Rule 111-8-62-.30 - Reporting(1) The staff of the personal care home must call the local police department to report the elopement of any resident from the home within 30 minutes of the staff receiving actual knowledge that such person is missing from the home in accordance with the Mattie's Call Act and the requirements set forth in O.C.G.A. § 35-3-170et seq. The home must also report the initiation and discontinuation of a Mattie's call to the Department utilizing the complaint intake system within 30 minutes of communications with local law enforcement authorities having occurred.(2) The personal care home must report a serious incident using the complaint intake system and location designated by the Department within 24 hours following the occurrence of a serious incident or the home's learning that a serious incident involving a resident may have occurred. The serious incidents that must be reported to the Department include the following:(a) Any accidental or unanticipated death of a resident not directly related to the natural course of the resident's underlying medical condition.(b) Any serious injury to a resident that requires medical treatment.(c) Any rape, assault, any battery on a resident, or any abuse, neglect, or exploitation of a resident in accordance with the Long Term Care Resident Abuse Reporting Act O.C.G.A. § 31-8-80et seq.(d) An external disaster or other emergency situation that affects the continued safe operation of the residence.(e) Any circumstances where a member of the governing body, administration, staff associated with or affiliated with the personal care home, or family member of staff becomes associated with an account at a financial institution, will, trust, benefit of substantial value or life insurance policy of a resident or former resident to verify that such gift is knowingly and voluntarily made and not the result of any coercion.(f) When an owner, director or employee acquires a criminal record as defined in these rules.(3) The incident report, submitted through the home's peer review process will be received by the Department in confidence and must include at least: (a) The name of the personal care home and the name of the administrator or site manager.(b) The date of the incident and the date the personal care home became aware of the incident.(c) The type of incident suspected, with a brief description of the incident.(d) Any subsequent remedial and quality measures determined through peer review to be taken by the personal care home to make such injury or harm arising from the particular incident less likely to recur.(4) Where the Department determines that a rule violation related to the reported incident has occurred, the Department will initiate a separate complaint investigation of the incident. The complaint investigation report and the report of any rule violation compiled by the Department arising either from the initial report received from the personal care home or an independent source is subject to disclosure in accordance with applicable laws.Ga. Comp. R. & Regs. R. 111-8-62-.30
O.C.G.A. §§ 31-2-7, 31-7-2.1, 31-7-12, 31-8-80et seq. and 35-3-170 et seq.
O.C.G.A. Secs. 31-2-7, 31-2-9, 31-7-2.1, 31-7-12, 31-8-80et seq., 35-3-170et seq., 44-7-30et seq.
Original Rule entitled "Discharge or Transfer of Residents" adopted. F. Nov. 19, 2009; eff. Dec. 9, 2009.Amended: New Title "Reporting". F. Dec. 19, 2012; eff. Jan. 8, 2013.