- (a) The provider shall have comprehensive written procedures concerning resident reportable events.
(b)
- (1) All written reports will be reviewed, initialed, and dated by the psychiatric residential treatment facility administrator or designee.
- (2) All reports involving accident or injury to residents will also be reviewed, initialed, and dated by the director of nursing services or other psychiatric residential treatment facility registered nurse.
- (c) A psychiatric residential treatment facility, as defined by Arkansas Code § 20-10-213, that does not comply with this subsection, commits a Class C violation under Arkansas Code § 20-10-205 and is subject to a civil penalty under Arkansas Code § 20-10-206.
- (d) It is the responsibility of the psychiatric residential treatment facility to obtain an address and telephone number at which the resident’s parent or legal guardian is available for notification.
- (e) It is the responsibility of the resident’s parent or legal guardian to notify the psychiatric residential treatment facility of any change in address or telephone number.
(f) Pursuant to state law Arkansas Code § 20-10-107, within twenty-four (24) hours after the incident requiring notification occurs, a psychiatric residential treatment facility shall notify, if known, the resident’s parent, legal guardian, or other responsible party when:
- (1) The resident suffers an injury;
- (2) The resident is taken outside the psychiatric residential treatment facility for medical care;
- (3) The resident is moved to a different room; or
- (4) There is any significant change in the physical or mental condition of the resident.
(g) Pursuant to Reporting of serious occurrences, 42 C.F.R. § 483.374 (2001):
- (1) The psychiatric residential treatment facility must report each serious occurrence to the Office of Long-Term Care, the PASSE, or the sending state and, unless prohibited by state law, the state-designated protection and advocacy system;
(2) Serious occurrences that must be reported include:
- (A) A resident’s death;
- (B) A serious injury to a resident as defined in 42 C.F.R. § 483.352 (2001);
- (C) A resident’s suicide attempt;
- (D) Any significant impairment of the physical condition of the resident as determined by qualified medical personnel;
- (E) Any incidents of abuse and/or neglect;
- (F) A pattern of injuries to a resident;
- (G) Elopement for longer than fifteen (15) minutes;
- (H) Physical injury that requires external medical treatment; or
- (I) Sexual acts between residents or residents and staff;
- (3) A psychiatric residential treatment facility must report the death of any resident in accordance with 42 C.F.R. § 483.374 (2001);
- (4) Staff must report any serious occurrence involving a resident to the Office of Long-Term Care, the PASSE or the sending state and the state-designated protection and advocacy system by no later than close of business the next business day after a serious occurrence;
- (5) The report must include the name of the resident involved in the serious occurrence, a description of the occurrence, and the name, street address, and telephone number of the psychiatric residential treatment facility;
- (6) The psychiatric residential treatment facility must notify the resident’s parent or legal guardian as soon as possible, and in no case later than twenty-four (24) hours after the serious occurrence;
- (7) Staff must document in the resident’s record that the serious occurrence was reported to the Office of Long-Term Care, the PASSE or the sending state, and the state-designated protection and advocacy system, including the name of the person to whom the incident was reported;
- (8) A copy of the report must be maintained in the resident’s record, as well as in the incident and accident report logs kept by the psychiatric residential treatment facility.
(h) Reporting of deaths:
- (1) In addition to the reporting requirements contained above, psychiatric residential treatment facilities must report the death of any resident to the Centers for Medicare & Medicaid Services regional office;
- (2) Staff must report the death of any resident to the Centers for Medicare & Medicaid Services regional office by no later than close of business the next business day after the resident’s death; and
- (3) Staff must document in the resident’s record that the death was reported to the Centers for Medicare & Medicaid Services regional office.
(i)
- (1) All reportable events must be entered into the Office of Long-Term Care’s designated provider portal.
- (2) If the child is in a PASSE, the PASSE must also be notified.
(j)
- (1) In addition to all the above, the Child Abuse Hotline (1-800-482-5964) or the Adult Maltreatment Hotline (1-800-482-8049) may also be warranted.
- (2) If the Child Abuse Hotline or Adult Maltreatment Hotline is contacted, the facility must provide the Office of Long-Term Care with the reference number.
- (k) Any case of suspected resident abuse or neglect shall be reported immediately to the Child Abuse Hotline or the Adult Maltreatment Hotline or, when appropriate, 911.
- (l) The psychiatric residential treatment facility shall notify the resident’s parent or legal guardian as soon as possible and, in no case, later than twenty-four (24) hours after the suspected resident abuse or neglect occurred.
(m)
- (1) If a staff member is alleged to have committed an act of abuse or neglect, the accused shall be placed on administrative leave pending the outcome of the investigation and shall not be on the grounds of the psychiatric residential treatment facility.
- (2) If criminal charges are filed, the accused shall remain removed from the psychiatric residential treatment facility until the charges are resolved.
Codification Notes: "PASSE" means a Provider-Led Arkansas Shared Savings Entity.