractor of the CIHCS Agency;

E) Any occurrence involving neglect of a consumer as described in Section 26-3.1-101(7) (b), C.R.S.

F) Any occurrence involving misappropriation of a consumer's property. For purposes of this paragraph, "misappropriation of a consumer's property" means a pattern of or deliberately misplacing, exploiting, or wrongfully using, either temporarily or permanently, a consumer's belongings or money without the consumer's consent;

G) Any occurrence in which drugs intended for use by consumers are diverted to use by other persons; and

H) Any occurrence involving the malfunction or intentional or accidental misuse of consumer care equipment that occurs during treatment or diagnosis of a consumer and that significantly adversely affects or if not averted would have significantly adversely affected a consumer of the CIHCS Agency.

10.1.3 Any Agency reports submitted shall be strictly confidential in accordance with and pursuant to Sections 25- 1-124 (4), (5), and (6), C.R.S.

10.1.4 The Department may request further oral or written reports of the occurrence if it determines such report is necessary.

10.1.5 No CIHCS Agency owner, administrator, or employee thereof shall discharge or in any manner discriminate or retaliate against any consumer of a CIHCS Agency, relative or sponsor thereof, employee of the CIHCS Agency, or any other person because such person, relative, legal representative, sponsor, or employee has made in good faith or is about to make in good faith, a report pursuant to this Section 10.1 or has provided in good faith or is about to provide in good faith evidence in any proceeding or investigation relating to any occurrence required to be reported by a CIHCS Agency.

10.1.6 Nothing in this Section 10 shall be construed to limit or modify any statutory or common law right, privilege, confidentiality or immunity.

10.1.7 Nothing in this Section 10 shall affect a person's access to his or her medical record as provided in Section 25-1-801, C.R.S., nor shall it affect the right of a family member or any other person to obtain medical record information upon the consent of the consumer or his/her authorized representative.

10.2Other Required Reporting

10.2.1 The Agency shall ensure that:

A) All staff have knowledge of Article 3.1, Part 1 of Title 26, C.R.S., regarding protective services for at-risk adults;

B) All staff have knowledge of Article 3, Part 3 of Title 19, C.R.S., if the Agency provides services to pediatric consumers; and

C) All incidents involving neglect, abuse or financial exploitation are reported immediately, through established procedure, to the Agency owner and administrator.

10.2.2 In addition to the Agency's reporting requirements described in Sections 10.1 and 10.2.1 of these rules, the Agency shall report all incidents described in Sections 10.1.1 of these rules to the appropriate officials as specified in statute. The Agency shall make copies of all such reports available to the Department upon request.

6 CCR 1011-3-10

40 CR 21, November 10, 2017, effective 1/1/2018