1. (a) In accordance with Patient Rights 42 CFR 482.13(g)(1)i and the Protection and Advocacy for Mentally Ill Individuals Act (PAIMI Act), 42 U.S.C. § 10801-10851, facility staff shall make a telephone report to the CMS regional office, no later than the close of the next business day and to the state protection and advocacy agency within 7 days following knowledge of an individual’s death that:

   1. (1) Occurs while an individual is in restraint or in seclusion at the facility;
   2. (2) Occurs within 24 hours after the individual has been removed from restraint or seclusion; and

   3. (3) Occurs within one week after restraint or seclusion where it is reasonable to assume that the use of restraint or placement in seclusion contributed directly or indirectly to the individual’s death including, at a minimum:

      1. a. Death related to restrictions of movement for prolonged periods of time; and
      2. b. Death related to chest compression, restriction of breathing, or asphyxiation.
2. (b) Staff shall document in the individual’s medical record the date and time the death was reported.
3. (c) If the individual subject to seclusion or restraint as part of emergency treatment suffers injury or death, and the individual is a child as defined in RSA 126-U:1, I, the facility staff shall provide notification pursuant to RSA 126-U:7 and RSA 126-U:10.

Source. #9120, eff 4-3-08, EXPIRED: 4-3-16 New. #11102, INTERIM, eff 5-25-16, EXPIRED: 11-21-16 New. #12077, eff 12-28-16