Rule 290-9-37-.32 - Reporting to the Department(1) The Community Living Arrangement shall report to the Office of Regulatory Services and also follow Division of MHDDAD reporting protocol whenever any of the following incidents involving residents occurs or the Community Living Arrangement has reasonable cause to believe that an incident involving a resident has occurred: (a) Any death of a resident;(b) Any rape that occurs in the residence;(c) Any serious injury to a resident that requires medical attention;(d) Any assault, any battery on a resident, or any abuse, neglect, or exploitation of a resident;(e) Any time a resident cannot be located, where there are circumstances that place the health, safety, or welfare of the resident or others at risk and the resident has been missing for more than 24 hours;(f) An external disaster or other emergency situation that affects the continued safe operation of the residence; and(g) Any circumstances where a member of the governing body, administration, staff associated with or affiliated with the Community Living Arrangement, or family member of staff is associated with a will, trust, 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.(2) The report shall be received by the Department, operating through the Office of Regulatory Services, in confidence and shall include at least: (a) The name of the Community Living Arrangement and the name of the administrator or site manager;(b) The date of the incident and the date the Community Living Arrangement became aware of the incident;(c) The type of incident suspected, with a brief description of the incident; and(d) Any immediate corrective or preventative action taken by the residence to ensure against the replication of the incident.(3) Where the Department's Office of Regulatory Services determines that a rule violation related to the incident has occurred, the Department, through the Office of Regulatory Services, will initiate a separate complaint investigation of the incident. The complaint investigation report and the report of any rule violation compiled by the Office of Regulatory Services on behalf of the Department arising either from the initial report received from the Community Living Arrangement or an independent source shall be subject to disclosure in accordance with applicable laws.Ga. Comp. R. & Regs. R. 290-9-37-.32
O.C.G.A. Secs. 31-7-1et seq., 37-1-22.
Original Rule entitled "Reporting to the Department" adopted. F. Oct. 24, 2002; eff. Nov. 13, 2002.