Or. Admin. Code § 419-110-0060

Current through Register Vol. 63, No. 10, October 1, 2024

Section 419-110-0060 - Death Reporting

(1) If the investigator reported a death to the medical examiner in cases where there was reasonable cause to believe that an adult has died as a result of abuse, an abuse investigation shall be immediately opened. Notifications shall occur in the same manner as all allegations of alleged abuse, outlined in OAR 419-110-0040.

(2) CMHP shall notify OTIS of all the deaths of adults with SPMI receiving mental health treatment from a community program or services for mental illness in a facility within one business day of being informed of the adult's death.

(3) CMHP shall report the death to OTIS via the format developed for death reporting. Upon receipt of the death reporting notice, OTIS shall assign a distinct case number for this special screening review and notify OHA HSD.

(4) The investigator shall complete a death review screening report using the OTIS provided format within 55 calendar days of receiving the report of the adult's death.

(5) The death review consists of ascertaining if abuse was a factor in the adult's death. This includes but is not limited to:

(a) A review of the adult's CMHP records for at least the past year;

(b) A review of service provider records for the adult if mental health treatment services were provided by a community program contractor;

(c) A review of facility records if the adult received licensed residential services;

(d) Any other relevant records, including but not limited to the police reports; and

(e) Any relevant information provided by individuals contacted related to the death review.

(6) The investigator shall obtain the official cause and manner of death, such as a copy of the adult's death certificate or medical examiners report.

(7) The investigator may obtain an extension of the due date for good cause by submitting a request in writing to OTIS.

(8) Within 5 calendar days of receiving a completed death review, OTIS shall review and approve for closing. OTIS shall provide OHA HSD with a copy of the report.

(9) If at any point the investigator ascertains during the death review that abuse was a factor, OTIS is to be notified immediately and the death review screening shall become an assigned abuse investigation. Notification shall occur in the same manner as OAR 419-110-0040.

(10) Nothing in this section affects the community program's duties and responsibilities related to case management following the death of an enrolled adult.

Or. Admin. Code § 419-110-0060

DHSD 9-2017(Temp), f. & cert. ef. 9-1-17 thru 2-27-18; DHSD 2-2018, adopt filed 02/27/2018, effective 02/27/2018; DHSD 23-2018, temporary amend filed 08/09/2018, effective 08/15/2018 through 02/10/2019; DHSD 1-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019; DHSD 8-2019, amend filed 06/28/2019, effective 07/01/2019; DHS 7-2023, renumbered from 407-045-0180, filed 12/01/2023, effective 12/01/2023; OTIS 99-2023, minor correction filed 12/01/2023, effective 12/1/2023

Statutory/Other Authority: ORS 409.010, 409.050, 413.085 & ORS 430.731

Statutes/Other Implemented: ORS 430.731, ORS 409.027, 443.875, 430.610 to 430.695, 430.735 to 430.765, 430.768, 443.400 to 443.465, 443.705 - 443.825 & 413.036