048-45 Wyo. Code R. § 45-20

Current through April 27, 2019

Section 45-20 - Notification of Incident Process

(a) A provider shall report the following categories of critical incidents involving waiver participants to the Division, the Department of Family Services, Protection & Advocacy System, Inc., the case manager, any legally authorized representative(s), and to law enforcement immediately after assuring the health and safety of the participant and other individuals:

• (i) Suspected abuse as defined by Wyo. Stat. Ann. § 35-20-102 or Wyo. Stat. Ann. § 14-3-202;

• (ii) Suspected self-abuse;

• (iii) Suspected neglect as defined in Wyo. Stat. Ann. § 35-20-102 or Wyo. Stat. Ann. § 14-3-202;

• (iv) Suspected self-neglect as defined Wyo. Stat. Ann. § 35-20-102;

• (v) Suspected abandonment as defined in Wyo. Stat. Ann. § 35-20-102;

• (vi) Suspected exploitation as defined in Wyo. Stat. Ann. § 35-20-102;

• (vii) Suspected intimidation as defined by Wyo. Stat. Ann. § 35-20-102;

• (viii) Sexual abuse as defined in Wyo. Stat. Ann. § 35-20-102; and

• (ix) Death.

(b) All providers shall report the following non-critical incidents to the Division, Protection & Advocacy System, Inc., the case manager, and any legally authorized representative(s) within one (1) business day:

• (i) Police involvement, such as arrests of participants or the participant's direct care provider, while they are providing services, or questioning of participants by law enforcement;

• (ii) Any use of restraint;

• (iii) Any use of seclusion;

• (iv) Injuries caused by restraints;

• (v) Serious injury to the participant;

• (vi) Elopement,

• (vii) Medication errors, including:
  • (A) Wrong medication;
  • (B) Wrong dosage;
  • (C) Missed medication;
  • (D) Wrong participant;
  • (E) Wrong route; and
  • (F) Wrong Time, which is any deviation from accepted standard time frame for the medication assistance; and

• (viii) Medical or behavioral admission and Emergency Room visits that are not scheduled medical visits.

(c) In addition to provisions of subsection (a) and (b) of this Section, if, at any time, a significant risk to a waiver participant's health and safety is found, the provider shall report the incident to the Division.

(d) Medication error reports that do not result in emergency medical attention shall be filed no later than three (3) business days after the event is discovered, in order to give the provider time to complete all follow-up listed in subsection (e) of this Section prior to reporting.

(e) Providers shall have incident reporting policies and procedures that include the requirements of this section and maintain internal incident reports for all critical and non-critical incidents identified in this Section.

• (i) Providers shall review internal incident data including the people involved in the incident, the preceding events, follow-up conducted, causes of reoccurring critical incidents, other trends, actions taken to prevent similar incidents from reoccurring, evaluation of actions taken, education and training of personnel, and internal and external reporting requirements.

• (ii) Providers shall provide access of internal incident data to case managers within five (5) business days.

(f) A provider shall comply with Division or other agency requests for additional information relating to any reported critical or non-critical incident.

048-45 Wyo. Code R. § 45-20

Amended, Eff. 6/21/2017.

Amended, Eff. 7/26/2018.